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Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....learned counsel should be allowed to regulate the work or the proceedings in the Court, according to their own choice to suit their own convenience. It would certainly be a disservice to the cause of justice if the counsel were not accorded complete independence in the mode of presentation of thei......f the Court itself to discharge its duties diligently and conscientiously, it is impossible to concede that the learned counsel should be allowed to regulate the work or the proceedings in the Court, according to their own choice to suit their own convenience. It would certainly be a disservice to t......Ahmed Jan J M. R. Khan J Wahiduddin Ahmed J Asif Ali, s/o Ahmed Ali................Appellant Vs. The State....................Respondent Judgment October 30, 1970. The Code of Criminal Procedure, 1898 (V of 1898), sec......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)
....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. ...... Vs. The Commission of Income Tax, East Pakistan......................................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 comp......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)
....y of damages (or compensation) in a case of this nature (where the person killed is not as earning member of the family. Under the circumstances of the case, I am inclined to the view that the end of justice would be met if Rs. 10,000/- is allowed to the plaintiffs as damages." Accordingly, a......for damages under the Fatal Accidents Act. The mere contention on the part of the plaintiffs, therefore, to mention this fact in the plaint cannot alter the nature of the suit. There is no substance, accordingly, in this contention of the appellant. 21. The plaint, which has been drafted by a Mo......In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insur......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)
....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 ......ccording to the FIR he was armed with a rifle and was one of the persons who took part in the incident by firing at the women indiscriminately. The petitioner produced evidence of alibi which even according to the police report failed to completely convince the investigating agency about its cor........Appellant. vs. 1. Sanaullah, 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 co......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)
.... dota est, ea qua-que concessa esse videntur, sine quebue jurisdictio explieari non-petuit.'' Inter alia, the following instances are cited under the rule: (i) The Act which empowers justices to require reasons to take an oath as special constables, and give them jurisdiction to i...... 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. ......eptember 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Tribunal pending hearing of the appeal is ancilla......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)
....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. ......llowed in the current account of the defendant No. 1 and he was given financial help whenever necessary. On the 27th September, 1945 the plaintiff demanded further security from defendant No. 1 and accordingly, it is said, the defendant No. 1 executed a fresh security bond on the 27th September, 1......he Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the mortgagee to put the property to sale for the realization of d...... 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
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. ...... test for determining whether a person is a "displaced person". Even the finding of fact was, therefore, based upon irrelevant considerations and was rightly set aside by the High Court. We, accordingly, think that no reasonable ground has been made out to induce us to interfere with the .........................................................Respondents Judgment December 9, 1970. The Displaced Persons (Compensation and Rehabilitation) Act, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous ha......ond revision but their application was dismissed, on the ground that no second revision lay under section 7 of Ordinance No. XIII of 1962 unless the record had been already summoned under the old law before its amendment on 13-1-1962 by Ordinance No. II of 1962. 8. The respondents then file..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... in the suit" and in the prayer portion it was stated "It is therefore prayed that your honour would be pleased to grant an adjournment for filing of written statement in the interest of justice." 10. Thereafter, on 9.7.1962 the defendants filed an application for stay of ......ative the contention that an application made by the 2nd defendant for filing reply to the notice of motion taken out by the plaintiff for interim injunction is a step taken in the proceedings and accordingly granted stay of further proceedings in the suit. The learned 3rd Additional District Ju......hul Amin 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 2......contest, time was asked for by means of this application for contest and not indicative of want of appreciation as to the possible nature of the case and consequent instructions to be given to the lawyer concerned and so by means of this application the defendants submitted to the jurisdiction o..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. ......horida rayoti shotto o dadosh borsher urdhokalbapi onner biruddhe dokhol jonito shotto shabbosto tahate badir dokhol shirotor thakar adesh dite- The plaintiff accordingly led evidence as to the acquisition of title by adverse possession through PW 1 and 2. T...... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by ......r dated 6-3-1969 illegally declared the suit property as enemy property; that the plaintiff by virtue of his purchase and also because of his long possession over the statutory period has acquired lawful right, title and interest in the suit land and hence the suit. 4...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. ......hat if Annexure-A would has been considered by the appellate Court it would clearly establish that Cinema Hall was regarded by the Ministry of Energy and Mineral Resources as a service industry and accordingly, cinema hall was required to pay electricity bill as service industry under category-C ......p; April 8, 2002. The Code 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 ......on making the Rule absolute and sending the case back on remand to the appellate Court for deciding the matter in the light of observation made therein and to dispose of the same in accordance with law. The observation being a direction that the parties should be given opportunity to produce fres..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. ......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. ......High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matter which is totally unconnected with the subject matter before it. (7)
