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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. ......n ex-parte decree on the same date. The order runs thus:— "10.4 65—Plff. files hajira. Defdt. files a petition for time to file W/S. Heard Pleader of the plff. The prayer is rejected in view of the previous order. Defdts. are found absent on call. Hence the suit is taken up for ex par..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. ......7-3-63 and the impugned order of termination of his employment was passed on 8-3-63, on account of which the said order was construed by the High Court as a malafide one. Reliance was placed for this view by the High Court upon the decision in the case of Glaxo Laboratories (Pakistan) Limited, Karac..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. ......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 circumstances. Accordingly, we are of the view that the order of the learned Single Judge directing that the deposit should be paid into the H..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. ......e first two grounds as untenable, but found the other ground to be of substance. According to them, the services of the respondents were terminated by the Corporation by way of penalty and, in that view of the matter, found the respondents to be entitled, on the principles of natural justice, to a..Category: Employment/Service Law | Date: | Hits: 96
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. ......nal Code, 1860 (XLV of 1860), section 409 Criminal Breach of Trust There was a practice in the department to give advances to officers, although it was not warranted by the Financial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a ..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. ......the court to measure such a desire of the complainant when a case is placed before a court for consideration of bail matter. However, looking to the circumstances of the instant case, in my humble view the respondent is entitled to the privilege of bail and I have granted the temporary liberty. ..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. ......or special leave to appeal, we considered that the conviction of the appellant was well-founded, and that there was no scope for interference on merits, but leave was granted to examine whether, in view of the circumstances in which the hearing of this appeal had taken place, the learned Single Ju..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. ......mpany of which they were the only shareholders. Who then made profit and from whom? The fact that the company is a legal person entirely distinct from the partnership firm does not by itself, in my view, point to the conclusion that the partners of the firm made a profit out of the transaction in ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... of construction of Mofassil pleadings, there can be no manner of doubt but the cause of action pleaded was in substance for damages under the Fatal Accidents Act, even though the draftsman had erroneously included therein averments of general damages by way of solatium for the grief and suf...... damages could be claimed. The trial Court, however, repelled this contention holding that the suit was both under the said Act as well as under the general law of torts. Furthermore, it was of the view that in cases of this nature it was not necessary to plead specifically the particulars of th..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... tantamount to countermanding the order of the first learned Judge. 17. In the circumstances, the order granting bail to the respondent No. 1 cannot be sustained on any hypothesis. It is erroneous in law, is based on misconstruction of record and suffers from the impropriety that anothe......ed by the accused persons with regard to an interlocutory order of the Magistrate refusing copies to the accused. The delay cannot, therefore, be exclusively attributed to the prosecution. In view of the fact that the petitioner's name was definitely mentioned as one of the assailants, I am..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. ......er section 18 to the Commissioner Khairpur Division. Simultaneously he applied for interim stay of the order of the Tribunal, but the Commissioner expressed his inability to grant the relief in the view that under section 18 of the Ordinance he was not possessed of the power to stay the execution ..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. ......ge created by defendant No. 1 by deposit of the title deeds. 3. The case of the plaintiff further is that since after the execution of the mortgage in plaintiff's favour the defendant No. 1 with a view to cheat the plaintiff bank brought about a fraudulent, illegal and collusive sale of the mortg..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
...., based on the ground that the appellant's initial seniority at the time of his appointment to the cadre of Engineering Supervisors and his treatment and promotions since then have proceeded on the erroneous assumption that he was an "outside departmental candidate" at the time of his admission on......g other members of the staff of the Department and grouped along with Departmental candidates for the purpose of seniority in the cadre of the Engineering Supervisors. Keeping these points in view, it has been decided by Government that Mr. Nazir Ahmad should be treated as an outside c..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. ......uire Indian citizenship. 4. The prosecution examined 6 witnesses and exhibited some documents including the Migration Certificate (Ext. 1). Relying on this evidence the learned Magistrate took the view that “the accused persons lost their Pakistan citizenship immediately on their migration to I..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. ......he accordingly transferred the entire house to the appellant and rejected the application of the respondents. 4. The respondents thereupon approached the Deputy Settlement Commissioner for a review of his previous order, and the successor Deputy Settlement Commissioner, without having obtaine..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. ...... passed by the Court of Subordinate Judge and Artha Rin Adalat No. 3 as Executing Court, the High Court Division can not entertain an application under section 115 of the Code of Civil Procedure in view of the decision in the case of Sultana Jute Mills and others Vs. Agrani Bank and others repor..Category: Banking Law | Date: | Hits: 112
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. ......ndent Nos. 1 and 2 participating in the above proceeding in which was not at all fair. The High Court Division however allowed the appeal reversing the above order dated 13.06.1939 holding that in view of the principle as laid down in the case of Food Corporation of India and another Vs. Yadav E..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. ......l as the Courts below misread the evidence on record and wrongly held that elements constituting adverse possession are lacking in the case and dismissed the revisional application upon an illegal view that the plaintiff did not acquire title by adverse possession inasmuch as the evidence of def..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. ......l against was passed and more so this document has a positive effect and is required not only to pronounce the judgment but for other substantial cause. 10. We are of the view that the conditions set forth for additional evidence by the Courts below upon remand could b..Category: Fiscal/Taxation Law | Date: | Hits: 122
....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. ......tion in the aforementioned judgment "We recommend that a Unified Marriage and Divorce Act for all the citizens should be enacted by the Parliament keeping in pace with the modem time''.
2. In our view, instead of granting leave to appeal, petitioner’s anxiety reflected in the leave petition wi..
Category: Family Law | Date: | Hits: 192
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