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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

The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

....peal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......te Jurisdiction (Criminal) Present: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J The Advocate-General, Govt. of East Pakistan, Dacca.............................. Appellant Vs. Benoy Bhusan Majumdar and others................................................. Respondents......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. ......ers Act, 1946 and acquitted them. 2. Admittedly, the respondents were, at the commencement of the Pakistan Citizenship Act, 1951, the citizens of Pakistan. They were permanent residents of village Kumarkhali, P.S. Nazirpur in the district of Bakerganj. 3. The prosecution case was that the res�..

Category: Criminal Law | Date: | Hits: 59

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....214; Mrs. Keays Byrae vs. The Settlement Commissioner Rawalpindi PLD 1963 Lah. 88; Syed Hider Shah vs. Mukhtar Hussain Shah and others PLD 1963 Lah. 548. Lawyers Involved: Aftab Hussain, Senior Advocate, instructed by Wajid Hossain, Advocate on Record—For the Appellant. Abdul Mannan Advoc...... (Civil) Present: Hamoodur Rahman CJ Waheeduddin Ahmed J Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appellant. Vs. Mr. Muzaffar Khan deceased represented by Mst. Habiba Khanum and other legal &nb......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. ......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. ..

Category: Property Law | Date: | Hits: 61

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

.... Judgment July 24, 2002. Case Referred To- Sultana Jute Mills and others Vs. Agrani Bank and others, 46 DLR (AD) 174. Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners Not re......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Bulbul Electric Market and others.........................Petitioners Vs. Rupali Bank Ltd. and another...................................... Respondents Ju......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. ..

Category: Banking Law | Date: | Hits: 112

....Shipping Company vs. Eric Lancaster Stump of Singapore, 1 PLR Dhaka-1; Halcyon Steamship Co. inc. vs. Prov. of E. Pak 26 DLR (SC) 7. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Azizul Huq Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For t......ivil) Present: Md. Ruhul 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.................. Respon...... 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. ...... 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. ..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....s the enemy property, the plaintiff has acquired title by adverse possession……..(17) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Shar(fuddin Chaklader Advocate-on- Record—For the Appellants. ......nbsp; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment ......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. ..

Category: Property Law | Date: | Hits: 53

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....aznavi vs Allahabad Bank Ltd AIR 1917 Calcutta 44; Surinder Kumar and others vs Gian Chand and others AIR 1957 (SC) 875. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record —For Appellants. NH Khandker, Advocate-on-Record......p; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. Madhumita Cinema Ltd., Comilla and ors……..…&hell...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......; Cases Referred to- Ghaznavi vs Allahabad Bank Ltd AIR 1917 Calcutta 44; Surinder Kumar and others vs Gian Chand and others AIR 1957 (SC) 875. Lawyers Inv..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....rce Act for all the citizens’ the said recommendation is totally unconnected with and irrelevant to the subject matter of the Divorce Suit……(7) Lawyers Involved: Muhammad Nazrul Islam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner Not Represented ......d. Ruhul Amin J Md. Fazlul Karim J K M Hasan J Syed J R Mudassir Hussain J Abu Sayeed Ahammed J Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…………………………….……..Respondents J......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. ..

Category: Family Law | Date: | Hits: 192

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

.... When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necessary……..(29) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate (MA Tariq, Advocate with him), instructed by SU Chaklader, Advocate-on-Record—For the App...... Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh Biman Corporation & others …………Appellant Vs. Md. Yousuf Haroon & others ………….Respondents Judgment May 22, 2000. Resu......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

.... a candidate for the Mutwalliship…..(8) Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved: Sadat Ali Khan, Advocate, instructed by Md. Hossain, Advocate-on-Record—For the Appellant. ......bsp; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment ...... 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. ..

Category: Trust/Waqf Law | Date: | Hits: 209

Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)

....hellip;……..(4) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy Attorney-General with him) instructed by Khatun Advocate-on-Record—For the Petitioner Khandker Mahbub Hossain, Senior Ad......p; Bangladesh ……………Petitioner Vs. Md. Naziur Rahman and others ……….Respondents Judgment &nb......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ..

Category: Criminal Law | Date: | Hits: 66

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