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Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... favour of Khulna News Print Employees 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 New......int Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1......s. Karnafully Paper Mills Workers' Union and others, one M.A, Rahman, a worker of the Mill was discharged after an enquiry but with a month's salary in lieu of notice. The Tribunal received certain evidence regarding the enquiry and came to the conclusion that it was not proper or regular. As to..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....he Karachi Stock Exchange in its general dealing with its members. We consider however, that the appropriate course in this case is to confine the examination to the question whether, on the simple facts as they appear in the case, in relation to Mrs. Purviz Dalai, the sum of Rs. 15,000 had in......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......xchange, and the practice' of the Stock Exchange was not to refund a member's security deposit, if any other member had an outstanding claim against the first-mentioned member. 2. It was proved in evidence that the defendant had notified the Karachi Stock Exchange that she had suspended her bus..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....l court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'criminal misconduct' were set aside and he was convicted and sentenced for those offences. 2. The salient facts revealed in this case were as follows:— The appellant Sirajul Islam was appointed Superin......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 ......ani. These amounts of Rs. 200/- and Rs. 1.300/-, according to him, were paid as advances to Mr. Zahurul Huq and Mr. Rahman Ghani by the concerned cashiers. 5. After an elaborate examination of the evidence and the relevant materials on record, the learned Special Judge found that there was alread..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
....ily members of a person who is accused of murder in the crime so that no one is left in the family to look after the case of the accused is too wide a statement. It is for the Courts to decide on the facts and circumstances of each case whether there has been addition of names by the complainant. ......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...... 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. ......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: ......appellant preferred an appeal to the High Court, which, having been duly admitted, was, at first, heard by Mr. Justice Shah Zaman Babar of the Peshawar Bench, who ordered the production of additional evidence for elucidation of certain points, but the appeal could not be concluded by him, as the lea..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)
....emed to be carried on by the assessee in the year in which the sale, exchange, or acquisition, as the case may be, took place." 5. The question that falls for determination is whether, on the facts and circumstances of the present case, it could be said that the partnership firm 'A.K. Khan..............Respondent Judgement November 24, 1970. The Income Tax 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 trans......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)
.... to earn a remuneration which might quickly have been substantial. It was also proved that she was staying in her parental home and from time to time rendered some assistance in the house. On these facts Lord Haldane, L.C. held that there was sufficient material on which damages could be assesse......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. ...... 11. As regards the method of computation of damages the High Court while agreeing with the contention of the appellants that the trial Court had not given any basis for its assessment upon the evidence on the record, because, under the said note it is neither possible nor necessary to calcu..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....olice Officers. He urged that though the petitioner was challenged, but there is evidence on the record to show that the case of the petitioner is covered by section 497(2) Cr.P.C. From the facts tabulated above, it is obvious that the delay in this case was occasioned by the absence of t......, 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...... Pending the inquiry under Chapter 18 of the Code of Criminal Procedure before a local Magistrate, the respondent No. 1 moved the Additional Sessions Judge for bail on the ground that he had produced evidence of alibi before the Investigating Officer and that there was inordinate delay on the part o..Category: Criminal Law | Date: | Hits: 96
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ver vest in defendant No. 4 and remained with the defendant No. 1 as the entire sale was a collusive transaction. In arriving at this finding the learned Judge took into consideration a number of facts and circumstances. It was found that the property was worth Rs. 15000/- when, it was sold for ......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......e on the mortgaged property, the sale for its dues could be said to be free from all encumbrances and whether the High Court while reversing the decision of the trial Court did not fully consider the evidence with regard to the allegation that the mortgagor brought about a collusive and fraudulent..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
.... for a temporary period in order to protect their lives and that with a month or two after their entry into India they returned to their original home in East Pakistan under a border slip. On these facts, the learned Judge took the view that the respondents, who were admittedly Pakistan citizens b...... 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, ......to settle permanently in India and to acquire 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 citize..Category: Criminal Law | Date: | Hits: 59
