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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. ......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. ......resaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedur..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. ......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. ...... 2. The petitioner's case is that after the case was heard the matter was listed in the day cause list on 18.7.1990 for judgment; that Mr. Justice Kazi Ebadul Hoque, being asked by the presiding Judge Mr. Justice Fazle Hossain Mohammad Habibur Rahman delivered the judgment making the Rule abso..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......t denying the contract. The learned Munsif on consideration of evidence led by both the parties dismissed the suit. The appellant preferred an appeal (Title Appeal No. 36 of 1977) before the District Judge. It was heard by the Subordinate Judge, who by his judgment dated 17th January 1979, decreed t..Category: Property Law | Date: | Hits: 64
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. ......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. ...... raised in the Courts below, it was in the interest of justice considered necessary, when this appeal first came up for hearing beÂfore this court on the 15th of August, 1970, to direct the District Judge of Rahimyar Khan to record evidence on this question and to certify that evidence to this Cour..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......Department made preliminary enquiries and filed F.I.R. and after investigation subÂmitted charge-sheet against the accused perÂsons. The case was tried by an Assistant Sessions Judge and Ex-officio Special Judge of Jessore before whom the appellant was accused of an offence under section 406 of th...... East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198 of 1967.) Judgment Muhammad Abdullah Jabir, J.— This apÂpeal by special leave arises out of a judgment of a Single Judge of the High Court dismissing the appeal preferred by the appellant Lutfar Rahman against his c..Category: Criminal Law | Date: | Hits: 84
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. ......Appeal No. 15-D of 1970. (On apÂpeal from the judgment of the High Court of East Pakistan dated the 23rd January, 1968 in F.A. No. 47 of 1967.) Judgment A. M. Sayem, CJ.— This appeal by Special Leave arises out of a suit by respondent Mr. Naziruddin Ahmed, which was dismissed by the tr......eneÂfits in the shape of leave with pay for the period from the 1st June, 1959 till the 29th NovemÂber, 1959. 5. In his suit, being Title Suit No. 72 of 1964 of the 3rd Court of the Subordinate Judge, Dacca, the plaintiff prayed for a declaraÂtion, inter alia, that the Governor's order retiri..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ntiff. The aforesaid excess work was duly approved by the defenÂdant No. 6 on 15.6.62...and the plaintiff was also verbally informed about the same through by Memo. No. 1533 dated 11.6.62 the Sub-Divisional Officer, C & B...directed the plaintiff to stop earth working in bridge approach....and ......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. ......e defendant No. 1 directed against the judgment and decree of the High Court dismissing the appeal filed by this appelÂlant against the judgment and decree passed ex parte by the learned Subordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for ..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. ...... no such prerogative under clause 12 of the Standing Orders. 4. The appellant preferred an appeal, beÂfore the High Court which dismissed the same after holding the impugned order to be malafide. Special Leave to appeal was granted to consider whether clause 12(1) of the Ordinance confers a prer...... 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. ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant 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. ...... 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. ...... in deposit on her account by the Karachi Stock Exchange Limited. The deposit was described as a forward business deposit. The application was resisted, but on the 7th February 1961, a learned Single Judge of the High Court made an order restraining the defendant:— "from- realising Rs. 15,..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. ......l from the judgment and order of the High Court of East Pakistan, Dacca, dated the 24th January, 1967 in Writ Petition Nos. 234 & 235 of 1964.) Judgment M. R. Khan, J. — These two appeals by Special Leave, at the instance of the Secretary, East Pakistan Industrial Development CorporaÂtion,......f Article 177 did not apply, the principles of natural justice required that they should have been given an opportuÂnity to show cause before their serÂvices were terminated. 3. The learned Judges of the High Court rejected the first two grounds as untenable, but found the other ground to ..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. ......ment were blamed for utilizing the public money in conÂtravention of the financial rules. After the receÂipt of this report, prosecution was launched against the appellant alone in the Court of the Special Judge (Anti-Corruption), Karachi, making the two successive cashiers Hamid Hussain and Abdul......e blamed for utilizing the public money in conÂtravention of the financial rules. After the receÂipt of this report, prosecution was launched against the appellant alone in the Court of the Special Judge (Anti-Corruption), Karachi, making the two successive cashiers Hamid Hussain and Abdul Aziz as..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 canÂcelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......€¦â€¦â€¦â€¦â€¦(6) Lawyer Involved: I. U. Haque, Advocate, instructed 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......J Sajjad AhÂmed Jan J Salahuddin Ahmad J Mohammad Sharif, s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicin..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. ......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. ......y 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 learned Judge returned to Peshawar on the conclusion of his circuit tour. The appeal was then laid before Mr..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. ......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. ....... A. K. Khan Plywood Co., Chittagong................................................Appellant. Vs. The Commission of Income Tax, East Pakistan......................................Respondent Judgement November 24, 1970. The Income Tax Act, 1922, second proviso to s..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. ...... 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. ......, Attorney—For Respondent No.1 (In Civil Appeal No. 73-D of 1966). Ex- parte- Respondent Nos. 2 to 4 (In Civil Appeal No. 73-D of 1966). Civil Appeal Nos. 38-D of 1965 and 73-D of 1966. Judgement Hamoodur Rahman CJ.— Both these apÂpeals arise out of a suit filed by the responÂ..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 ......o. 1. K. M. Bokhari, Assistant Advocate-General (Naeratullah, Advocate, with him) instructed by Ijaz Ali, Advocate-on-Record —For Respondent No. 2. Civil Appeal No. 9 of 1971. In Petition for Special Leave to Appeal No. 226 of 1970. (On appeal from the order of the High Court of Lahore da......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 disregarding the ..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. ...... 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. ......s. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent—Ex-parte. Civil Appeal No. K-6 of 1969. Judgement Muhammad Yaqub Ali J.—The question raised in this appeal by special leave of the..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 restoÂred. 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 restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... Civil Appeal No. 103D of 1968. (On apÂpeal from the judgment and order of the High Court of East Pakistan Dacca dated the 12th August, 1966 in Appeal from original decree No. 216 of 1959). Judgement Abdus Sattar J.—This appeal by special leave, at the insÂtance of the plaintiff, ar..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....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 ...... point of time when selection and appointment of the successful candidates take place to receive the requisite training, as prescribed for the EngiÂneering Supervisors under the rules. The learÂned Judges of the Division Bench have held that the date of reckoning the appellant's status as an "outs..Category: Employment/Service Law | Date: | Hits: 103
The Advocate-GeneÂral, 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. ......Revision No. 375 of 1969), Judgment M. R. Khan, J.— This appeal, by special leave, at the instance of the Advocate-General of East Pakistan, is directed against the order of a learned Single Judge of the High Court of East Pakistan in Criminal Revision No. 375 of 1969 by which he set aside ..Category: Criminal Law | Date: | Hits: 59
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