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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. ......—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. ......of Exs. 39 and 40 and representing the advances taken by the respondent himself." 21. It is the prosecution case that the sum of Rs. 1,300/- was given to Mr. Rahman Ghani as advance. So, the question of entertaining any doubt about the insertion of the name of Mr. Rahman Ghani in Ex. 34, do..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. ...... 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. ......ges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......etition is, accordingly dismissed with the caution that the observations made by the learned Judge in the High Court in his order dated the 22nd December, 1970, will not influence in any manner the question of guilt or innocence of the accused persons and that if the respondent No. 1 is committed ..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. ......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. ......that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......respect, is not of any avail to the appellant in this case, as he had chosen to ,be absent from the proceedings in spite of notice, and his learned counsel was there to represent him. 6. The question that squarely falls for determination in the present appeal is whether by not starting the ..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)
....es they held in the firm. The running business of the firm, along with all its assets and liabilities, was sold by the firm to M/s. A. K. Khan Plywood Company Ltd. on the 30th June, 1957 and actual possession thereof was handed over on the 1st July, 1957. The firm submitted its return for the as......viso to section 10(2)(vii) of the Income Tax Act………….(6) Cases Referred to- William Richard Doughty Vs. Commissioner of Taxes A.I.R. 1927, P.C. 76; J. & M. Graig (Kilmarnock) Ltd. Vs. Inland Revenue (1914) S. C. 318 (Appl.); Maharajdhiraj Sir Kameshwar Singh Vs. Commissioner of Income-......ax 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 transaction entered into with the object of earning a profit. By forming a private limited com......meaning of the second proviso to section 10(2) (vii) and that it resulted in a profit of Rs. 2,13,349/- and, as such, the said sum was liable to tax. 3. Leave to appeal was granted to consider the question of law that arises in this case as this is a case of first impression and the question of l..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. ......dent caused by a motor vehicle Insurance Company is liable to pay the decreetal 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 ......ned Advocate appearing in support of this appeal is that both the Courts below have misread and misconstrued the provisions of section 96 of the Motor Vehicles Act, because, thereunder there was no question of making the insurer liable under the decree itself. Its liability under the said section ..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 ......t 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 ...... Sanaullah, 2. The State........................... Respondents Judgment February 15, 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 ju..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. ......Appellants Vs. Ali Sher Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the prese......er Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent—Ex-parte. Civil Appeal No. K-6 of 1969. Judgement Muhammad Yaqub Ali J.—The question raised in this appeal by special leave of the Court is whether the Commissioner of a Divi..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....os. 4 and 5 appeared to be collusive as it was allowed to be decreed exparte without costs. The Municipality did not execute any document of transfer in favour of the purchaser and no ''delivery of possession was given through any legal authority". Lastly it was found that defendant No. 5 is a rel......um of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a contractor and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement ......nt: Hamoodur Rahman CJ Abdus Sattar 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 Nov......tgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the mortgagee to put the property to sale for the realization of dues cannot be questioned. ……………(9) Cases Referred to- Corporation of Calcutta vs. Kumar Arun Chand..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 ......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 ......eported in: 25 DLR (SC) (1973) 28 ......eemed to have taken the examination as a "departmental outside candidate." 5. With all respect, the learned Judges of the Division Bench, in my view, had made an erroneous approach to the case, No question of the appellant's selection or appointment to the cadre of the Engineering Supervisor aros..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. ...... 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. ......zen of Pakistan, can lose his Pakistan Citizenship. Even otherwise, section 7 is applicable in a case where a person has migrated from Pakistan to India. Whether a person has so migrated is a question of fact which will have to be decided having regard to the facts and circumstances of eac..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. ......e we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ...... India with no immediate intention of leaving the same but for the reasons given in the definition of displaced person. In case of persons who have their permanent residence in Pakistan it would be a question of fact to be decided in the facts and circumstances of each case whether he is a displaced..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... 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. ......r as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......t, which must not be less than 30 days on the expiry of which the relevant claim whether principal claim or counterclaim, shall be considered as withdrawn. This does not prevent the party in question from lodging a new claim at a later date." (e) Letter dated 19.2.1990 t..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....lip;..Respondent Judgment March 23, 2002. Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over ......and, as such, the plaintiff is entitled to a declaration of title on the basis of adverse possession. 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 ......bsp; Syed JR Mudassir Husain J ......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
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. ......e is also Reported in: 54 DLR (AD) (2002) 161. ......constrained not to agree. My views would be as under: 3. The facts of the cases have been fully set out in the judgment of my learned brother. It is needless to repeat the same. 4. The cardinal question in these appeals is whether the respondents could be retired by the Bangladesh Biman Corpor..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. ...... 2. The facts of the case, in short, are that one Yakub Ali, maternal grandfather of respondent No.1. Halima Khatun, made a Waqf-e-Lillah, respect of three kanis, ten gondas and two karants of land by a registered Waqfnama on 30 Ashar 1324 BS for the maintenance of a mosque which he establis......; Mainur Reza Chowdhury J ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....ment or other thing as considers necessary or desirable for the purposes of any investigation, or inquiry, under the Code before such officer, upon issuing notice in writing to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce i...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......rt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J ......ions 94 and 160 Cr.P.C. would “have the right to know the nature of information and complaint the Bureau of Anti-Corruption has received so that he unknowingly does not make a statement to a question which might have a tendency to expose him to a criminal charge”. The High Court Divi..Category: Criminal Law | Date: | Hits: 58
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....e-emptee-appellant in the respective appeals opposed the prayer for pre-emption contending inter alia that the land sought to be pre empted originally belonged to Mohiuddin and Ilias Miah came into possession of the land and thereupon land was recorded in his name during the last settlement oper......e respective appellant (pre-emptees) in the respective appeals in respect of the transfer that took place on 27th July, 1978. 2. Pre-emptor’s case, in short is that the land sought to be pre-empted and the land they purchased on 25 March, 1974 along with other land be...... Reported in: 54 DLR (AD) (2002) 126. ......s such it is not safe to rely on PW2’s lone evidence to arrive at a finding that he is the husband of Kulsuma. The court of appeal below further observed that trial court did not discuss the question pertaining to Kulsuma Bibi’s and Rahima Bibi’s being the sisters of Ilias Miah..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......98 discharging the Rule. 2. The short fact leading to this petition is that the opposite party No.1 preemptor filed Miscellaneous Case No. 8 of 1998 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act in the court of the Subordinate Judge, P...... Present: Latifur Rahman CJ BB Roy Chowdhury J AMM Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J &n...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... 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. ...... Rahman CJ Mahmudul Amin Chowdhury J &n......o. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether the order of termination of the respondent passed b..Category: Employment/Service Law | Date: | Hits: 75
....truction of residential accommodation of the Mohazir Members of the Society and thereupon Government allotted 25 acres of land from the land which was earlier acquired by the Government and delivered possession thereof in July, 1952. The Government by a deed of conveyance of October l956 registered ......hereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, by way of providing residential accommodation and in 1952 the Society applied to the Government for allotting lands for the construction of residential accommodation of the Mohazir Members of the Society and th......ppeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... affidavit-in-opposition made the Rule absolute upon observing as follows-
(a) that the petitioner society is the owner by purchase from the Government through registered sale deed of the land in question and these annexures, documents the society is still the owner of the land in question.
..
Category: Property Law | Date: | Hits: 54
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