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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 ...... 'E'), for permission to join his office after the aforesaid competitive examination was over, provided that the delay in joining did not affect his seniority. It was added in the application that in case this request is not acceded to, he should be informed by return of post, so that he should join..

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. ......he 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 res­pondents applied to the Government of India and to settle down at Calcutta in..

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. ......us habitation in that part of British India which subsequently formed part of 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 ..

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. ......jecting the application dated 15-3-2000 filed under Section 151 of the Code of Civil Procedure by the petitioners praying for recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1..

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. ......nd also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration within one year from the date of receipt of the records from the court and also holding that in case of failure the suit shall proceed. 2. The appellant filed the above Money Suit No.1 o..

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.  ......as overlooked by both the Courts inasmuch as the same mistake was committed by the learned Judge himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for ..

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.  ...... 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 Division has to be admitted on recor..

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

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

....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. ......tally unconnected with the-subject matter before it for adjudication and that also has no relevancy in any manner to the subject matter which comes before the court for adjudication as in the instant case the High Court Division has done. It has always been deprecated by the superior court or in oth..

Category: Family Law | Date: | Hits: 192

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

....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. ......at all necessary……..(29) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate (MA Tariq, Advocate with him), instructed by SU Chaklader, Advocate-on-Record—For the Appellants (In both the cases) Hasan Ariff, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Responden..

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.  ......1962),  Section 51   (i) Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom in which case the custom should be followed…….(7)   (ii) The co..

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

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

...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157.  ......ral submits that whether in such a situation the respondent can invoke the provision of section 491 of the Code of Criminal Procedure may be decided by this Division but this is not an appropriate case where this proposition may be decided. This Division will decide this in an appropriate case b..

Category: Criminal Law | Date: | Hits: 66

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. ......   Lawyers Involved:   Syed Ziaul Karim, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner (In both cases).   Not Represented—Respondents (In both the cases)...

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.  ......sp;     April 24, 2002.   The Code of Criminal Procedure, 1898 (V of 1898), Section 172   The case diary is being maintained by the Investigating Officer and legally this cannot be looked into ..

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. ......sp; The Code of Criminal Procedure, 1898 (V of 1898), Section 374 When everything has been proved beyond all reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14)    La..

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.  ...... March 2, 2002.   The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24   Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to ha..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

.... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ......of 1998 discharging the Rule.   2. The short fact leading to this petition is that the opposite party No.1 preemptor filed Miscellaneous Case No. 8 of 1998 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act in the court of the Subordinate Judg..

Category: Property Law | Date: | Hits: 49

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.  ......tions 1990 and that also having failed his service was terminated. As a matter of fact from the materials on record, the learned Judges of the High Court Division correctly held that in the present case it was punishment/dismissal in the garb of termination and consequently set aside the order o..

Category: Employment/Service Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

.... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......ctor or Assistant Sub-Inspector nor shall punishment drill be awarded to any head constable or naik.  A Deputy Inspector-General has similar power except that in the case of removal or dismissal of Inspectors, he shall forward the proceedings to the Inspector-Gener..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ......d nature is outside the scope of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manner on the basis of affidavit evidence except in an exceptional case where a person may be called by the court to give his testimony as to matters which is not seri..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....smissed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ......m was sold in auction and the same was purchased by the superior landlord and that Borodh Kanta Roy took lease of that property by a kabuliat dated 26th January, 1943 (Exhibit A (I). It is also the case of the plaintiff that Balaram’s financial condition was sound and that he did not leave ..

Category: Property Law | Date: | Hits: 47