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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. ......respect, is not of any avail to the appellant in this case, as he had chosen to ,be absent from the proceedings in spite of notice, and his learned counsel was there to represent him. 6. The question that squarely falls for determination in the present appeal is whether by not starting the ......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. ..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. ......meaning of the 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 l......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..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. ......ned Advocate appearing in support of this appeal is that both the Courts below have misread and misconstrued the provisions of section 96 of the Motor Vehicles Act, because, thereunder there was no question of making the insurer liable under the decree itself. Its liability under the said section ...... 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..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 ...... 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 courts in Pakistan and all ju......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..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 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 Court is whether the Commissioner of a Divi...... 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. ..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. ......tgage 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 dues cannot be questioned. ……………(9) Cases Referred to- Corporation of Calcutta vs. Kumar Arun Chand......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 ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....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 ......eemed to have taken the examination as a "departmental outside candidate." 5. With all respect, the learned Judges of the Division Bench, in my view, had made an erroneous approach to the case, No question of the appellant's selection or appointment to the cadre of the Engineering Supervisor aros......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 ..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. ......zen of Pakistan, can lose his Pakistan Citizenship. Even otherwise, section 7 is applicable in a case where a person has migrated from Pakistan to India. Whether a person has so migrated is a question of fact which will have to be decided having regard to the facts and circumstances of eac...... 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..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. ...... India with no immediate intention of 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......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..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. ......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. ......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..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. ......t, which must not be less than 30 days on the expiry of which the relevant claim whether principal claim or counterclaim, shall be considered as withdrawn. This does not prevent the party in question from lodging a new claim at a later date." (e) Letter dated 19.2.1990 t......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..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. ......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. ......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..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. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....assed by the High Court Division in Writ Petition Nos. 1282 of 1998 and 779 1998 respectively making both the Rules absolute. Common question of law having been involved in these appeals arising from identical orders of retirement on completion of twenty-five years of service these are being disposa......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 repeat the same. 4. The cardinal question in these appeals is whether the respondents could be retired by the Bangladesh Biman Corpor...... 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 ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......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..Category: Trust/Waqf Law | Date: | Hits: 209
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. ......ions 94 and 160 Cr.P.C. would “have the right to know the nature of information and complaint the Bureau of Anti-Corruption has received so that he unknowingly does not make a statement to a question which might have a tendency to expose him to a criminal charge”. The High Court Divi...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..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. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... 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..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....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. ......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. ...... 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..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. ......s such it is not safe to rely on PW2’s lone evidence to arrive at a finding that he is the husband of Kulsuma. The court of appeal below further observed that trial court did not discuss the question pertaining to Kulsuma Bibi’s and Rahima Bibi’s being the sisters of Ilias Miah......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
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. ......o. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether the order of termination of the respondent passed b......onsequently set aside the order of termination. The case of Bangladesh Bank and others vs. Md Abdul Malek, 46 DLR (AD) I cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The facts of the present case has no manner of application with reporte..Category: Employment/Service Law | Date: | Hits: 75
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