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Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....the powers conferred on him by sub-clause (b) of clause (5) of Article 6 of the Laws (Continuance in Force) Order, 1958, the Governor has been pleased to order retirement of Mr. Naziruddin Ahmed, Deputy Magistrate and Deputy Collector now employed as Officer on Special Duty, Home Department ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......istan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Government Press at Tejgaon, Dacca. His case having be......: Zafar-ul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Murzaqullah, (1964) 16 DLR (SC) 16. Lawyers Involved: Faqeer Sahabuddin Ahmed, Additional Attorney-General, instructed by A. S. M. Shamsuzzaman, Advocate-on-Record—For the Appellant. S.R. Pal, S..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. ......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. ......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ...... is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: M. H. Khandakar, Attorney-General, instructed by Abdul Matin Khan Chowdhury, Advocate-on- Record—For the Appellant. Ahm..Category: Others | Date: | Hits: 103
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. ...... 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. ......yments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an ord......siness Rule, she had become entitled to withdraw the whole of her deposit of Rs. 15,000 from the Karachi Stock Exchange still to remain in control of the deposit by reference to rules 44 to 49 of the General Rules and Regulations, These provide that a member of the Stock Exchange who is unable to fu..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. ......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. ...... 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 employment and as such the law o......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
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ce prevailing in the Department. The appellant does not therefore, appear to be responsible for this sum either. 15. The alleged advance of Rs. 1300/- said to have been made to Mr. Rahman Ghani, a Deputy Director of the Department now remains to be considered. The cashier Hamid Hussain stated i......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. ......at the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail Ali A. Rahman, Senior Advocate, Supreme Court, instructed by ......lth and Social Welfare (Labour) on 4-3-59 at 3 p.m. This application was not put up before the Secretary of the Department, but Mr. Karamat Elly, an Assistant Secretary in the Department the Director-General of Manpower to take required immediate action on that application. Accordingly, Mr. Qaiser A..Category: Anti-Corruption Laws | Date: | Hits: 142
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. ......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. ..............Respondent Judgement November 24, 1970. The Income Tax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business trans......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)
.... 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. ...... 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. ......2. Begum Fatima Khatun.......Respondents. Sri Monmotha Nath Kuri ............................Appellant (In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. ...... 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)
....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 ......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 ......, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore th......tta, Advocate-on-record—For the Appellant. Raja Mohammad Anwar, Senior Advocate, instructed by Abdul Karim Sheikh, Advocate-on-Record—For Respondent No. 1. K. M. Bokhari, Assistant Advocate-General (Naeratullah, Advocate, with him) instructed by Ijaz Ali, Advocate-on-Record —For Responde..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. ...... 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. ......ourt Appellate Jurisdiction (Civil) Present: Hamoodur Rahman CJ Muhammad Yaqub Ali J Sajjad Ahmad Jan J Commissioner, Khairpur Division, Khairpur and another..........................Appellants Vs. Ali Sher Sarki.........................ford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen Tin vs. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent—Ex-parte. Civil Appeal No. K-6 of 1969. ..Category: Criminal Law | Date: | Hits: 49
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 ......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 ......J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the Secretary, Ministry of Communications, Government of Pakistan, Karachi and ors.................................................................Respondents Judgment J......intended to compete for the Engineering Supervisors examination of the same department, which was to be held a few days hence, between the 18th to 20th of October, 1943, he requested the Postmaster General, by an application dated the 5th of October, 1943 (Ext. 'E'), for permission to join his off..Category: Employment/Service Law | Date: | Hits: 103
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....espondents applied to the Government of India and to settle down at Calcutta in the State of West Bengal. A Migration Certificate being Ext. 1 was issued to them by the Attache (Migration) to the Deputy High Commission for India in Pakistan at Dacca, permitting the respondents to enter India......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. ...... Present: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J The Advocate-General, Govt. of East Pakistan, Dacca.............................. Appellant Vs. Benoy Bhusan Majumdar and others................................................. Respondents Judgment November 28, ......ry short period to secure their lives with no intention to abandon their Pakistan citizenship or domicile or acquire any Indian citizenship………..(3) Lawyers Involved: Ruhul Islam, Advocate-General, East Pakistan, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Appellant...Category: Criminal Law | Date: | Hits: 59
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....n 1948 and the two respondents occupied the other portion thereof. Both parties applied for transfer of the house, the appellant filed a C.H. form and the respondents filed a N.C.H. Form. 3. The Deputy Settlement Commissioner by his order dated the 21st of October, 1959, held that the house was......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. ...... Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appellant. Vs. Mr. Muzaffar Khan deceased represented by Mst. Habiba Khanum and other legal heirs and others........................................................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
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....n. 2. The plaintiff filed the suit for declaration of title to the suit land by purchase or adverse possession and further that the order dated 6-2-1989 of the Additional Deputy Commissioner, Comilla declaring the suit land as enemy property is illegal and inoperative.......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. ......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002......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. ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....zlul Karim J.- This appeal by leave at the instance of the plaintiff arose to consider the grounds raised by the learned Advocate for the appellant that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Develo...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......nbsp; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. ......he plaintiff arose to consider the grounds raised by the learned Advocate for the appellant that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not reflect any dec..Category: Fiscal/Taxation Law | Date: | Hits: 122
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. ......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. ......it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necess......37 of 1999 arises from the judgment and order passed in WP No. 779 of 1998 and Civil Appeal No. 38 of 1999 arises from those of WP No. 1282 of 1998. Writ Petitioner respondent No.1 Md. Yousuf Haroon, General Manager, Cargo Terminal was retired from service by order dated 22 February 1988 of the appe..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
....ng to interfere……………………..(4) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy Attorney-General with him) instructed by Khatun Advocate-on-Record—For the Petitioner ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......; Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others ……….Respondents Judgment ......this Court has nothing to interfere……………………..(4) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy Attorney-General with him) instructed by Khatun Advocate-on-Record&mdash..Category: Criminal Law | Date: | Hits: 66
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. ......bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs......t may themselves peruse the dairy but it cannot be made a public document………..(7) Lawyers Involved: AF Hassan Ariff, Attorney-General, (Abdur Razzaque, Additional Attorney-General with him) instructed by Md. Ataur Rahman Kha..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
....by Superintendent of Police, Khulna (appellant No. 3) following a departmentally enquiry in respect of 12 charges out of which 7 were found to have been proved. The respondent took an appeal to the Deputy Inspector General of Police, Khulna (Appellant No. 2) and the same was dismissed on 23rd Ap...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......; Abu Sayeed Ahammed J Government of Bangladesh and others. .........................Appellant Vs. Md. Sh......t June 8, 2000. The Police Regulations of Bangladesh, 1940, Regulation 858 Under regulation no 858 (a)(1) Inspector General of Police may remove or dismiss a police officer and under regulation 858 (a)(2) a sub-insp..Category: Administrative Law | Date: | Hits: 116
....utive Engineer of PWD to conduct the eviction work of the unauthorised occupants from the approved land of HBRI given by PWD and Annexure-X being a letter issued by the Executive Engineer, PWD to the Deputy Police Commissioner to depute required number of police force to evict unauthorised occupants...... 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.
......AD) (2002) 111.
......urt to give his testimony as to matters which is not seriously contentious or dispute in kind or nature………………………(27)
Lawyers Involved:
A J Mohammad Ali, Additional Attorney-General, instructed by B Hossain, Advocate-on- Record— For the Appellant (In Civil Appeal Bo. 39 o..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
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