......Divorce Act for all citizens contending the learned Judges of the High Court Division erred in not considering that Islam is a complete code of life of Muslims and that there being clear provision of law relating to marriage and divorce in the Holy Quran as well as in the Hadith which is binding upo..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....2) of the said Act and as a public servant he could be retired by the President of Bangladesh. No notice to show cause was served on him before his retirement in violation of the principle of natural justice. Such deprivation is discriminatory, arbitrary and malafide and violative of Articles 27, 31......11 of the Regulations is only an adoption of the Act in respect of the tenure of service as provided in section 4 of the Act. We have also taken a similar view in CA Nos. 30-33 of 1999. 7. I would accordingly dismiss the appeals. AM Mahmudur Rahman J.- I have had the privilege of going through......ct, 1974 (XII of 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Si...... Servants (Retirement) Act, 1974 is as follows: “The provisions of this Act and the Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, bye-law, instrument or contract or in an..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....ed. The courts below appointed Moulana Abdul Mannan as Mutwalli in place of Halima Khatun in utter violation of this provision and, as such, committed a serious error of law causing miscarriage of justice. 7. From the plain reading of the provision of the waqf deed it is cle...... 7. From the plain reading of the provision of the waqf deed it is clear that the waqif only provided for appointment of Mutwalli from among his three daughters. The appointment of Mutwalli according to the deed was therefore limited to his daughters and did not include other descendants ....... The Waqfs Ordinance, 1962 (I of 1962), Section 51 (i) Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom in which case the custom s......is death there being no son. The waqif did not make any provision for his grand daughter to be Mutwalli of his Waqf Estate and as such, the learned Single Judge of the High Court Division erred in law in making the Rule absolute and declaring the respondent No.1 as Mutwalli of the aforesaid Waqf..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......s that while the detenu was in preventive detention the High Court Division committed illegality in entertaining the petition under section 491 of the Code of Criminal Procedure which application, according to him, is not maintainable. It is also submitted that the High Court Division committed ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere……………………..(4) ...... Court Division issued Rule upon the opposite parties asking them to show cause why the detenu Hussain Muhammad Ershad should not be brought before that Division to be dealt with in accordance with law and at the same time on hearing the learned Advocate of both the sides granted ad interim bail ..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal&h......tions 94 and 160 CrPC by the Bureau of Anti-Corruption were illegal, since in the absence of initiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is not authorised by law to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that powe..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......FM Bahauddin and to submit that report before that Division we find no illegality and wrong in the same. An allegation has been made that this accused/detenu was tortured and the writ petition was accordingly filed and a Rule was issued. In such circumstances we are of the view that the High Cou......nbsp; The Code of Criminal Procedure, 1898 (V of 1898), Section 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfact...... AFM Bahauddin and to submit that report before this Court within seven days.” 4. The learned Attorney General appearing on behalf of the petitioners submits that for maintaining law and order situation of the country the secrecy about the investigation of a case is required to..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....ondemned prisoners are in the death row for quite a long time but the fact remains that their act of commission of murder was premeditated, cold blooded and so brutal that they deserve no mercy and justice demands adequate and proper punishment which has been awarded. Further the deceased and his......rodiya cross-road all on a sudden these two petitioners along with others suddenly appeared in front of the rickshaw being armed with Kiris and ordered the rickshaw puller to stop the rickshaw and accordingly the rickshaw puller had to stop it and immediately thereafter these two petitioners and...... Procedure, 1898 (V of 1898), Section 374 When everything has been proved beyond all reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14) Lawyers Involved: ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..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. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the...... 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have prove..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
....ule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity……… (6) ......s failed to point out any legal infirmity in the judgment of the High Court Division which may call for our interference. 7. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is ......rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity…&h......r for rejection of the application for pre-emption under Order 7 Rule 11 of the Code of Civil Procedure contending inter alia that it did not disclose any cause of action and that it was barred by law. The learned Subordinate Judge on hearing the parties and on perusal of the materials on record..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......000. The Bangladesh Road Transport Corporation Employees (Service) Regulations, 1990, Regulation 55(2) The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory reti...... thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful authority. Cases Referred to- Bangladesh Bank and others..Category: Employment/Service Law | Date: | Hits: 75
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