Search Options
Judgment Advanced Search
Displaying 5081-5100 of 5707 results.
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....t land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Bais......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. ......Commissioner. On local investigation the suit land and the kabuliyat land was found identical and the Advocate Commissioner's report was accepted by the Court without any objection. 5. The trial Court dismissed the suit after finding, on the basis of the khatian Ext. 6, that the plaint's......al is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and got the aforesaid three sale deeds executed by him for a consideration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is a......rks has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder fo......n in he was added as a co‑plaintiff in the said suit. The aforesaid highest bidder of the disputed property Syed Altaf Hossain was added, on his prayer, as a defendant in the said suit by the trial Court but ultimately this Division set aside the said order on 25.8.86 in Civil Appeal No. 2...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
.... 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 his female heirs since the custom was alleged by the de......l Khatoon, and Mst. Sabhai, a sister Mst. Jawahar Khatoon and a daughter Qaiser Khatoon. Mst. Sabhai died two months before the institution of the suit. Hence one of her sons from a previous husband, called Amiruddin, also joined as plaintiff. Another son, Waziruddin, from the same husband who did n......A 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 Ltd. vs. Industrial Court, West Pak., 18 DLR (SC) 154; Daya Ram Vs. Sohel Singh, 1906 Punjab record 390; Abdul Hus......4. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
.... 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 his female heirs since the custom was alleged by the ......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 ...... to a conviction under section 420 of the Penal Code. The sentence of rigorous imprisonment of one year and a fine of Rs. 2,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a c...... 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. Naziruddin Ahmed, 1973, 2 CLC (AD)
.... notice on him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the pl......he case of a finding against the person concerned, with the recommendation provided for in that section be submitted to the authority by which the person concerned was appointed hereinafter called the appointing authority, and that authority shall pass orders thereon according to law." ......ed the 23rd January, 1968 in F.A. No. 47 of 1967.) Judgment A. M. Sayem, CJ.— This appeal by Special Leave arises out of a suit by respondent Mr. Naziruddin Ahmed, which was dismissed by the trial Court but decreed on appeal by a Division Bench of the erstwhile High Court of East Pakistan. ......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..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
.... The plaint is no evidence for the proof of the plaintiff’s 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, instruc......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. ......fferent dates and he filed the suit for the balance amount but there is no bill before the Court to justify the claim. 19. We consider for ends of justice that this case should be remanded to the trial Court for giving opportunity to the parties to prove their respective cases as it would be a h......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
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....lows:— "In cases where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment, shall be treated as compulsory leave either with or without pay as the case may be, when, however, workmen have to be laid ...... 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. ......Newsprint Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under claus......int Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
.................................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 governed b......e bifurcation of the Pakistan Industrial Development Corporation in June, 1962, the services of the said two respondents were transferred to the East Pakistan Development Corporation (hereinafter called the Corporation) and their appointments were duly approved by the Corporation on the pre-......cca, dated the 24th January, 1967 in Writ Petition Nos. 234 & 235 of 1964.) Judgment M. R. Khan, J. — These two appeals by Special Leave, at the instance of the Secretary, East Pakistan Industrial Development Corporation, are from the judgment and order of a Division Bench of the High Cou...... 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)
....58 along with statement Ex. 43, it appeared that there had already been a shortage of Rs. 2,624-2-0 on the date of assumption of charge by the appellant. Hamid Hussain made over charge to his successor cashier Abdul Aziz Syed on 30-4-58. Thereafter, the appellant continued to hold the office of ......nnot be said with certainty if any element of dishonesty was involved in the transaction, although the transaction was highly irregular, the same being against the Financial Rules, and apparently called for departmental action. 19. The learned Judges of the High Court have taken that the appe......J.— This appeal, by special leave, is against the judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, in Criminal Acquittal Appeal No. 451 of 1961 by which the trial court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'crimi......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
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... (Criminal) Present: Muhammad Yaqub Ali J Sajjad Ahmed Jan J Salahuddin Ahmad J Mohammad Sharif, s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. ...... 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. ...........Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Courts should refrain from making obse......ed by Rana Maqbool Ahmed Qadri, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Petition for Special Leave to Appeal No. 40 of 1971. (On appeal from the judgment and order of the High Court of Lahore, dated the 22nd December, 1970, in Criminal Miscellaneous No..Category: Criminal Law | Date: | Hits: 60
