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Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....ed Sakhawat Ali, Advocate-on-Record—For Respondents 2 & 3. Ex parte—For Respondents 4, 5 & 7-10 Civil Appeal No. 118 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition No. 758 of 1978). Judgment: ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......n order of the Bangladesh Biman Corporation whereby some employees junior to him were given two years ante-dated seniority. Respondent No. 1 Government of Bangladesh, prepared a comprehensive formula for giving special facilities to the Freedom Fighters and in pursuance thereof the Memorand..

Category: Employment/Service Law | Date: | Hits: 94

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....nts. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sy1het Bench in Civil Revision No. 40 o......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. ......nbsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

..... 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 No. 149 of ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su..

Category: Criminal Law | Date: | Hits: 51

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

.... Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 Civil Petition for leave to appeal No. 371 of 1990 (From the Judgment and order dated 29.8.1990 passed by the High Court Division, Dhaka in Writ Petition No. 1648 of 1989). ......king the Rule absolute in respect of 8 Colleges and discharging the Rule in respect of 6 others. The petitioner filed an application for certified copy of the Judgment on 19.7.1990. On receipt of a notice from Mr. Md. Aftab Hossain, the learned Advocate-on-Record for respondent No. 2, that a pro......oner. AY Mashiuzzaman, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 Civil Petition for leave to appeal No. 371 of 1990 (From the Judgment and order dated 29.8.1990 passed by t..

Category: Procedural Law | Date: | Hits: 128

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

.... Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1989. (From the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from Appella......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. ......elief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is pa..

Category: Property Law | Date: | Hits: 64

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

.... Ex-parte—Respondent No. 1(ii) & 2(i) Civil Appeal No. 52 of 1966. (On appeal from the judgment and order of the High Court of Judicatures, Bahawalpur State at Baghdad-ul-Jadid, dated the 9th April, 1949 in Civil Appeal No. 2 of 1947.) Judgment Hamoodur Rahman,......urt of Baghdad-ul-Jadid ceased to exist. 2. After the transference of the case and the transmission of the record to the Supreme Court of Pakistan by the Commissioner of Bahawalpur Division, notices were issued by the Court on the 31st of March, 1959, to the parties to enter appearance and ......7.) Judgment Hamoodur Rahman, CJ.— This appeal arises out of a judgment of the High Court of Baghdad-ul-Jadid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....Islam, Advocate with him) instructed by A.W. Mallik, Advocate with him —For the Respondent. Civil Appeal No. 15-D of 1970. (On appeal from the judgment of the High Court of East Pakistan dated the 23rd January, 1968 in F.A. No. 47 of 1967.) Judgment A. M. Sayem, CJ.— This appea......se having been referred to a Screening Committee appointed under section 3 of the Public Conduct (Scrutiny) Ordinance, 1959 (Ordinance No III of 1959), the Chairman of the said Committee served a notice on him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action .........................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the legality of such order passed by t..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....te, instructed by Abu Backkar, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2-6. Civil Appeal No. 50-D of 1968. (On appeal from the judgment of the High Court dated 1.2.1967 in F.A. No. 114 of 1966.) Judgment Mahmud Hussain J.—This appeal at the inst......actor, for a sum of about two lacs of rupees, against the Province of East Pakistan. The oral evidence consisted of the solitary statement of the respondent, who merely put in a series of demand notices and postal acknowledgements, as well as his "final bills". He did not even say that these...........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 decree wit..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

....bir Chowdhury, Advocate, instructed by S.S. Huda, Attorney—For the Respondent. Civil Appeal No. 101-D of 1968. On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 17th January, 1968 in Appeal from Original Order No. 60 of 1964.) Judgment Muhamma...... Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1) of the Standing Order the employer is empowered to terminate the employment of a permanent worker by giving him notice or pay in lieu thereof and without giving him any opportunity to show cause against the propo......loyees Union declaring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna News Print Mills Limited, was cha..

Category: Labour and Industrial Law | Date: | Hits: 107

Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)

....eys— For Respondent No. 1. Ex-Parte—For Respondent No. 2. Civil Appeal No. K-16 of 1964. (On appeal from the judgment and order of the High Court, West Pakistan, Karachi Bench, Karachi dated the 28th November, 1962 in Suit No. 4 of 1961.) Judgment Cornelius, CJ.—This appeal a...... 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. ...... Lien on the security 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 ..

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

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

....the Appellant. S. M. Abbas, Advocate-on-Record—For the Respondent. Civil Appeals No. 88-D & 89-D of 1968. (On Appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 24th January, 1967 in Writ Petition Nos. 234 & 235 of 1964.) Judgment M. R. Khan, J......e Corporation terminated the services of both the respondents with immediate effect on the ground that their services were no longer required. They were, however, offered one month's pay in lieu of notice for terminating their services. The respondents, by two separate writ petitions under Article......s 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 of master and servant was applicable to them. Therefore , the respondents were not entitled to any opportunity to show cause against the proposed termi..

