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Displaying 6341-6360 of 7097 results.
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ange value would be given in exchange of such currency notes. These have become useless pieces of paper. As for Pakistani currency notes of 500 and 100 denominations paragraph 3 of MLR 8.1 has made provision for surrendering the same to the treasuries, commercial banks or designated authorities on......ount. It became a direction on the so-called agent, namely, the bank, and the agent, therefore, is only obliged to pay the amount. There-lease order was made on 11-12-71 and the order by operation of law crated a debt. The released amount became a deposit and the bank became a debtor. The High Court..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....inition of the word 'worker’ as provided in the Ordinance as well as its object, scheme and other provisions. Two decisions which considered the definition of 'worker' and other relevant provisions along with the scheme and object of the Ordinance have already found the existence of su......(hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of 1978 is the employer. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern a..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....e Acquisition and Tenancy (Amendment) Ordinance, 1956 (E.B. Ordinance No. III of 1956) or of any other law making any amendment in the said Act or of the acquisition of any properly made under any provision thereof is challenged or called in question shall abate, and all orders, including o......tion dated 2.4.56 issued under section 3(1) of the East Bengal State Acquisition and Tenancy Act, and so it is directly hit by President's Order No. 90 of 1972, which gives a clear mandate of law that notwithstanding anything contained in any other law for the time being in force, on t..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......t since the appellants of those appeals were employees of the Biman which had a definite public service in view and therefore has a public character, such employees cannot be treated on the basis of law of master and servant. Thereafter the Bangladesh Biman Corporation Employees Service Regulation,..Category: Employment/Service Law | Date: | Hits: 94
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. ......cepted this view, and will generally accept the thak map as correct unless older papers prove it to have been incorrect." 9. It is submitted that the High Court Division erred in law in not at all considering the Wazibul Arz, a document of unquestionable authenticity, giving d..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....d Property which allegedly became abandoned since 1.1.72 and vested in the Government. Article 6 of PO 16 of 1972 provides that any transfer of an abandoned property except in accordance with the provision of the said Order shall be null and void. Therefore, the transfer of the abandoned proper...... was registered in 1959 and he constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
.... The petitioner filed an application for certified copy of the Judgment on 19.7.1990. On receipt of a notice from Mr. Md. Aftab Hossain, the learned Advocate-on-Record for respondent No. 2, that a provisional petition for leave to appeal against the said judgment and order dated 18.7.1990 would ......brother to dictate his judgment in the court on 18th July, 1990 (Wednesday); but I found that my learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....the custom which he seeks to apply, if he fails to do so clause (b) of section 5 of the Punjab Laws Acts applies, and the rule of decision must be the personal law of the parties subject to the other provisions of the clause. It is not sufficient to show that in regard to certain other matters the......had, by a Will executed on the 4th of June, 1921, gifted away all his properties to him and had given only a maintenance allowance to Mst. Wahudul Khatoon; (4) that Mst Sabhai was not the lawfully wedded wife of Moulvi Abdul Aziz; and (5) that Mst. Qaiser Khatoon was not the l..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....the procedure whereof was provided in the Public Conduct (Scrutiny) Ordinance, 1959. He maintained further that the enquiry by the Screening Committee having been ordered under a particular legal provision, namely, clause (3) of the Laws (Continuance in Force) Order, 1958 the principle laid do......d recommendation is clearly outside the jurisdiction of the Ordinance III of 1959 and the rules framed thereunder". Having emphasised further that the "Governor did not make the order under any other law or proceeding" the Division Bench, held that the impugned order of retirement was in excess of..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....cree were lacking in the facts and circumstances of the case and that the learned Judges of the High Court erred in holding that no ground 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 inher......ing in the facts and circumstances of the case and that the learned Judges of the High Court erred in holding that no ground 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 infi..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... 7. According to section 3 of the Ordinance in every Industrial or Commercial establishment conditions of the employment of workmen and other incidental matters shall, subject to the other provisions of this Ordinance, be regulated in accordance with the Standing Orders. The provision of ......accepted on any ground in relation to private employment". 13. Mr. Humayun Kabir Chowdhury, however, contended that the principle laid down in the aforesaid case is no longer applicable as the law relating to the terms of employment of workmen has undergone a change since the judgment in the ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....he application by the plaintiff in this case for the deposit to be paid into the Court was made on the 22nd February 1962, that is to say, after a period of a year. The Forward Contract rules contain provisions for settlement of forward contracts, which show clearly that these are to be settled eith......anuary 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 order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....uarantee under Article 177 of the Constitution of 1962 was not available to the respondents. Mr. S. M. Abbas, learned Advocate-on-Record, representing the respondents does not also contend that the provisions of the said Article were attracted in their cases. The only question, therefore, that cal...... the employment of the Corporation, but were not persons 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 a..Category: Employment/Service Law | Date: | Hits: 96
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ed of the appeal in the absence of the appellant, who was on bail, and the failure of his counsel to argue the appeal, and who ultimately withdrew from the case. 4. A reference to the relevant provisions of the Code of Criminal Procedure reveals that they contain a fairly elaborate mechanism ......for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: Q. M. Salim, Advocate, instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Record—For the Appellant. Dilawar Mahmood, Additional Advocate-General (R.S. Sidhawa, Advocate, with him), instructed by Ijaz ..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)
....ibunal challenging the inclusion of Rs. 2,13,349/- in the total income of the assessee. The contention was that there being no commercial sale of assets, taxable profit did not accrue and as such the provisions of section 10(2) (vii) did not apply. This contention found favour with the Tribunal. The......he 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 law is of gen..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....e the judgment debtor who is now the appellant before us, filed an objection, under section 47 of the Code of Civil procedure, to the execution of the decree. His contention was that in view of the provisions of 96 of the Motor Vehicles Act, the execution should be levied against the insurer for t......of 1855 this was the only ground upon which 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..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... 173 Cr.P.C., having been submitted in the Court of the Inquiry Magistrate and the statements of a number of witnesses recorded by him, section 497(2) Cr. P.C., was not attracted. There is no other provision in law under which a further inquiry could be made by the police. 13. As to the plea of......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 judicial autho..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... as an appellate authority under the West Pakistan (Control of Goondas) Ordinance, 1959, hereinafter referred to as the Ordinance, can suspend the operation of the impugned order without an express provision to that effect in the Ordinance. 2. In pursuance to a complaint lodged by the Polic......in appeal before him. 3. Ali Sher Sarki, respondent, a friend of Pir Abdur Rahim, thereupon filed a Writ Petition in the High Court calling in question the order of the Commissioner as without lawful authority on the contention that the power to grant interim relief was implied in the power..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....eing dead represented by his heir Sultamed and ors................ ...Respondent Judgment November 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 f...... be entitled to claim payment of the mortgage money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deduction directed by law. The object of section 73 is only to protect a mortgagee whose security has been diminished. The..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....vides is that a person who has, after the 1st day of March, 1917, migrated from the territories included in Pakistan to the territories included in India, shall not be a citizen of Pakistan under the provisions of sections 3, 4 and 6 of the Pakistan Citizenship Act. Sections 3, 4 and 6 of the Paki......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
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