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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... Court decree against him in P.S. No. 70 of 1972 for recovery of her share in the paternal property covering an area of over 17 acres but was resisted by him; accused Shah Alam being a local U.P. member was approached by Nurjahan with a request for help; she and her husband came to his house for......rch 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgme...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....ee are managing the business and defendant No. 3 is the Managing Director. 14. A partnership is defined in the Partnership Act as a corporate body because it has no existence separate from its member. Mr. Khondker Mahbubuddin Ahmed pointed out that this is a partnership business. It is the ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....e Returning Officer declared the appellant to have been elected as the Chairman. When the papers were sent to the Election Commission for the purpose of publication of the names of the Chairman and members in the Official Gazette, respondent No. 1 filed an application before the Election Commissio.............(15 & 16) Cases Referred to— Bhairulal Chunilal Vs. State of Bombay, AIR 1954 Bombay 116; Sukedeo Narayan V. Mahadevananda, AIR 1961 Patna 475; Farzand Ali Vs. Province of West Pakistan, PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque, 40 DLR (AD) 10; University of Mysor...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ver clearly intention to kill could be proved in his case". 13. After referring to the Mahbub Shah Vs. The King Emperor AIR 1945 (PC) 118 and Mamand and others Vs. The Emperor AIR 1946 (PC) 45 the Pakistan Supreme Court held in Mst. Hamida Bano Vs. Ashiq Hossain 15 DLR (SC) 65 that in the later c......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
.... the facts of the case the principle was rightly followed by the Courts below.
4. This brings us to look at the plaint and the amendment made thereunder. Before that it is again well settled to remember that in Md. Zahoor Ali Khan's case 11 MIA 468, the Privy Councils’ observation is that the ......e a prejudice to the applicant. This principle has been well enunciated by the Privy Council in the case of Charan Das Vs. Amir Khan, AIR 1921 PC 50, which has been followed by the Supreme Court in Pakistan in the case of Keramat Ali Vs. Muhammad Younus Haji PLD 1963 (SC) 191=15 DLR (SC) 120. This......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......t 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the petition filed before the High Court Division that the respondent appeared for interview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Ser......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....er two daughters P.W.3 and 4 dragged the dead body near the edge of the water. She learnt about the details of the occurrence from her son Riton. It is true while being cross-examined she could not remember whether she stated to the Investigating Officer and the Committing Court some of the details......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... may be necessary to prevent abuse of the process of the Court or otherwise secure ends of justice, but is not justified in using its powers to quash the investigation. 16. The Supreme Court of Pakistan in the case of M. S. Khawaja v. State 17 D.L.R. (S.C ) 153 while considering the decisions ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were served on him wherein it is mentioned that the detenu is an active member of Jatiya Samajtantric Dal, which announced its programme publicly to overthrow the Governm......Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. Cases Referred To- Abdul Baqi Baluch Vs. Pakistan, (1968) 20 DLR (SC) 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kas...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... was that they were implicated falsely at the instance of Khondaker Nural Islam, Chairman of Union Committee of Radbanagar. Both Courts below found the four accused guilty under section 326/34 of the Pakistan Penal Code. The High Court also concurred with the findings of the Courts below. 5. The...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......High Court in Civil Rule No.729(f) of 1970. Judgment Rahul Islam J.- This appeal by special leave is from the judgment dated July 20, 1970 passed by a Division Bench of the High Court of East Pakistan is Civil Rule No.729 (f) of 1970 rejecting the application for condonation of delay in fili......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......estion as to the true construction of Martial Law Regulation No.48(iii) of 1958 is involved. Facts giving rise to this appeal may be set out as follows:
2. The Respondent migrated from India to Pakistan in 1948 and purchased a Tea Estate, known as "Khan Tea Estate" in Sylhet. He was assessed t......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....direction given by the High Court Division of the Supreme Court of Bangladesh in Writ Petition No. 396/89 as preferred by the petitioner, appropriate review committee was formed consisting of 5 members, Additional Secretary in-charge of Ministry of Law and Justice being convenor of the said ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......d on him, and this non-service was due to the fraud of the plaintiff in the previous suit". 21. In the case of Khan Saheb M. Abdul Khaleque Sowdagar Vs. Majutar Rahman Khan and another reported in Pakistan Law Reports (Dhaka Series), 421 the question of the ground upon which an ex parte decree ca...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....y, the appellant, in utter disregard of the respondent's legitimate claim as endorsed by the Prime Minister of Bangladesh, retired the respondent on 11 May 2002 as an Additional Secretary and as a member of the Privatisation Commission. The respondent then filed a Writ petition before the High C......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ts of the petitioners. 3. All the above writ petitions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certain other members of the civil society with important public image who have been advocating and fighting for t...... petitions are dismissed. Cases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sa......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......ted against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissioned as Second Lieutenant on 29-3-1970 and ultimately, was promoted a......st the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissioned as Second Lieutenant on 29-3-1970 and ultimately, was promoted as Captain..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....cers was challenged in both the writ petitions. The writ petitioners stated that they felt aggrieved as a result of the decision of the Chief Election Commissioner ignoring objections of two other members of the Election Commission in the matter of taking decision as to preparation of fresh Elec...... 70. Taking reference therefrom, the learned Counsel seriously challenges the efficacy of the appointment. Thereafter, placing the election laws of various countries including India and Pakistan Dr Hossain submits that there are provisions of annual revisions of Electoral Rolls in th......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
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