Search Options
Judgment Advanced Search
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
..... The next contention veers around the absence of any rules prescribing the manner of convening a special meeting of the Parishad for considering a motion of no-confidence to be passed against the persons mentioned in section 13. Apart from the submissions of the learned Counsel for the appellan......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......wed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....the Presiding Officer is required to seal all papers connected with the election and put them in separate packets and shall thereafter obtain the signature of the contesting candidates as their persons or polling agents on the sealed packets. The Presiding Officers shall prepare the bal...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......lowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....been denied due process of law in proceedings leading to their convictions. The District Court after satisfying itself that the Courts Martial which tried, the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence which the prisoners received, dis......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....in any ship and (c) Any claim in tort in respect of goods carried in any ship. 11. It will be noted that section 5(1) omitted the words "owner or assignee of a bill of lading" who were the only persons who could sue under section 6 of the Act, 1861. Section 5 of the 1920 Act was wider than sec......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......ence of the caused. Thus the loss of a ship by collision due to the other vessel's sole fault, may force the ship owner into bankruptcy and that again may involve his family in suffering, loss of education or opportunities in life but no such loss could be recovered from the wrong doer. In the v..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....land under section 20 of the State Acquisition and Tenancy Act. The S.D.-S.O. should finalise the case and the R C O. should correct the record accordingly and prepare compensation for the persons concerned." Drawing our attention to the area marked red i......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ...... made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....ate was well founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil sui......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......al Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....ect of the total income of the previous year of any person (sec.3). "Person'' has been defined in section 2(9) which includes an individual, a Hindu undivided family, a firm, an association of persons or a body of individuals, whether incorporated or not, a company, Government of Province, ......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. ......he affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....I.R.O. a question was raised at the Bar that the definition of worker'as given in the former statutes being narrower in scope than that as provided under the latter statute, a large number of persons being unable to maintain application under section 25 of the Standing Orders Act on account......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. ......gly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ot;Since both PWs 2 and 3 are unsummoned witnesses and they appear to be related to the plaintiff it is very difficult to rely on them as regards possession of the suit land along with 55 other persons. Even if it is assumed for the sake of argument that the plaintiffs are in possession of t......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......appeal is dismissed. No costs. Ed. ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ibit D/19) which was entered on the 20th of July, 1919 and this shows that on the death of one, Qadir Bakhsh, without any issue, the name of his widow Mst. Aizan was recorded as his heir. All these persons belonged to the same tribe as the deceased Moulvi Abdul Aziz. 28. The defendants had, in......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. ...... also Reported in: 25 DLR (SC) (1973) 104. ......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. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....ersons. The case was tried by an Assistant Sessions Judge and Ex-officio Special Judge of Jessore before whom the appellant was accused of an offence under section 406 of the Penal Code and 3 other persons, namely. Shamsuddin Molla and Ibrahim Biswas who were Chairman and Member of Rokanpur Union ......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 ...... 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 ......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 ..Category: Criminal Law | Date: | Hits: 84
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....e deposit was held "under certain Rules for the payment of the claims of other members" of the Karachi Stock Exchange and therefore did not constitute a debt due to the defendant secondly, that two persons had put in claims' against defendant to the Stock Exchange which were under investigation,...... 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. ......y deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction sinc...... 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. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....que.............................Respondent 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 governe......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. ......R. Khan J Secretary, EPIDC, Dacca........................Appellant. Vs. Md. Serajul Hoque.............................Respondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not perso......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. ..Category: Employment/Service Law | Date: | Hits: 96
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
....or cancellation of bail did not find favour with the learned Judge and he dismissed the application with the following observations:— "In this part of the country it is normal habit of the persons on the complainant side in the Districts of Punjab to implicate almost all the able-bodied ...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......ges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..Category: Criminal Law | Date: | Hits: 60
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... special contract such as a passenger's ticket under conditions prohibiting any claim for damages for injury, or by accord and satisfaction, or by the operation of some statutory provision then the persons named in the statute would not also be able to maintain an action. 26. It is also ofte...... to the estate, the action may be brought by quite different persons such as creditors, legatees or other beneficiaries although ordinarily the dependents of the deceased will also be the persons interested in the assets of the deceased. In such event both the causes of action may well be combin......dent caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or ......peculative possibility." Thus parents may recover for the loss of the probability that the deceased child would have contributed towards their maintenance and children may recover for the loss of education, comfort and position in society which they would have enjoyed if the father had lived and..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....he High Court of Lahore dated the 28 August, 1970, in Criminal Miscellaneous No. 4605 of 1970). Judgement: Muhammad Yaqub Ali J.—The respondent No. 1 is charged along with 19 other accused persons under sections 302, 307 read with sections 148 and 149 PPC. According to the FIR, the accu......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 ......t 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 ......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)
.... (i) The Act which empowers justices to require reasons to take an oath as special constables, and give them jurisdiction to inquire into an offence, impliedly empowered them to apprehend the persons who unlawfully failed to attend before them for those purposes. Otherwise, the jurisdictio...... 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. ......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 authority (the Commissioner in the prese...... 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
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
.... who are appointed at any one time after the examination, categories 1 and 2 are grouped together, and this group is given seniority over the second category of the second group consisting of persons appointed as "other outside candidates". It is not denied that in the matter of his seniorit......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 ......eported in: 25 DLR (SC) (1973) 28 ......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)
.... 4. The prosecution examined 6 witnesses and exhibited some documents including the Migration Certificate (Ext. 1). Relying on this evidence the learned Magistrate took the view that “the accused persons lost their Pakistan citizenship immediately on their migration to India and they are very mu......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. ...... 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. ......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)
....ation in that part of British India which subsequently 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 ......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. ......e we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......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