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

....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......spondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab Ali, Advocate-on-Record-For the Petitioner. AY Mashiuzzaman, Advocate, Supreme Court, instru......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ...... Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another....

Category: Procedural Law | Date: | Hits: 128

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. ......ole heir of Moulvi Aziz to the exclusion of his female heirs since the custom was alleged by the defendant………….(21) Cases Referred 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. Swamina......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. ......4. ..

Category: Civil Law | Date: | Hits: 117

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....appellant was accused of an offence under section 406 of the Penal Code and 3 other persons, namely. Shamsuddin Molla and Ibrahim Biswas who were Chairman and Member of Rokanpur Union Council and one Hazer Ali Biswas, were accused of an offence under section 406/109 of the Penal Code for having ab......xhibit 6 dated 7-8-61 certified by 2 members of the said Union Council and the Chairman of the Council made payment of Rs. 2,400/-. Subsequently on the basis of complaint filed by P.W.8 Mukshed Ali Mondal and P.W.10 Mir Haider Ali that the work of sinking the tube-wells was not properly done......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. ......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. ..

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. ......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..

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 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 Hyder Baksha, Advocate- on-Record—For......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 ..

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

Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

.... 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. ......rtation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... 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. ......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)

....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. ......973) 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. ......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

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. ...... 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. ..

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 ....... 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..

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

Category: Criminal Law | Date: | Hits: 49

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

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 ......all 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..

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

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. ......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

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... Case Referred To- Sultana Jute Mills and others Vs. Agrani Bank and others, 46 DLR (AD) 174. Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... ..

Category: Banking Law | Date: | Hits: 112

.... 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. ......vocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate (Ozair Farooq, Senior Advocate with him), instructed by Nawab Ali, Advocate-on-Record- For Respondent Nos. 3-4. &nb...... 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)

....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. ......the suit land and, as such, relying on the Dhakhila the possession of the plaintiff would not be supported as accordingly dismissed the appeal. 9. In the case of Mir Laik Ali vs. Standard Vacuum Oil Co. reported in 16 DLR (SC) 287 it has been held that: ......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

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......he said recommendation is totally unconnected with and irrelevant to the subject matter of the Divorce Suit……(7) Lawyers Involved: Muhammad Nazrul Islam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner Not Represented — the Respondents. Civil Pe......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ......udul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…..

Category: Family Law | Date: | Hits: 192

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. ......rly to be governed by section 9(2) of the Act and not by the Regulations so far as the retiring authority is concerned. 5. In the case of Bangladesh Jute Research Institute and another vs. Md Ayub Ali and another CP No. 676 of 1996 a similar question came up for consideration before this Court. M......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..

Category: Employment/Service Law | Date: | Hits: 186

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

.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......ibility 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. &...... 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

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