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Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
...........Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, ...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme......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. ......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. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....Vs. The State………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden......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. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....g, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Gover......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. ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....tion of the present market value of the land, then the purpose of refusing specific performance on the ground of hardship will be defeated. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, (Mohammad Hannan, Advocates with him) instructed by Mohammad Ayub, Advocate-on-Record -For......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Tobarak Ullah .............................Plaintiff-Appellant Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta and another ..............Defendant- Re......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. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....R 1950 PC 25; Mst. Subhani Vs. Howab, AIR 1941 PC 21; Abdur Rahman Vs. Mst. Mathu, ILR 13 Lah. 458; Rani Sundar Vs. Tej Singh, ILR 17 Lah. 346. Lawyers Involved: Mian Md. Shaft, Senior Advocate, (Mian Hidayat Ali Taib, Advocate with him) instructed by M/s. Siddiq & Company, Advocate-o...... Hamoodur Rahman CJ Sajjad Ahmed Jan J Waheeduddin Ahmed J Mst. Qaiser Khatoon and 12 others.....................................................Appellants Vs. Mvi. Abdul Khaliq and others..........................................................R......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. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
.... to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female heirs since the custom was alleged by the defendant………….(21) Lawyers Involved: A. Aziz, Senior Advocate, instructed by B. C. Panday Advocate-on-Record —For the Appeallent. Syed Ishtiaq Ahmed......ase is also Reported in: 25 DLR (SC) (1973) 102 ......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 ......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 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....(1960) 12 DLR (SC) 9; Govt. of East Pakistan Vs. Murzaqullah, (1964) 16 DLR (SC) 16. Lawyers Involved: Faqeer Sahabuddin Ahmed, Additional Attorney-General, instructed by A. S. M. Shamsuzzaman, Advocate-on-Record—For the Appellant. S.R. Pal, Senior Advocate (Kazi Serajul Islam, Advocate w......rt Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J Abdullah Jabir J Bangladesh, substituted in place of Province of East Pakistan................Appellant Vs. Naziruddin Ahmed..................................................................................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. ......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. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....oducing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: M. H. Khandakar, Attorney-General, instructed by Abdul Matin Khan Chowdhury, Advocate-on- Record—For the Appellant. Ahmed Sobhan, Senior Advocate, instructed by Abu Backkar......C) (1973) 90. ......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. ......damental principle of law is that the plaintiff must prove his case and such proof must be to the satisfaction of the Court. 16. The learned Attorney-General on reference to the case of Monmotha Kumar Roy Vs. Josada Lal Poddar and others reported in 28 C.W.N., 300 contended that it is the duty ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... Union, (1961) 13 DLR (SC) 160; Secretary, EPIDC Vs. Md. Serajul Haque 22 DLR) SC) 284; Glaxo Laboratory (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17. Lawyer Involved: Asrarul Husain, Senior Advocate, M. Zahir, Advocate with him, instructed by Aminul Haq, Attorney—For the Appellant. Hu......5. ...... 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. ...... 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 Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....ence 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. Munshi, Advocate, with him) instructed by S. M. Hanif, Attorney—For the Appellan......diction (Civil) Present: A. R. Cornelius CJ M. Yaqub Ali J Abdus Sattar J Karachi Stock Exchange.......................................................................Appellant Vs. 1. Kurban Ali M. Merchant. 2. Purviz Merwanji Dalal........................... Respondent ...... 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. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....nd 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (1960) 12 DLR (SC) 295; Noorul Hasan Vs. federation of Pakistan, (1957) 9 DLR (SC) 47. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Md. Anis, Advocate with him) instructed by Md. M. R. Khan, Advocate-on-Record—For the A...... (1973) 80. ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....inal 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 Hyder Baksha, Advocate- on-Record—For the Appellant. S. ......1973) 73. ......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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
....almost all able bodied family members of a person accused of murder to look after the case, may prejudice the prosecution of the present case………………(6) Lawyer Involved: I. U. Haque, Advocate, instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Record—For the Petitioner. Not re...... Appellate Jurisdiction (Criminal) Present: Muhammad Yaqub Ali J Sajjad Ahmed 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,...... 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. ...... 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)
.... his pleader especially when the appellant deliberately refrains from appearance and his counsel prays 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. ......n (Criminal) Present: Hamoodur Rahman CJ Sajjad 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. ......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. ..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)
....ar Singh Vs. Commissioner of Income-tax, Bihar and Orissa, (3) 48 ITR, 483; Commissioner of Income-tax Vs. Public Industries P.L.D. 1969, Karachi 606. Lawyers Involved: A. M. Abdullah, Senior Advocate, instructed by Md. Nurul Huq, Advocate-on-Record—For the Appellant. A. W. Choudhury, A......ate Jurisdiction (Civil) Present: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J M/s. A. K. Khan Plywood Co., Chittagong................................................Appellant. Vs. The Commission of Income Tax, East Pakistan......................................Respondent ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....filed written statement in the suit but ultimately failed to contest the same, it cannot avoid the liability under the decree………(42 & 43) Lawyers Involved: Mohammad Moinul Haque Advocate, Supreme Court, instructed by S. S. Huda, Attorney— For the Appellant. (In Civil Appeal......b Ali J Sajjad Ahmad Jan J Abdus Sattar J M. R. Khan J Sri Monmotha Nath Kuri ...............................Appellant (In Civil Appeal No. 38-D of 1965.) Vs. 1. Mvi Mohammad Mokhlesur Rahman. 2. Begum Fatima Khatun.......Respondents. ...... 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. ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....r for bail by another Judge of the High Court. ……………(14 & 16) Case Referred to: Farid vs Ghulam Hussain and others PLD 1968 SCMR 924. Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Chatta, Advocate-on-record—For the Appellant. ......Asghar. It could not, therefore, be said that a new circumstance was made to appear which justified the passing of a contradictory order". 15. We fail to see why the rule laid down in Farid Vs. Ghulam Hussain and others which must have been brought to the notice of the learned Judge was no......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 ......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 ..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
..... vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen Tin vs. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent—Ex-parte. Civil Appeal No. K-6 of ...... Present: Hamoodur Rahman CJ Muhammad Yaqub Ali J Sajjad Ahmad Jan J Commissioner, Khairpur Division, Khairpur and another..........................Appellants Vs. Ali Sher Sarki..............................Respondent Judgment September 2...... 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. ..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....Rasik Chandra Chakravarti vs. Jagabandhu Chakravarti and others AIR 1929 Cal. 392; Sital Chandra Majhi vs. Parbati Charan Chakravarti AIR 1922 Cal. 32. Lawyers Involved: Asrarul Hussain, Senior Advocate, instructed by Muhammad Nurul Huq, Advocate-on-Record—For the Appellant. Ahmed Sobhan,......llate Jurisdiction (Civil) Present: Hamoodur Rahman CJ Abdus Sattar 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.................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. ......t 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 Chandra Singha and others 38 CWN 917 ; Rasik Chandra Chakravarti vs. Jagabandhu Chakravar..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....er se will depend on the number of marks obtained by each in the final examination held on the completion of their training……………..(6) Lawyers Involved: Mian Mahmood Ali Qusuri, Senior Advocate (Sh. Rafiq Ahmad, Advocate, with him) instructed by Siddiq & Company, Advocate-on-Record—......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 ......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 ......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
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