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Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......S. Advani, 86 Calcutta Law Journal, 330=A.I.R. 1950 S.C. 222; Rajvi Amar Singh Vs. State of Rajsthan, A.I.R. 1958; State of Madras and another Vs. K. M. Rajagopalan, A.I.R, 1955 S.C. 817; M/s East Pakistan Lamps Ltd., Dacca Vs. Pakistan and others in Civil Appeal No. 17-D of 1970. Lawyers..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......ansferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in respondent No. 2..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) pa..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......Dacca High Court in petition No. 311 of 1967). Judgment Muhammad Abdullah Jabir J.—This appeal, by special leave, arises out of judgment and order passed by the erstwhile High Court of East Pakistan dismissing an application filed under Article 98 of the Constitution of Pakistan of 1962 by..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....ile High Court of East Pakistan. 2. Both the Provisional Constitution of Bangladesh Order, 1972 and President's Order No. 5 of 1972 were repealed by article 151 of the Constitution of the People's Republic of Bangladesh (hereinafter referred to as the Constitution) which came into force on the 16......Order, 1972), clause (1) of article 6 whereof empowered the said High Court also to hear and determine proceedings that were pending in the High Court at Dacca, i.e., the erstwhile High Court of East Pakistan. 2. Both the Provisional Constitution of Bangladesh Order, 1972 and President's Order No..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......Hence the learned Munsif decreed the suit. His decree was affirmed on appeal by the learned Subordinate Judge. The defendant thereupon took a second appeal to the erstwhile High Court of East Pakistan and a learned single Judge of the High Court Division dismissed the appeal on a considerat..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......Jabir, J.— This appeal, by special leave, arises out of judgment and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notifi..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... to us "the detenu"), pending the hearing of a Rule issued on an application filed on his behalf by the respondent Ahmed Nazir under Article 102 (2)(b) of the Constitution of the People's Republic of Bangladesh (hereinafter referred to as the "the Constitution"). In the said ......t March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Mehboob Ali Malik Vs. The Province of West Pakistan (1963) 15 DLR (WP) 129, P.L.D. 1963 (WP); Government of West Pakistan Vs. Begum Agha Abdul..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ondent No. 1. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Criminal Appeal No.10-D of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......mdash;For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 1967). Judgment ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......nstructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case No. 414 of 1970) Ju..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......nbsp; Muhammad Abdullah Jabir, J.—These two appeals arise by special leave out of a single judgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... but such consideration should not deflect a Court from its duty to interpret law in the light of manifest intention of the legislature. We may here aptly refer to the views of the Supreme Court of Pakistan, with which we respectfully agree, that was expressed in the case of Md. Ismail and others ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ...... referred to as the 'Ordinance') for the public examination of the respondent who was the former Secretary of Patuakhali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by wit..Category: Business or Commercial Law | Date: | Hits: 101
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... Non-Agricultural Tenancy Act and in respect of agricultural land right of pre-emption could be claimed under the State Acquisition and Tenancy Act, This position is stated by the Supreme Court of Pakistan in deciding the question whether in respect of non-agricultural land pre-emption could be ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... territories now comprising Bangladesh. (b) After emergence of Bangladesh all business and assets of the said Pakistan National Oil Limited vested in the Government of the People's Republic of Bangladesh under the Bangladesh Abandoned Properties (Control, Management and Dis......he decision of Jamuna Oil Company Limited for the purpose of its management. 3. The relevant facts which led to the formation of the Company are as follows:— (a) Pakistan National Oils Limited was a Company registered in Pakistan which, inter alia, carried o..Category: Business or Commercial Law | Date: | Hits: 107
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... to the suggestions made to the witness at the trial, was siding with the transferees. The learned Counsel appearing for the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb, 19 D.L.R. (S.C.) 36 that the pr..Category: Property Law | Date: | Hits: 49
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......n. Mr. Ahmad Sobhan referred to Article 102 of the Constitution and canvassed that such direction is not contemplated by the Constitution. He has referred to a decision of the Supreme Court of Pakistan reported in PLD 1970 SC 495. In that decision a question of salary for the period of dism..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......lip;..........................Respondents Judgment March 17, 1981. Cases Referred to- Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakistan vs. Nazi Mohammad, (1967) 19 D.L.R (SC) 236— PLD 1967, S.C. 271; East and West Steam..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....alised by the Government of Bangladesh. Section 21 (b) defines Government debts as follows: "Government debts" and equivalent expressions shall include debts due to the Government of the People's Republic of Bangladesh and any debt due to any Government that functioned within the territories com......by any process of law. This Division observed: "The learned Judges of the High Court Division wrongly concluded that the tax demanded from the appellants is debt due to the Government of the then Pakistan 'and became a debit of the Government of Bangladesh." This Division took the view: ..Category: Fiscal/Taxation Law | Date: | Hits: 98