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

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

.... by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Criminal Acquittal Appeal No. 451 of 1961.) Judgment M. R. Kh......the cash balance was not actually checked by him. The reasons given by the learned Special Judge arriving at this finding did not receive consideration of the learned Judges. It has already been noticed that on the very date of the appellant's assumption of charge there was a shortage of Rs. ......nancial rules. In view of this practice, it cannot be said that 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 ..

Category: Anti-Corruption Laws | Date: | Hits: 142

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....m), instructed by Ijaz Ali, Advocate-on-Record —For the Respondent. Criminal Appeal No. 94 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th June, 1970, in Criminal Appeal No. 281 of 1967.) Judgment: Sajjad Ahme...... jail petition under section 420, the Court may call for the record of the case, but shall not be bound to do so. Once an appeal survives a summary dismissal, the appellate Court has then to give a notice, under section 420 of the Code, to the appellant or his pleader, and to such officer as the P......h 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: Q. M. Salim, Adv..

Category: Criminal Law | Date: | Hits: 78

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

.... assessed the damages at Rs. 10,000/-. 10. The High Court repelled both these contentions and held that under section 1 of the Fatal Accidents Act the "earning of money by the deceased before the date of his or her death, is not the foundation of an action under the Act.............................. 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 had notice through the Court of brining of the proceedings. Insurance Company having been added as profo......mpensation 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 had notice through t..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

.... Ijaz Ali, Advocate-on-Record —For Respondent No. 2. Civil Appeal No. 9 of 1971. In Petition for Special Leave to Appeal No. 226 of 1970. (On appeal from the order of the High Court of Lahore dated the 28 August, 1970, in Criminal Miscellaneous No. 4605 of 1970). Judgement: Muhammad...... 6. The Court found that the contentions raised by the learned counsel appearing in support of the petition was not without force, but in order to avoid inordinate delay it was directed that notices should issue to the Advocate-General and the respondent No. 1 returnable for the 6th of ......ent 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 the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 ..

Category: Criminal Law | Date: | Hits: 96

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. Civil Appeal No. 103D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan Dacca dated the 12th August, 1966 in Appeal from original decree No. 216 of 1959). Judgement Abdus ......unt by 27.9.1945, he was not liable for further advance, if any, by the plaintiff bank to the defendant No. 1. The defence of defendant No. 4 was that he was not bona fide purchaser for value without notice of any mortgage in the municipal sale and that he made the purchase in the benami of defendan......ovember 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a va..

Category: Banking Law | Date: | Hits: 230

Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)

.....................Respondents Judgment July 9, 1970 Seniority in Government Service Where Service rule provides for promotion as a result of examination, seniority will be counted from the date of selection for the purpose of training and not from the date of training. The entire batch of......llant that training was delayed on account of his initial' rejection in the medical test, and as a result, the respondents got their training and were appointed before him. If has been brought to our notice that the Establishment Division of the Cabinet Secretariat, by its O, M. No, 6/10/55 date...... of Pakistan, Karachi and ors.................................................................Respondents Judgment July 9, 1970 Seniority in Government Service Where Service rule provides for promotion as a result of examination, seniority will be counted from the date of selection for t..

Category: Employment/Service Law | Date: | Hits: 103

The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

....dents 3 and 4—Not Represented. B.K. Chowdhury, Advocate—Amicus curiae. Criminal Appeal No. 20-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 18th August 1970 in Criminal Revision No. 375 of 1969), Judgment M. R. Khan, J.— ......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. ......rtificate did not confer Indian citizenship on the respondents under the Indian Citizenship Act nor did they lose their Pakistan citizenship by their entry into India on the basis of such certificate for a very short period to secure their lives with no intention to abandon their Pakistan citizenshi..

Category: Criminal Law | Date: | Hits: 59

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....by Tanvir Ahmed, Advocate-on-Record—For Respondent No. 1 and 2. Ex-Parte-Respondent No. 3. Civil Appeal No. 33 of 1968 (From the Judgment and order of High Court of West Pakistan, Lahore, dated the 3rd June, 1965 in Writ Petition No. 4/R of 1963) Judgment Salahuddin Ahmed J.— Th......ioner by his order dated the 16th of February, 1961, dismissed the appeal and maintained the impugned order of the Deputy Settlement Commissioner dated the 13th August, 1960, without taking any notice of the appellant's objection that the aforesaid Deputy Settlement Commissioner had no juris......, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous habitation in that part of British India which subsequently formed part of India with no immediate intention of leaving the same but for the reasons given in th..

Category: Property Law | Date: | Hits: 61

.... Ex parte- For Respondent Nos. 1-2, 5-6. Civil Appeal No. 153 of 2002 (From the judgment and order dated 15th May, 2000 passed by the High Court Division in First Misc. Appeal No. 195 of 1993) ...... and the plaintiff also prayed for an order restraining the defendants from committing breach of the same by way of handing over that work to someone other than the plaintiff and on the same date a notice of motion was taken out under Order XXXIX Rules 1 and 2 read with Section 151, C.P.C. for an......te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ..

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

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