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Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......mprehensive formula for giving special facilities to the Freedom Fighters and in pursuance thereof the Memorandum being No. ED/Sp-II (M)-9/7S-47 (500) dated 18.3.78. was issued. In the instant case the Bangladesh Biman in pursuance of the said Memorandum dated 18.3.78 prepared a revised seni..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....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. ......ration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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. ......me to this Division and obtained leave to appeal from the said judgment and order. Leave was granted to consider whether the High Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. 3. The FIR in the case was..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....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. ......hman J.- The petitioner filed Writ Petition No. 1648 of 1989 in the High Court Division challenging the respondents' recognition Of 14 Homeopathic Colleges. 2. The petitioner's case is that after the case was heard the matter was listed in the day cause list on 18.7.1990 for ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....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. ......wed. 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 ground of hardship of the respondent. if solatium ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....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. ......of West Pakistan came into being as the new High Court for the integrated Province of West PaÂkistan and the High Court of Baghdad-ul-Jadid ceased to exist. 2. After the transference of the case and the transmission of the record to the Supreme Court of Pakistan by the Commissioner of Baha..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....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 ......enÂtence of rigorous imprisonment of one year and a fine of Rs. 2,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appelÂlant, who was a contractor, was that by a resolution dated 22-3-61 Rokanpur ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....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. ......ed as an Officer on Special Duty in the Home Department of the Government of erstÂwhile Province of East Pakistan; and was placed in charge of East Pakistan GovernÂment Press at Tejgaon, Dacca. His case havÂing been referred to a Screening Committee appointed under section 3 of the Public ConÂdu..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....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. ......ud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documen..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... 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. ......ulna News Print Employees Union declaÂring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna News Print Mills..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
.... 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. ......January 1961, she had done no business on the Karachi Stock Exchange. 3. The learned Single Judge of the High Court made a lengthy examination of certain legal questions arising in respect of this case, not only for the decision of the case but in orÂder, as it seems, to explain certain earlier ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....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. ......was not availÂable to the respondents. Mr. S. M. Abbas, learned Advocate-on-Record, representing the respondents does not also contend that the provisions of the said Article were attracted in their cases. The only question, therefore, that calls for determination in these appeals is wheÂther the ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....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. ......ing the appellant of the charges of 'criminal breach of trust' and 'criminal misconduct' were set aside and he was convicted and sentenced for those offences. 2. The salient facts revealed in this case were as follows:— The appellant Sirajul Islam was appointed Superintendent-cum-Drawing and..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be canÂcelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......d Judge of the High Court that it is the normal habit of the complainants in the districts of Punjab to implicate 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: ..Category: Criminal Law | Date: | Hits: 60
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. ......e, with powers under section 30, for an offence under section 326 PPC, and sentenced to seven years R.I. and a fine of Rs. 100.00, or, in default of payment, further three months R.I. The prosecution case against him was that he had thrown acid on Arif Mirza, because of his suspicion about his illic..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. ......t. 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 make any profit or gain so as to bring the case within the mischief of the second proviso to section 10(2)(vii) of the Income Tax Act………â..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. ....... 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 Insurance Company is liable to pay the decreetal am..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 ......petitioner produced evidence of alibi which even according to the police report failed to completely convince the investigating agency about its correctness. No evidence has yet been led in the case. Mr. M. B. Zaman, makes a grieÂvance of the fact that the proceedings have been delayed. Ch. ..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. ...... September 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 a..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 restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... by special leave, at the insÂtance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the deÂfendant No. 2, M. Sekandar Ahmed, who is a contractor and a la..Category: Banking Law | Date: | Hits: 230