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Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
..... 4. Apart from the aforesaid provision, the Constitution in Article 7 provides, amongst others, that the Constitution is the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution, that other law shall, to the ......jesty's Forces. This is true regarding any proceeding under the Army Act. 15. In Md. Nawaz vs. Crown 7 DLR (FC) 253; Mohammad Nawaz along with another brought a matter before the Federal Court of Pakistan for grant of Special Leave to Appeal. He was tried under section 41 of the Army Act read wi..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... under sub-section (1) the tax effect will be more. In the instant case the Wealth Tax officer observed: "The assessee owns all the shares of M/s. Jute Fibers Ltd. and M/s. Pakistan Commodities Ltd., and in view of the reasons stated above the total value of the shares o..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... accrue or arise or are deemed to accrue or arise to him during such year. 8. Explanation 3 to the section is in the following terms:— "A dividend paid within Pakistan by Company formed and registered under the Companies Act, 1913 and having its registered ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... she stated that she got the money from her mother Karimannessa. Kabala Exhibit 1 (a) shows that the consideration money was paid by 3 bank drafts issued from National Bank of Pakistan, Khulna Branch. According to the plaintiff the vendors wanted the consideration money in ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......was neither audited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, successor of the Pakistan Industrial Credit and Investment Corporation (PICIC) the creditor Shilpa Rin Sangstha..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... founded in holding that there is no statutory provision for the Government to enter into the land on the termination or determination of the lease. He says Ordinance XXIV of 1970 East Pakistan Government and Local Authority Lands and Buildings (Recovery of P..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......dent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakistan, hereinafter referred to as ''Burmah Shell". Prior to s..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......respondent a sum of Tk. 46,500/00 within one month from the receipt of the order. 2. Facts are simple. Respondent had deposited demonetised currency notes in pursuance of MLR No. 81 declaring Pakistani currency notes of 500/00 and 100/00 rupee denominations as demonetised notes. The respon..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......nd Lab-P65our Court, Dacca, 28 DLR 160, Railway Men's Store Ltd. vs. Chairman, Labour Court, Chittagong 20 DLR (S.C) 251, Administrator, Omar Sons Ltd. vs. Chairman, First Labour Court 28 DLR 178, Pakistan Tobacco Co. Ltd. 13 D.L.R. (S.C.) 280, A. Robrio, 27 D.L.R. 98, M/s. Nabisco Biscuit and B..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....llip;…... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of 1979). Lawy...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained s..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ...... (Enlargement of Jurisdiction) (Amendment) Act, 1957 (Act No. X of 1957) and was made to take effect retrospectively from the 14th of October, 1955, which was the date on which the High Court of West Pakistan came into being as the new High Court for the integrated Province of West Pakistan and th..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......ditional Attorney-General instructed by S. S. Hoda, Advocate-on-Record —For the Respondent. Criminal Appeal No. 19-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198 of 1967.) Judgment Muham..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....sed by the appointing authority in view of the concluding words of clause (5) of Article 6 of the Laws (Continuance in Force) Order 1958…………..(20) Cases Referred to: Zafar-ul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Murzaqullah, (1964) 16 DLR (S...... 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......Executive Engineer, C & B at present R & H, Road Division, Comilla) for executing and starting work at once as per schedules of the tender. The suit was filed against the erstwhile Province of East Pakistan as defendant No. 1 and five others who are Government servants. 4. The defendants entere..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......to- Karnafully Paper Mills Limited Vs. Karnafully Paper Mills Workers Union, (1961) 13 DLR (SC) 160; Secretary, EPIDC Vs. Md. Serajul Haque 22 DLR) SC) 284; Glaxo Laboratory (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17. Lawyer Involved: Asrarul Husain, Senior Advocate, M. Zahir, Advocate..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......d by A. Aziz, M. Dastagir, Attorneys— For Respondent No. 1. Ex-Parte—For Respondent No. 2. Civil Appeal No. K-16 of 1964. (On appeal from the judgment and order of the High Court, West Pakistan, Karachi Bench, Karachi dated the 28th November, 1962 in Suit No. 4 of 1961.) Judgment ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......espondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employmen..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......dvocate, Supreme Court, instructed by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Criminal Acquittal Appeal No. 451 ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ...... Advocate, with him), instructed by Ijaz Ali, Advocate-on-Record —For the Respondent. Criminal Appeal No. 94 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th June, 1970, in Criminal Appeal No. 281 of 1967.) Judgment: ..Category: Criminal Law | Date: | Hits: 78