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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....91. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. ......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. ......ed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dhaka for quashing of the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21 May 1989, summarily rejected the said application whereupon the appellant came to th......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)
.... 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, Government of Banglad......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. ......by Md. Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 Civil Petition for leave to appeal No. 371 of 1990 (From the Judgment and order dated 29.8.1990 passed by the High Court Division, Dhaka in Writ Petition No. 1648 of 1989).......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)
....arch 15, 1990. Result: The appeal is allowed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the gro......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. ......Matin, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1989. (From the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from A......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)
....n 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. ...... 1 (1), (iii). (iv) & (v). Not represented—Respondent No. 1(iv). Ex-parte—Respondent No. 1(ii) & 2(i) Civil Appeal No. 52 of 1966. (On appeal from the judgment and order of the High Court of Judicatures, Bahawalpur State at Baghdad-ul-Jadid, dated the 9th April, 1......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)
....inal Appeal No. 19-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198 of 1967.) Judgment Muhammad Abdullah Jabir, J.— This appeal by special leave arises out of a judgment of a Single Judge o......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 ......llent. Syed Ishtiaq Ahmed, Additional Attorney-General instructed by S. S. Hoda, Advocate-on-Record —For the Respondent. Criminal Appeal No. 19-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198......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)
.... 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. ................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning......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)
....rder as to cost. Ed. This Case is also Reported: 25 DLR (SC) (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. ......11.11.64 and prayed for time to file written statement. Thereafter on 27.3.65 the defendants filed a petition for time to file written statement and the learned Subordinate Judge passed the following order:— "27.3.65.—Plff. files hajira. Defendants file petition for time to file W. S. Hea......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. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
..... 101-D of 1968. On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 17th January, 1968 in Appeal from Original Order No. 60 of 1964.) Judgment Muhammad Abdullah Jabir J.— This appeal by special leave was filed by Khulna News Print Mills Limited wh...... 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. ...... Haq, Attorney—For the Appellant. Humayun Kabir Chowdhury, Advocate, instructed by S.S. Huda, Attorney—For the Respondent. Civil Appeal No. 101-D of 1968. On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 17th January, 1968 in Appeal from Origina...... 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)
....urity deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction ...... 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. ......ade in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an order of attachme...... 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)
....nt was applicable to them. Therefore , the respondents were not entitled to any opportunity to show cause against the proposed termination simpliciter of their services where the termination was not made by way of penalty……(4, 5 and 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (......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. ......cted by Md. M. R. Khan, Advocate-on-Record—For the Appellant. S. M. Abbas, Advocate-on-Record—For the Respondent. Civil Appeals No. 88-D & 89-D of 1968. (On Appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 24th January, 1967 in Writ Petition Nos. ......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)
....med 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. ......ellant. S. Murtaza Hussain, Advocate, Supreme Court, instructed by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Cr......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)
....r 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. ......y 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 of Lahore, dated the 22nd December, 1970, in Criminal Miscellaneous No. 85...... 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)
....ismissed. 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. ......dvocate-General (R.S. Sidhawa, Advocate, with him), instructed by Ijaz Ali, Advocate-on-Record —For the Respondent. Criminal Appeal No. 94 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th June, 1970, in Criminal Appeal No. ......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)
.... company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited company, the partners only adopted a different method of carrying on the same business and as such the assessee firm did not ma......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. ......the Appellant. A. W. Choudhury, Advocate, instructed by Abdul Matin Khan Choudhury, Advocate-on- Record—For the Respondent. Civil Appeal No. 55-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 10th December, 1965, in Reference Case ......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)
.... 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. ......is appeal is accordingly, dismissed but having regard to the fact that the points of law raised in this case were not only of an unusual and intricate nature but also of first impression we make no order as to costs. 39. With regard to Civil Appeal No. 73-D of 1966 it is not necessary to reite...... 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)
....ondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......cellaneous No. 460 of 1970 in the High Court reiterating the grounds which has earlier not found favour with a learned Judge. 5. Another learned Single Judge who dealt with this petition allowed interim bail to the respondent No. 1 on 31st July, 1970 in spite of the objections raised by the cou...... 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 dated the 28 August, 1970, in Criminal Miscellaneous No. 4605 of......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)
....costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......ts of Pir Abdur Rahim for a period of one year to the municipal limits of Sukkur against which he filed an appeal under section 18 to the Commissioner Khairpur Division. Simultaneously he applied for interim stay of the order of the Tribunal, but the Commissioner expressed his inability to grant t...... 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 ancillary to the power conferred upon ...... 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)
....ion (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................ ...Respon......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. ......Advocate, instructed by Abu Bakkar, Advocate-on-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. Civil Appeal No. 103D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan Dacca dated the 12th August, 1966 in Appeal from original d......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. ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
.... 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 ......pellant. Ismail Bhutti, Senior Advocate, instructed by Iftikharuddin Ahmed, Advocate-on-Record—For Respondent Nos. 1 to 12. Civil Appeal No. 30 of 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 20th October, 1966, in Writ Petition No.......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)
....under section 14 of the Foreigners Act, 1946. They were tried by Mr. P.R. Dutta Chowdhury, a Magistrate of the 1st Class, Pirojpur, for an offence under section 14 of the said Act. The respondents pleaded not guilty to the charge and took the defence that due to communal disturbances in certain plac......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. ......n-Record—For Respondent Nos. 1 and 2. Respondents 3 and 4—Not Represented. B.K. Chowdhury, Advocate—Amicus curiae. Criminal Appeal No. 20-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 18th August 1970 in Criminal Revision No.......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. ..Category: Criminal Law | Date: | Hits: 59
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