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Displaying 1941-1960 of 2198 results.
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su......me as abandoned Property whereupon Abdul Khaleque Bain filed Title Suit No. 698 of 1985 in the 3rd Court of the Subordinate Judge, Dhaka on 1.8.85 against the Government of Bangladesh praying for a declaration that he is the 16 annas owner of the disputed property. In the said suit an Order of t..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....7.) Judgment Hamoodur Rahman, CJ.— This appeal arises out of a judgment of the High Court of Baghdad-ul-Jadid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of......it filed in 1937 by three ladies, namely, Mst. Wahudul Khatoon, Mst. Qaiser Khatoon and Mst. Jawahar Khatoon, and one, Amiruddin, against Moulvi Abdul Khaliq and one, Waziruddin, for possession after declaration of their respective shares as the heirs of one, Moulvi Abdul Aziz who had died in 1926..Category: Civil Law | Date: | Hits: 117
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... Lien on the security 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 ......as below:— "all monies, shares, securities and other assets due, payable or deliverable, to the defaulter must be paid or delivered to the Defaulters' Committee within thirty days of the declaration of default". In the present case, there is nothing to show that a declaration of d..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....s in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to any opportunity to show cause against the proposed termi......ty to show cause against the proposed orders of termination of their services. As, however, no such opportunity was given to them, the learned Judges held the impugned orders to be illegal and made a declaration accordingly. 4. The respondents were in the employment of the Corporation but were no..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....nancial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a criminal 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 ......as against the Financial Rules, no entry about it could be made in the regular cash-book. However, Hamid Hussain declared in writing (Ex. 34) about the payment of Rs. 1,300/- to Mr. Rahman Ghani. The declaration made by him was as follows: "I Hamid Hussain hereby declare that I handed over th..Category: Anti-Corruption Laws | Date: | Hits: 142
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen......e power to direct interim suspension of an order under appeal was ancillary to the power conferred on the Commissioner by section 18 of the Ordinance to, inter alia, discharge a person from the declaration by the Tribunal that he was a goonda and to remove the restriction placed on his movem..Category: Criminal Law | Date: | Hits: 49
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
.... of Pakistan, Karachi and ors.................................................................Respondents Judgment July 9, 1970 Seniority in Government Service Where Service rule provides for promotion as a result of examination, seniority will be counted from the date of selection for t...... taking precedence over "outside candidates simpliciter", as cited in rule 28, lead to the conclusion that the status of the candidates in regard to their categorisation is to be determined after the declaration of the result of the competitive examination when they are to be selected and appointed ..Category: Employment/Service Law | Date: | Hits: 103
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....te Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 1940 praying for stay of the suit and thereupon directing the respondent Nos.3-6 to take steps for settling the ......ponds to AIR 1982 SC 1302, the plaintiff, on 1.6.1982, filed a suit against Food Corporation of India, 1st defendant and Shyam Narain Nigam, District Manager of 1st defendant, 2nd defendant, for a declaration that the contract between the plaintiff and the 1st defendant for handling and transpor..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....e 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 the defendants if considered along with other evidence and circumstances unmistakably prove the...... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by adverse poss..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... 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 record by the court of appeal below on considera...... for a period from 30-6-82 to 20-8-82 and, as such, the remand order on the basis of Ext A dated 23-2-88 was uncalled for in the case. 2. The plaintiff filed the suit for declaration that the company being a recognised industry is entitled to pay electricity consumption..Category: Fiscal/Taxation Law | Date: | Hits: 122
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....49) 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 have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr......e Suit No. 245 of 1979 is for the partition of the properties of Ilias Miah and therein Kulsuma Bibi and Rahima Bibi are the proforma defendants. The other title suit, being No. 344 of 1980, is for declaration of title and for a decree of permanent injunction as well as for declaring the decree ..Category: Property Law | Date: | Hits: 55
.... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term:
......ilding.
9. The Society having failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge, Dhaka on 24th December, 1962 seeking declaration of title with the prayer for injunction restraining the defendants from disturbing the p..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.... The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………&hel......r same related to the property No. 3 of the ‘Ka’ schedule attached to the plaint. The learned Subordinate Judge decreed by the aforementioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule at..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
.... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen...... PW 12, nephew of deceased Habibur Rahman and Motiur Rahman as well as on the evidence of PWs 4, 6 and 8 to whom incident was narrated by PWs 11 and 12 and also taking into consideration the dying declaration of Habibur Rahman arrived at the finding that the prosecution case against Omar Ali, Ak..Category: Criminal Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making authority that would ultimately finalise the matter of procurement of the c......he petitioner. Respondent No. 9 got himself impleaded in the writ petition and supported the writ petitioner contending that after opening of the price bid of the technically responsive bidders fresh declaration declaring the petitioner responsive was contrary to the terms and conditions of the tend..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....ed: Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 586 of 1997. (From the Judgment and Order dated 2nd...... petitioner herein filed Title Suit No. 16 of 1981 (previously numbered as Title Suit No. 26 of 1979 of the Court of Subordinate Judge, Jessore) of the Court of Subordinate Judge, Jhenidha seeking declaration that he is the successor of the defendant Bainchitala Islamia Junior Madrasah and for a..Category: Property Law | Date: | Hits: 63
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………......file the writ petition and laches as it was filed after over eight months of issuance of the alleged impugned order and after seven months of the date of the certificate of incorporation for which declarations are sought. Their further case is that, BRAC Bank is a lawfully constituted banking co..Category: Constitutional Law | Date: | Hits: 199
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....4, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and in......thers and that the common object thereof was to attack the house of Fakku Mia and to do mischief and that there was no object of murdering anybody nor was there any such intention. Other is the dying declaration of deceased Bakul Bibi, Exhibit 2. 3. The occurrence took place at about 4.00 AM on 7..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: ...... 10(2) of the Income Tax Act, 1922 provides for payment of bonus to employees for service rendered .There being clear provision for payment of bonus, the question is whether the assessee can claim declaration for payment of such bonus when the assessee respondent had declared that there was no p..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997......o. 3 of 1993 reviewing his earlier judgment dated 3-3-1993 in Other Class Appeal No.179 of 1991 under Order 47 rule 1 of the Code of Civil Procedure. 2. The suit was for declaration that the plaintiff was illegally and wrongfully dismissed from his service on 27-1-77 ..Category: Employment/Service Law | Date: | Hits: 83
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