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M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ...... Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J M/s. A. K. Khan Plywood Co., Chittagong................................................Appellant. Vs. The Commission of Income Tax, East Pakistan......................................Respondent Judgement November 24, 1970. ......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....nts. The defendant No. 1 denied the allegations of the pla­intiffs and maintained that the plaintiffs had suffered no kind of loss whatsoever by the death of their daughter, who was not an ear­ning member of the family. He even denied that she had died as a result of any rash or negligent act of h......rmitted now to re-assort that claim. As long as that decree stood, the executing court, it was said, bad no power to go behind the decree. 16. On appeal a Division Bench of the High Court of East Pakistan affirmed this view holding that in the circumstances of this case the executing Court could...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....cluding the respondent No. 1 climbed up the roof of the house of the com­plainant appellant and fired   indiscriminately at the womenfolk of the house. The other batch of the accused fired at male members of the household who were lying on cots in the outer courtyard. As a result of the firing fi......J, Chaudhury Muhammad Khan.........................Appellant. vs. 1.  Sanaullah, 2. The State........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or en......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......another..........................Appellants Vs. Ali Sher Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authori...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ase is also Reported in: 25 DLR (SC) (1973) 34. ......ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)

....y. For the purpose of determining the relative seniority in the cadre of Engineering Supervisors of those appointed at any one time, there will be two groups viz. departmental candidates and other members of the staff of the department who were selected as outside candidates and (2) other out­s......ion (Civil) Present: Hamoodur Rah­man CJ Mu­hammad Yaqub Ali J Sajjad Ahmad Jan J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the Sec­retary, Ministry of Commu­nications, Government of Pakistan, Karachi and......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..

Category: Employment/Service Law | Date: | Hits: 103

The Advocate-Gene­ral, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......Reported in: 25 DLR (SC) (1973) 9. ......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..

Category: Criminal Law | Date: | Hits: 59

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......equently formed part of India with no immediate intention of leaving the same but for the reasons given in the definition of displaced person. In case of persons who have their permanent residence in Pakistan it would be a question of fact to be decided in the facts and circumstances of each case wh......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..

Category: Property Law | Date: | Hits: 61

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......at its liability, if any, was that of an agent only. The learned Subordinate Judge having dismissed the application under section 34, the first defendant preferred an appeal. The High Court of East Pakistan dismissed the appeal taking the view that the petition of the second defendants was in ef...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....rector is the Chief Executive of the Corporation and shall exercise such power and perform such functions as may be assigned to him by the Board of Directors of the Biman Corporation of which he is a member or as may be prescribed. Prescribed means under section 2(f) prescribed by rules or regulatio...... service by order dated 24 November 1997 and aggrieved by the same he filed WP No. 1282 of 1998. 12. Case of the respondent Md. Yousuf Haroon, in short, is as follows: That he joined erstwhile Pakistan International Airlines Corporation (in short PIAC) as an Enquiry Assistant in 1965 and afte......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

....be guided in appointing a Mutwalli: “Where there is a vacancy in the office of Mutwalli and the Court is called upon to appoint a Mutwalli , the court will ordinarily appoint a member of the founder’s family in preference to a stranger and a senior member in preference...... The appeal is therefore allowed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 158.  ...... The appeal is therefore allowed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 158.  ..

Category: Trust/Waqf Law | Date: | Hits: 209

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

.... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ..

Category: Criminal Law | Date: | Hits: 65

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....ifferent parts of the body of the deceased. This witness then raised alarm and at this he was threatened with dire consequences by these two condemned prisoners. He further deposed that PW 13 Helal member who was in the same rickshaw jumped out of the same and fled away. He himself also ran away......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..

Category: Criminal Law | Date: | Hits: 47

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... (একটি)। 8. The averments made in the writ petitions in support of the relief sought, in short, are that petition No.1, i.e. respondent No.1 in the appeals, a Co-operative Society, members whereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, b...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....for supply of four units of Rail mounted Quay Gantry Cranes with necessary spare parts and service as per specification of the bidding documents. The Bidder or bidders were required to be of eligible member countries of Asian Development Bank with which Bangladesh has commercial relation. The petiti......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..

Category: Others | Date: | Hits: 130

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....   The Representation of the People Order, 1972, Article 91A   The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committee which was.......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  .......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....at for an agreement to be held unlawful it must be forbidden by law. BRAC is a subscriber to the Memorandum of a banking company. The Memorandum and Articles of Association are a contract allowing members to carry on business in accordance with the provision of the Memorandum and Articles of Ass......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ..

Category: Constitutional Law | Date: | Hits: 199

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ..

Category: Property Law | Date: | Hits: 43

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

....onirunnahar Begum  and others  Vs. Shahed Ali and others reported in (1981) 1 BCR (HCD), 43. 16.  In the reported case in a certificate proceeding property belonging to the member of the Hindu community was sold and after 5 years, as it appears, a tenant of the holding ap......nd then the auction purchaser moved the Board of Revenue but without any success. Thereafter one of the auction purchasers filed Writ Petition No.435 of 1967 before the High Court of the then East Pakistan challenging the aforesaid orders of the Revenue authority setting aside the auction sale. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......ity managed to obtain an order of lease in respect of some portion of the suit land as enemy property. Neither Manitara nor Biraj left this country in 1965 after the promulgation of the Defence of Pakistan Rules, 1965. So the suit property is not enemy property (now vested property). 3. D......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ..

Category: Property Law | Date: | Hits: 51