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Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ...... from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......t died thereafter and his heir and widow (respondent in this appeal) was substituted. She contested the suit by filing a written statement denying the contract. The learned Munsif on consideration of evidence led by both the parties dismissed the suit. The appellant preferred an appeal (Title Appeal..

Category: Property Law | Date: | Hits: 64

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. ...... also Reported in: 25 DLR (SC) (1973) 104. ...... findings of the trial Court on the issues that were decided against him. The High Court took the view that the onus of proving issue No. 4 was wrongly placed on the plaintiffs. It also held that the evidence, adduced, which consisted of copies of several mutations and of two Wajibul-Arz for the yea..

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 ...... 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 ......e prayer to consider the contentions raised on behalf of the appellant that, in the facts and circumstances of the case, no criminal liabi­lity attaches to him and further that in the absence of any evidence that the Chairman was deceived by the appellant into paying the money, the conviction under..

Category: Criminal Law | Date: | Hits: 84

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. ...... the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ....................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte d..

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. ......e parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......s. Karnafully Paper Mills Workers' Union and others, one M.A, Rahman, a wor­ker of the Mill was discharged after an enquiry but with a month's salary in lieu of notice. The Tribunal received certain evidence regar­ding the enquiry and came to the conclusion that it was not proper or regular. As to..

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. ......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......xchange, and the practice' of the Stock Exchange was not to refund a member's security deposit, if any other member had an outstanding claim against the first-mentioned member. 2. It was proved in evidence that the defen­dant had notified the Karachi Stock Exchange that she had suspended her bus..

Category: Business or Commercial Law | Date: | Hits: 74

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. ......—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. ......ani. These amounts of Rs. 200/- and Rs. 1.300/-, according to him, were paid as advances to Mr. Zahurul Huq and Mr. Rahman Ghani by the concerned cashiers. 5. After an elaborate examination of the evidence and the relevant materials on record, the learned Special Judge found that there was alread..

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. ......that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......appellant preferred an appeal to the High Court, which, having been duly admitted, was, at first, heard by Mr. Justice Shah Zaman Babar of the Peshawar Bench, who ordered the production of additional evidence for elucidation of certain points, but the appeal could not be concluded by him, as the lea..

Category: Criminal Law | Date: | Hits: 78

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. ......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 ...... 11. As regards the method of computation of damages the High Court while agreeing with the contention of the appellants that the trial Court had not given any basis for its assess­ment upon the evidence on the record, be­cause, under the said note it is neither possible nor necessary to calcu..

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 ......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 ...... Pending the inquiry under Chapter 18 of the Code of Criminal Procedure before a local Magistrate, the respondent No. 1 moved the Additional Sessions Judge for bail on the ground that he had produced evidence of alibi before the Investigating Officer and that there was inordinate delay on the part o..

Category: Criminal Law | Date: | Hits: 96

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. ......nt: Hamoodur Rah­man CJ Abdus Sattar J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repre­sented by his heir Sultamed and ors................ ...Respondent Judgment Nov......e on the mortgaged property, the sale for its dues could be said to be free from all encumbrances and whether the High Court while reversing the decision of the trial Court did not fully consider the evidence with re­gard to the allegation that the mortgagor brought about a collusive and fraudulent..

Category: Banking Law | Date: | Hits: 230

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. ...... 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. ......to settle permanently in India and to acquire Indian citizenship. 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 citize..

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. ......e we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......tlement Commissioner having already found that both the respondents were born in territory now forming part of Pakistan and were, as such, not "displaced persons", it was a finding of fact based upon evidence and the learned judges of the High Court had exceed­ed their jurisdiction in setting aside..

Category: Property Law | Date: | Hits: 61

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ......bsp;                            Syed JR Mudassir Husain J                ......t the High Court Division misdirected itself in holding that both the Courts below found that the plaintiff did not acquire title by adverse possession in that it was not noticed that the material evidence in that behalf was overlooked by both the Courts inasmuch as the same mistake was committe..

Category: Property Law | Date: | Hits: 53

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......54 DLR (AD) (2002) 170.  ......l below on consideration of the materials on record to decide the issue as to whether the cinema hall is to be charged as service industry prior to 1st August 1987 with liberty to parties to adduce evidence in support of their respective case…………(14)   &..

Category: Fiscal/Taxation Law | Date: | Hits: 122

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.  ......DLR (AD) (2002) 151.  ......property. The case diary cannot be considered as a public document. The diary may be looked into by the Investigating Officer, the Public Prosecutor and the Court but the same cannot be used as an evidence or a material. The High Court Division by directing the Investigating Officer to swear an ..

Category: Criminal Law | Date: | Hits: 65

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

....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. ......: 54 DLR (AD) (2002) 146. ......e postmortem examination PW 10 opined that the death was caused due to the injuries found which were ante mortem and homicidal in nature. The defence refused to cross-examine this PW 10 So from the evidence of PWs 9 and 10 it is found that all the injuries were found on the left side of the body...

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ...... Reported in: 54 DLR (AD) (2002) 126.  ......rs of Ilias Miah ultimately sold the said land to the pre-emptee of the respective Miscellaneous Cases on 27 July, 1978.   4. The Court of first instance on consideration of the evidence, both oral and documentary, allowed the prayer for preemption in both the Miscellaneous Ca..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

.... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ......   Present:   Latifur Rahman CJ      BB Roy Chowdhury J   AMM Rahman J   Mahmudul Amin Chowdhury J   Kazi Ebadul Hoque J       &n......a co-sharer to the case land and is not entitled to any preemption.   4. It appears that on the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit the present petitio..

Category: Property Law | Date: | Hits: 49

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

.... 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. ......ppeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ......t March 17, 2002. Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Matter seriously contentiuns in nature requiring adjudication on the basis of evidence of detailed nature is outside the scope of writ jurisdiction as because in the said jurisdi..

Category: Property Law | Date: | Hits: 54