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

....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......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. .....................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-F..

Category: Property Law | Date: | Hits: 69

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

....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......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. ......……........Accused-Appeallant Vs. The State………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instru..

Category: Criminal Law | Date: | Hits: 51

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. ......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......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. ......ary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supre..

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. ......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......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. ......q and others..........................................................Respondents Judgment April 9, 1971. 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 A..

Category: Civil Law | Date: | Hits: 117

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

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. .........................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......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. .....................Appellant Vs. Naziruddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having bee..

Category: Administrative Law | Date: | Hits: 106

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. ...........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......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. ......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, instructed by Abdul Matin Khan Chowdhury, A..

Category: Others | Date: | Hits: 103

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

.... 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. ......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...... 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. ...... Limited Vs. Karnafully Paper Mills Workers Union, (1961) 13 DLR (SC) 160; Secretary, EPIDC Vs. Md. Serajul Haque 22 DLR) SC) 284; Glaxo Laboratory (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17. Lawyer Involved: Asrarul Husain, Senior Advocate, M. Zahir, Advocate with him, instructed by Amin..

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

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. ...... 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 ...... 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. ......uld 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 order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A. Munshi, Advocate, with him) instr..

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. ......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......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. ......n was not made by way of penalty……(4, 5 and 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (1960) 12 DLR (SC) 295; Noorul Hasan Vs. federation of Pakistan, (1957) 9 DLR (SC) 47. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Md. Anis, Advocate with him) instructed by M..

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

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. ......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......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. ......its 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, Advocate, instructed by Rana Maqbool Ahmed Qadri, Advocate..

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)

....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. ......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 company, the partners only adopted a different method of carrying on the s......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. ......S. C. 318 (Appl.); Maharajdhiraj Sir Kameshwar Singh Vs. Commissioner of Income-tax, Bihar and Orissa, (3) 48 ITR, 483; Commissioner of Income-tax Vs. Public Industries P.L.D. 1969, Karachi 606. Lawyers Involved: A. M. Abdullah, Senior Advocate, instructed by Md. Nurul Huq, Advocate-on-Recor..

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. ......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...... 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. ......been added as proforma defendant and having filed written statement in the suit but ultimately failed to contest the same, it cannot avoid the liability under the decree………(42 & 43) Lawyers Involved: Mohammad Moinul Haque Advocate, Supreme Court, instructed by S. S. Huda, Att..

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 ......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 ......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 on the question and earlier rejection of prayer for bail by another Judge of the High Court. ……………(14 & 16) Case Referred to: Farid vs Ghulam Hussain and others PLD 1968 SCMR 924. Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Cha..

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. ......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. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen...... 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. ......(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen Tin vs. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent�..

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. ......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......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. ...... Arun Chandra Singha and others 38 CWN 917 ; Rasik Chandra Chakravarti vs. Jagabandhu Chakravarti and others AIR 1929 Cal. 392; Sital Chandra Majhi vs. Parbati Charan Chakravarti AIR 1922 Cal. 32. Lawyers Involved: Asrarul Hussain, Senior Advocate, instructed by Muhammad Nurul Huq, Advocate-on..

Category: Banking Law | Date: | Hits: 230

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. ......, 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......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. ......ent Commissioner, Pakistan PLD 1963 Lah. 214; Mrs. Keays Byrae vs. The Settlement Commissioner Rawalpindi PLD 1963 Lah. 88; Syed Hider Shah vs. Mukhtar Hussain Shah and others PLD 1963 Lah. 548. Lawyers Involved: Aftab Hussain, Senior Advocate, instructed by Wajid Hossain, Advocate on Record..

Category: Property Law | Date: | Hits: 61

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. ......nior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1286 of 2001. (From the judgment and order dated 30-01-2001 passed......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. ...................................... Respondents Judgment July 24, 2002. 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-o..

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. ......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 ...... 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. ......thers vs. Tobarak Hossain, 17 DLR 209, New Bengal Shipping Company vs. Eric Lancaster Stump of Singapore, 1 PLR Dhaka-1; Halcyon Steamship Co. inc. vs. Prov. of E. Pak 26 DLR (SC) 7. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Azizul Huq Advocate with him), instructe..

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. ......e himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the......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. ...... twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by adverse possession……..(17) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sh..

Category: Property Law | Date: | Hits: 53

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. ...... In order to decide material issue concerned in the suit that the order of remand was warranted in the facts and circumstances of the case as the subsequent document produced before the High Court Division has to be admitted on record by the court of appeal below on considera...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Cases Referred to- Ghaznavi vs Allahabad Bank Ltd AIR 1917 Calcutta 44; Surinder Kumar and others vs Gian Chand and others AIR 1957 (SC) 875. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record —For Appellants. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

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