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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......f section 96 (2) of the State Acquisition and Tenancy Act. 13. Mr. Anil Chandra Sarker, the learned Advocate has in this connection referred to an observation of the then High Court of East Pakistan in the case of "Syed Abdul Karim vs. Harendra Chandra Dhupi 14 D.L.R, 847 which it to..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ich guarantees equal opportunity in the Government service provides as follows: "There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic." 23. Though the learned Counsel for the appellant directed his efforts to establishing......ent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Shamlal vs. State of Uttar Pradesh AIR 1954 S.C. 369; Jibendra Kishore Acharyya vs. Govt. of East Pakistan (1957) 9 D.L.R (SC) 21; Kunnathat Thathunni M. Nair vs. State of Kerala AIR 1961 S.C. 552; ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....ngladesh Mr. Musharraf Hossain Chowdhury, Ex-Internal Auditor of Titas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council. South East Zone, Govt. of the People's Republic of Bangladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmiss......913, subsequently passed through different processing charging its status from a limited company to a public enterprise. In 1968 its entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Go..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......nd there is nothing in section 8 (1) (b) or the order granting licence which curbs or prohibits the importation of the principles. 14. In the case of Abul Alla Moududi vs. Govt. of West Pakistan (1965) 17 D.L.R (SC) 209=PLD 1964 S.C. 673. S. A. Rahman, J. observed on review of a numb..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......n Ranjan Sen prayed for Letters of Administration on the footing of a Will executed by his father Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo Pakistan War in 1965 and the properties of persons residing in India were declared as enemy propert..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....med the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose whatsoever; Parliament was dissolved with effect from Novem...... dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. Government of Punjab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....e jurisdiction over matters referred to in clauses (a) and (b) of Article 117. The administrative tribunal shall have jurisdiction to examine the terms and conditions of person 'in the service of the Republic". The words "in the service of the Republic" have been interpreted in Article 152 to mean...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorised officer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......money of the kabala to defendant No. 1 for paying to the plaintiffs. They immediately filed petitions before the Deputy Commissioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permission for sale of immovable p..Category: Property Law | Date: | Hits: 75
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ioner in allowing additional depreciation on the three ships. It was contended by the department that the additional depreciation was not allowable because the ships were not installed in Pakistan. The Appellate Tribunal considered that it is immaterial whether the ships were inst..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......United Province V. Atiqa Begum AIR 1941 F.C. 16; Shri P.C. Mills V. Broach Municipality AIR 1970 S.C. 192; I. N. Saksena V. State of Madhya Pradesh AIR 1976 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (SC) 139; Sudashid Prakush V State of Oiissa AIR 1956 S.C. 432; M/s West Ramn..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......ases of Dr. Hori Ram Singh vs. Emperor, AIR 1939 F-C- 43; and S. Kuppuswami Rao vs. The King, AIR 1949 F.C.I. In this context Mr. Moksudur Rahman also referred to a decision of the Supreme Court of Pakistan in the case of Golzar Hasan Shah vs. Ghulam Murtaza (1970) 22 DLR SC 258 ; PLD 1970 SC 335..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
.... Whereas, in the opinion of the Government, the services of the employees of the Bangladesh Water Development Board, mentioned below are no longer required In the interest of the People's Republic of Bangladesh; Now, therefore, in exercise of powers conferred by Article 6 of ......ce of the Government of Bangladesh or any corporation constituted under any law for the time being in force and every person who on the basis of having at any time been in the service of Pakistan purports to claim any right to employment in the service of the Government. Article 6 read..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... Judgment Aug 14, 1978. Cases Referred To- Raleigh Investment Co. Vs G-G. in Council AIR 1947 (PC) 78; Ravi Paint Colour & Varnish Works Ltd. Vs Federation of Pakistan PID 1954 (Lab) 551; Sargodha Trading Co. AIR 1943 (Lah) 228. Lawyers Involved: ..Category: Fiscal/Taxation Law | Date: | Hits: 85
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......o- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR (AD) 154; Queen Vs. Huggins 1895, I QBD 563; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Ab..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....on before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedings in Prize Suit Nos.1-5 of J965, 6-7 of 1965 and 17-30 of 1965 to the Public Account of the Republic of Bangladesh and for allowing the Government to withdraw the said fund for utilizati......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... it will be appropriate to refer to some other provisions of the Constitution. If we turn to another definition given in the interpretation clause of the Constitution, we find “the Service of the Republic" which means, any service, post or office whether in a civil or military capacity in respec......ction provides that notwithstanding anything in the foregoing provisions of this Chapter (Chapter II Civil Service), the conditions of service of the subordinate ranks of the various police forces in Pakistan shall be such as may be determined by or under the Acts relating to those forces respective..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..............Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC)..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... aspect was given undue importance in giving the decision. 3. What is public purpose? This question has troubled the Courts perpetually. In the case of Abdus Sobhan Shah vs. Province of East Pakistan, 14 D.L.R. 486. It was observed that every grocery which exists in any country serves a pu..Category: Property Law | Date: | Hits: 65
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