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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. ......could be pressed to show as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infirmity inasmuch as in the absence of the contract deed, the measurement books and the accounts in support, of the plaintiff's ......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. ..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. ...... concluding that the deposit had assumed the character of a debt due from the Exchange to Mrs. Purviz Dalai. It is clear that the Exchange cannot be allowed to hold on to the security deposit, in the absence of any power for the purpose derivable from the Rules, and exercisable in the existing cir...... 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. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....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. ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ash on 7-3-58. Again, the statement of cash balance as on 30-4-58 (Ex. 38) admittedly prepared by the cashier Hamid Hussain shows that the cash in hand on the said date was Rs. 842-4-8 as against the total cash balance of Rs. 7,128-9-11. in this regard, Hamid Hussain deposed as follows :— "O...... The regular cash-book of the Department, according to his report, was not verified from 6-1-69 and no entry relating to the cash received or disbursed was made in the cash-book after 13-2-59. In the absence of entries in the regular cash-book, Mr. Farooqui looked into the rough cash-register and so......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. ..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. ...... 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. ..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. ...... October 30, 1970. The Code of Criminal Procedure, 1898 (V of 1898), section 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 app......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. ..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)
....thereof was handed over on the 1st July, 1957. The firm submitted its return for the assessment year 1958-59, which corresponds to the accounting period ending 30th June, 1957. It was assessed to a total income of Rs. 2, 72,955/-. This amount included a sum of Rs. 2,13,349/-, which was deemed to 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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....s or such loss to which the deceased himself would have been entitled if he had been alive. 24. The cause of action given to the dependants mentioned in the said Act is a statutory right and is totally different from the cause of action vested in the deceased at the time of his death. The Act ...... 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. ..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 ......tate and the complaint. Its summary shows that twelve out of forty-one witnesses cited in the calendar have been recorded in 790 days. The delay attributed to the prosecution is 389 days, for the absence of the Presiding Officer or over work 191 days attributable to the accused and the pro......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 ..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. ......(Exh P. Martin, (1879) 4 QB, D. 212: an act which authorises the making of by-laws impliedly authorises the annexation of a reasonable pecuniary penalty for their infringement, recoverable in the absence of other provisions by action or distress (Hail vs. Nixon (1875) L. R. 10 Q.B. 152; and iv) ......ies to the High Court from the order passed by the Tribunal or a Commissioner in a case under sections 4, 13 and 16 on the ground that the Tribunal or the Commissioner appears to have exercised a jurisdiction not vested in it by law, or to have failed to exercise a jurisdiction so vested, or t..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. ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
.... candidates and other members of the staff of the department who were selected as outside candidates and (2) other outside candidates. Seniority in each group will be determined according to the total marks obtained by each at the final examination held on completion of training at the Depar......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 ..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. ..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. ...... interfered in this case with findings of the Settlement Authorities on questions of the fact in its writ jurisdiction. 11. On behalf of the appellant it has been contended before us that in the absence of any appeal or revision from the original order of the Deputy Settlement Commi......ircumstances of each case whether he is a displaced person or not. Such a finding of fact by the Settlement Commissioner based upon irrelevant consideration can be set aside by the High Court in writ jurisdiction…………..(19) Cases Referred to- Mahboob Elahi vs. Chief Settlement Commiss..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ties: The Secretariat draws the attention of the sole arbitrator to article 9.4 of the ICC Arbitration Rules stating that the Terms of Reference becomes effective upon payment of the total advance on costs fixed at US $ 12,000,—, subject to later readjustments, by the partie...... 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. ......osed the above prayer contending, amongst others, that the respondent Nos. 3-6 earlier by filing several applications sought time to file written statement in the suit and thereby submitted to the jurisdiction of the civil court and further in the above application there is also no averment to t..Category: Business or Commercial Law | Date: | Hits: 94
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Court observed that the power to remand to the Courts below is not limited to cases covered by Order XLI rule 23 of the Court of Civil Procedure. A remand may be made even in exercise of inherent jurisdiction under section 151 of the Code of Civil Procedure. 12. In the..Category: Fiscal/Taxation Law | Date: | Hits: 122
....e Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the subject matter before it. (7)
ii) While disposing of the Divorce Su......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. ......age and Divorce in any respect and, as such, the recommendation for enactment of Unified Marriage and Divorce Act for all the citizens by the parliament keeping in pace with the modem time is without jurisdiction being violative of the provision of Article 41 of the Constitution.
5. The responde..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....benefits within 60 days from the date of receipt of the copy of the judgment. High Court Division observed that mentioning of the Act, Regulations and Rules in the impugned orders of retirement shows total non application of mind of the Biman Authority, as it is not known as to which of laws influen...... materials were placed before the Managing Director or that the orders were discriminatory. There is no allegation of any malafide on the part of the appellants in passing the impugned orders. In the absence of any allegation of malafide against the appellants when there is enabling power under Regu......y as the Biman has no authority to retire him under section 9(2) of the said Act and as a public servant he could be retired by the President on behalf of the Biman and, as such, the order is without jurisdiction. No show cause notice was served on him and thus he was deprived of the right to be hea..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. ......te. The High Court Division observed that the Waqf Administrator could make any other person as Mutwalli from outside the category mentioned in the deed in the interest of the Waqf Estate or in the absence of a suitable Mutwalli but as Halima Khatun was a direct descendant of Yakub Ali, the Waqf ...... 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)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ...... 2. The petitioners challenged the respective notices firstly, on the ground that the notice issued under sections 94 and 160 CrPC by the Bureau of Anti-Corruption were illegal, since in the absence of initiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is no...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
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