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....e parting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the hearing after waiting for some time, with the assistance of the learned counsel for the State. The learned counsel for the ap......es under which it was disposed of are described by him in the last paragraph of the judgment, which reads:— "Before parting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the h......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. ......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)
..... Vs. The Commission of Income Tax, East Pakistan......................................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 c......al income of Rs. 2, 72,955/-. This amount included a sum of Rs. 2,13,349/-, which was deemed to be a profit of the firm under the 2nd proviso to section 10(2) (vii) of the Income Tax Act (hereinafter called the Act). It was found that the original cost of the assets of the firm was Rs. 5,89,316/-, b......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..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....creetal 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 after commencement of proceeding in which judgment is given the Company ...... 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. ...... of the plaintiff died in the manner alleged by them? 4. Is the plaintiff entitled to get any damage, if so, how much? 5. To what relief, if any, is the plaintiff entitled? At the trial the defendant No. 3 did not press its written statement, but on behalf of the other defendants......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
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....f an order passed by the Tribunal pending hearing of the appeal is ancillary to the power conferred upon it by section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf....... 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. ...... 476(1) is set aside, the proceedings under section 476(2) shall also cease. To allow them to proceed would render of no avail an older cancelling an order under section 476(1) and would permit a trial to be brought to a conclusion for proceeding with which it has been ruled that no grounds ......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.....................Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....posal. The said defendant then executed on 11th October, 1944, a security bond and thereby hypothecated all his the then contracts, work orders and bills thereunder for the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect t...... the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect to his properties and also agreed to execute proper documents whenever called upon by the plaintiff bank. In addition to the security bond the defendant also executed on......he had acquired the property free from all encumbrances. His defence further was that there was no equitable mortgage of the property and the property did not belong to defendant No. 1. 5. The trial Court decreed the suit against defendants Nos. 1 and 4 on contest and ex parte against defenda......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)
....India, but never abandoned their Pakistan citizenship, nor did they intend 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 Ma......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. ...... 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
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the dispute upon referring the same to the appropriate arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration wi...... 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. ......on of the Court to the subsisting arbitration agreement between the plaintiff and the 1st defendant and praying that suit may be stayed as provided in Section 34 of the Arbitration Act. The learned trial Judge, though was of the view that the dispute between the parties covered by the arbitratio......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)
....j Lakshmi Devi, who granted settlement by a registered patta dated 29-4-1903 to one Mohesh Chandra Bhattacharjee; that on the death of the said Mahesh Chandra his wife Kala Kaminis Devi and his two sons, Bidhu Bhusan and Narendra Bhattacharjee, sold the same to defendant No.1 by a kabala dated 5......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. ......49 is forged and fabricated; that the plaintiff has no right or possession in the suit land and that the suit is liable to be dismissed. 5. The suit was dismissed by the trial Court and on an appeal the same was affirmed. The High Court Division summarily rejected the ......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....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 Development Board, Dhaka and the same does ......nd remanding the case on the basis of Ext. A wrongly holding that admittedly the defendant classified the Cinema Hall as a commercial investment with effect from 1st august 1987. This finding is uncalled for and not borne out from Ext. A and on that basis wrongly passed the order of remand and t...... commercial establishment under category E in the tariff list of the defendant it charged the plaintiff under rate ‘E’ for the electricity consumption. 4. The trial Court dismissed the suit and on appeal the same was affirmed. In a revision the High Court D......nbsp; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....for the maintenance of a mosque which he established in the waqf property. The waqf deed, inter alia, provided that during his lifetime he would remain Mutwalli and if he died without leaving any son, then among his daughters who was competent to manage the Waqf Estate in accordance with the di......ons over the years in the sub-continent that laid down how the court may be guided in appointing a Mutwalli: “Where there is a vacancy in the office of Mutwalli and the Court is called upon to appoint a Mutwalli , the court will ordinarily appoint a member of the founder&rsqu...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment November 15, 200..Category: Trust/Waqf Law | Date: | Hits: 209
14771476142414231422142114201418141714151414141314121410140914051373136313621359