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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. ......he application by the plaintiff in this case for the deposit to be paid into the Court was made on the 22nd February 1962, that is to say, after a period of a year. The Forward Contract rules contain provisions for settlement of forward contracts, which show clearly that these are to be settled eith..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. ......uarantee under Article 177 of the Constitution of 1962 was not available to the respondents. Mr. S. M. Abbas, learned Advocate-on-Record, representing the respondents does not also contend that the provisions of the said Article were attracted in their cases. The only question, therefore, that cal..Category: Employment/Service Law | Date: | Hits: 96
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. ......ed of the appeal in the absence of the appellant, who was on bail, and the failure of his counsel to argue the appeal, and who ultimately withdrew from the case. 4. A reference to the relevant provisions of the Code of Criminal Procedure reveals that they contain a fairly elaborate mechanism ..Category: Criminal Law | Date: | Hits: 78
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. ......ibunal challenging the inclusion of Rs. 2,13,349/- in the total income of the assessee. The contention was that there being no commercial sale of assets, taxable profit did not accrue and as such the provisions of section 10(2) (vii) did not apply. This contention found favour with the Tribunal. The..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... 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. ......e the judgment debtor who is now the appellant before us, filed an objection, under section 47 of the Code of Civil procedure, to the execution of the decree. His contention was that in view of the provisions of 96 of the Motor Vehicles Act, the execution should be levied against the insurer for t..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....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 ......aw or is based upon or enunciates a principle of law is binding on all other Courts in Pakistan and that all Judicial authorities throughout Pakistan shall act in aid of the Supreme Court. If these provisions of the Constitution were given due consideration, we are sure that the second lea..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. ......der pending the disposal of the revision petition though no such power is conferred on the High Court by the Ordinance. In the opinion of the learned Judges, the same power must be implied in the provisions of section 18 which authorised the Commissioner to discharge the person complained agains..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. ...... 8. The learned Judges of the High Court on an examination of decision in the case of Corporation of Calcutta vs. Kumar Arun Chandra Singha and others, 38 CWN 917, which took into consideration the provisions of section 205 of the Calcutta Municipal Act, which also lays down that dues under the Ca..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....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 ......utory Construction 1940 edition at page 399 maybe usefully reproduced to point out the effect of "departmental construction", that is to say, the construction which is placed in practice on the provisions of a statute or rules by the administrative authorities who are charged with the execut..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. ......vides is that a person who has, after the 1st day of March, 1917, migrated from the territories included in Pakistan to the territories included in India, shall not be a citizen of Pakistan under the provisions of sections 3, 4 and 6 of the Pakistan Citizenship Act. Sections 3, 4 and 6 of the Paki..Category: Criminal Law | Date: | Hits: 59
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. ......ther commenced nor held in Dhaka as invoked by the plaintiff, and without the Arbitration proceedings being held and completed, the legal proceedings cannot be commenced or continued as per the provisions made in the contract (Article-19) regarding legal proceedings." 7. Th..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....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. ......interest so to do, retire from service a public servant at any time after he has completed twenty-five years of service without assigning any reason.” There is a clear conflict between these two provisions so far as the retiring authority is concerned. In the former it is the Corporation and in..Category: Employment/Service Law | Date: | Hits: 186
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......on has received so that he unknowingly does not make a statement to a question which might have a tendency to expose him to a criminal charge”. The High Court Division on consideration of the provisions of the Act, particularly provision of section 3 of the Act and the provision of sections..Category: Criminal Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......ovision of the said section of the Ordinance “the discipline matter involving the Inspector of Police or Officers below is concerned the overriding clause squarely bars the application of the provisions of the PRB and provides for steps only under the provisions of the Ordinance. Under the ..Category: Administrative Law | Date: | Hits: 116
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....Counsel for the petitioner, submits that the High Court Division failed to consider that the trial Court committed illegality by framing one charge for murder of two persons which is a violation of mandatory provision of section 233 of CrPC and, as such, impugned judgment and order is liable to b......orted cases referred to by the learned Advocate for the petitioner, we would say that the said decisions l been made in the background of the facts of those cases and that without reflection to the provisions of the sections of CrPC excepted in section 233 Cr.P.C. In the background of the facts o..Category: Criminal Law | Date: | Hits: 76
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......are not barred by either SRA 1860 or any other law, rule or regulation for the time being in force. BRAC was given permission to sponsor BRAC Bank Limited fully in accordance with all the relevant provisions of law. Their further case is that the writ petitioner has failed to identify any single..Category: Constitutional Law | Date: | Hits: 199
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......ncome Tax Act, 1922 (XII of 1922), Sections 10(2)(X) & 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of b..Category: Fiscal/Taxation Law | Date: | Hits: 66
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ly on the basis of which the order of removal dated 05.07.1999 was issued. The plaintiff averred that the issuance of order of removal was not made in accordance with law and being-contrary to the provisions of IFIC Bank Service Rules the same was not maintainable and thus the same required to b..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....ng to the provisions of the Act mentioned hereinbefore. It appears in the present case that the authorities mentioned in section 53 of the Act have acted in clear and gross violation of the various mandatory provisions of sections 7, 22, 23, 25, 36, and 37 of the Act". 17. It has fu...... revisional authority respectively). The said action of the Revenue authority was challenged by the auction purchaser by filing writ petition. The High Court Division on consideration of different provisions of the PDR Act observed "Although the power conferred upon the revisional authoriti..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......legality in the impugned judgment but being confronted to point out any error in the judgment found difficulty to assail the impugned judgment of the High Court Division in view of the provisions of Artha Rin Adalat Ain providing Section 7 of the Artha Rin Adalat Act, 1990 for filing..Category: Banking Law | Date: | Hits: 120