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....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 person or not. Such a finding of fact...... Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appellant. Vs. Mr. Muzaffar Khan deceased represented by Mst. Habiba Khanum and other legal heirs and others........................................................tlement Commissioner having already found that both the respondents were born in territory now forming part of Pakistan and were, as such, not "displaced persons", it was a finding of fact based upon evidence and the learned judges of the High Court had exceeded their jurisdiction in setting aside..Category: Property Law | Date: | Hits: 61
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....ver Section 7 of the said Ain provides that any person aggrieved by judgment and decree passed by the Artha Rin Adalat may file an appeal to the High Court Division. 7. Having regard to the facts and circumstances of the case and in view of the above cited decision, we are in full agreeme...... ......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
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....such it can not be said that the respondent Nos. 3-6 acquiesced to the continuation of the proceeding of the suit before filing of the Bengali version of the plaint and on the other hand the above facts indicate that the respondent Nos. 3-6 had no prior knowledge about the arbitration proceeding......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......n respect of the Arbitration. But inspite of the readiness and willingness of the defendants regarding the Arbitration, the Arbitration never commenced at Dhaka due to failure of the plaintiff as evidenced from letter dated 9.8.1991 of ICC addressed to the learned lawyer of the plaintiff Messe..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....se of Abdul Jalil Miah vs. Niropama Ritchil reported in 49 DLR (AD) 61: "As to the second and the most vital aspect of the case, namely, title by adverse possession, a few facts may not be lost sight of. Adverse possession implies that it had commenced in wrong and is m......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002......t the High Court Division misdirected itself in holding that both the Courts below found that the plaintiff did not acquire title by adverse possession in that it was not noticed that the material evidence in that behalf was overlooked by both the Courts inasmuch as the same mistake was committe..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....of Civil Procedure, 1908 (V of 1908), Section 107 & Order XLI rule 27 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 Divis......nbsp; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. ......l below on consideration of the materials on record to decide the issue as to whether the cinema hall is to be charged as service industry prior to 1st August 1987 with liberty to parties to adduce evidence in support of their respective case…………(14) &..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... Bikash Roy Choudhury J.- I have gone through the judgment proposed to be delivered by my learned brother Kazi Ebadul Hoque, J and I am 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 ......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......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. ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....vision has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in respect of appointment of Mutwalli of Waqf Estate. 2. The facts of the case, in short, are that one Yakub Ali, maternal grandfather of respondent No.1. Hali......; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment November 15, 200...... 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
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... the Cantonment and, if so, under whose order or authority. For the above reasons respondent No. 5 the investigation officer is directed to submit a statement by swearing an affidavit stating the facts as to where accused AFM Bahauddin Nasim was kept during the above period of seven days. Wh......bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs......property. The case diary cannot be considered as a public document. The diary may be looked into by the Investigating Officer, the Public Prosecutor and the Court but the same cannot be used as an evidence or a material. The High Court Division by directing the Investigating Officer to swear an ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
.... 5 these condemned prisoners have been implicated but though the prosecution witnesses particularly PW 5 have been cross-examined but none of them supported the defence version of the case and the facts and circumstances and the materials on record indicate that the suggestions were merely sugge......bsp; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State&......e postmortem examination PW 10 opined that the death was caused due to the injuries found which were ante mortem and homicidal in nature. The defence refused to cross-examine this PW 10 So from the evidence of PWs 9 and 10 it is found that all the injuries were found on the left side of the body...Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......nt: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Hiran Chandra Dey and anothers ………………………&hell......rs of Ilias Miah ultimately sold the said land to the pre-emptee of the respective Miscellaneous Cases on 27 July, 1978. 4. The Court of first instance on consideration of the evidence, both oral and documentary, allowed the prayer for preemption in both the Miscellaneous Ca..Category: Property Law | Date: | Hits: 55
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