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Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....a Vs. Hadha Mao AIR 1950 PC 25; Mst. Subhani Vs. Howab, AIR 1941 PC 21; Abdur Rahman Vs. Mst. Mathu, ILR 13 Lah. 458; Rani Sundar Vs. Tej Singh, ILR 17 Lah. 346. Lawyers Involved: Mian Md. Shaft, Senior Advocate, (Mian Hidayat Ali Taib, Advocate with him) instructed by M/s. Siddiq & C......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. ......to- Gujadhur Pershad Vs. Two widows of Eman Ali, 2 IA 205: Radha Krishna Das Vs. Raj Krishna Chand, 28 IA 182; Radha Krish­na Ayyar Vs. Swaminatha Ayyar. 48 IA 31; Golam Hassan Vs. Sarfaraz Khan, PLD 1956 (SC) 309; Mst. Shorat Bano Vs. Ismail Dada Adam, 1968 SCMR 574; Sutlej Cotton Mills L......4. ..

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 ......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 ......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 ...... The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of  hi..

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. ......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. ...... case. The plaintiff 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 t......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. ..

Category: Others | Date: | Hits: 103

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

.... 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. ......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..

Category: Employment/Service Law | Date: | Hits: 96

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. ......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. ...... 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 ..

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. ......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. ......This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ion 423 The High Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader especially when the appellant deliberately refrains from appearance and his counsel prays for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: ..

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)

....r of Income-tax, Bihar and Orissa, (3) 48 ITR, 483; Commissioner of In­come-tax Vs. Public Industries P.L.D. 1969, Karachi 606. Lawyers Involved: A. M. Abdullah, Senior Advocate, instructed by Md. Nurul Huq, Advocate-on-Record—For the Appellant. A. W. Choudhury, Advocate, instructed by A......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. ......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..

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. ...... Appellate Jurisdiction (Civil) Present: Hamoodur Rah­man CJ Mu­hammad Yaqub Ali J Sajjad Ahmad Jan J Abdus Sattar J M. R. Khan J Sri Monmotha Nath Kuri ...............................Appellant (In Civil Appeal No.......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. ..

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 ......eported 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..

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. ......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. ......order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......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 November 25, 1970. The B..

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. ......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. ...... 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, ..

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. ......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. ......nt: Hamoodur Rahman CJ Waheeduddin Ahmed J Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appel­lant. Vs. Mr. Muzaffar Khan deceased represen­ted by Mst. Habiba Khanum and other legal    heirs and others...... Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appel­lant. Vs. Mr. Muzaffar Khan deceased represen­ted by Mst. Habiba Khanum and other legal    heirs and others....................................................

Category: Property Law | Date: | Hits: 61

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

....hout any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... 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. ...... 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. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200..

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

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

....   M Reza Chowdhury J                         Md. Fazlul Karim J              &n......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.  ......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..

Category: Property Law | Date: | Hits: 53

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

....walliship…..(8)   Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved:   Sadat Ali Khan, Advocate, instructed by Md. Hossain, Advocate-on-Record—For the Appellant.   S Ahmed, Advocate-on-...... The appeal is therefore allowed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 158.  ......ity of a candidate for the Mutwalliship…..(8)   Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved:   Sadat Ali Khan, Advocate, instructed by Md. Hossain, Advocate-on-Record—For the Appellant.  ......;                     Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents  Judgment   November 15, 200..

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

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

....me Court   Appellate Division   (Civil)   Present:   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hassan J    Bangladesh a...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ......;..(7)    Lawyers Involved:   AF Hassan Ariff, Attorney-General, (Abdur Razzaque, Additional Attorney-General with him) instructed by Md. Ataur Rahman Khan, Advocate-on- Record — For the Petitioners (In both the Civil Petitions).  ......bsp; Present:   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hassan J    Bangladesh and others.…………..Petitioners   Vs. &nbs..

Category: Criminal Law | Date: | Hits: 65

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

....ion   (Civil)   Present:   Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J ......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. ......bsp; Mainur Reza Chowdhury J   Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J   Giasuddin and another…… Petitioners   Vs.   State&..

Category: Criminal Law | Date: | Hits: 47

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

....ppellate Division   (Civil)   Present:   Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J     Md. Ruhul Amin J    Hiran Chandra Dey and anothers &he......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......lip;..(9)    Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record— For the Appellant.   Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record&md......nt:   Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J     Md. Ruhul Amin J    Hiran Chandra Dey and anothers ………………………&hell..

Category: Property Law | Date: | Hits: 55

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

....nbsp;              Kazi Shahjahan (Md) and another…….Petitioners   Vs.   Md. Khalilur RahmanMadbar and others…….…………Respondents&nb...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ......   Mahmudul Amin Chowdhury J   Kazi Ebadul Hoque J               Kazi Shahjahan (Md) and another…….Petitioners   Vs.   Md. Khalilur R..

Category: Property Law | Date: | Hits: 49

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

....   Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md. Shahidullah…………...................................……&h...... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ...... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ......p;                   Bangladesh Road Transport Corporation and another……….. Petitioners   Vs.   Md..

Category: Employment/Service Law | Date: | Hits: 75