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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. ......e blamed for utilizing the public money in con­travention of the financial rules. After the rece­ipt of this report, prosecution was launched against the appellant alone in the Court of the Special Judge (Anti-Corruption), Karachi, making the two successive cashiers Hamid Hussain and Abdul Aziz as..

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 can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......J Sajjad Ah­med Jan J Salahuddin Ahmad J Mohammad Sharif, s/o Barkhurdar...........................Petitioner Vs. 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicin..

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. ......y Mr. Justice Shah Zaman Babar of the Peshawar Bench, who ordered the production of additional evidence for elucidation of certain points, but the appeal could not be concluded by him, as the learned Judge returned to Peshawar on the conclusion of his circuit tour. The appeal was then laid before Mr..

Category: Criminal Law | Date: | Hits: 78

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. ......, Attorney—For Respondent No.1 (In Civil Appeal No. 73-D of 1966). Ex- parte- Respondent Nos. 2 to 4 (In Civil Appeal No. 73-D of 1966). Civil Appeal Nos. 38-D of 1965 and 73-D of 1966. Judgement Hamoodur Rahman CJ.— Both these ap­peals arise out of a suit filed by the respon­..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....plaint. Its summary shows that twelve out of forty-one witnesses cited in the calendar have been recorded in 790 days. The delay attributed to the prose­cution is 389 days, for the absence of the Presiding Officer or over work 191 days attributable to the accused and the  pro­secution 30 days......question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 disregarding the ..

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. ......s. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondent—Ex-parte. Civil Appeal No. K-6 of 1969. Judgement Muhammad Yaqub Ali J.—The question raised in this appeal by special leave of the..

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 resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... 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 decree No. 216 of 1959). Judgement Abdus Sattar J.—This appeal by special leave, at the ins­tance of the plaintiff, ar..

Category: Banking Law | Date: | Hits: 230

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. ......Revision No. 375 of 1969), Judgment M. R. Khan, J.— This appeal, by special leave, at the instance of the Advocate-General of East Pakistan, is directed against the order of a learned Single Judge of the High Court of East Pakistan in Criminal Revision No. 375 of 1969 by which he set aside ..

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. ......se was remanded to the  Additional Settlement Commissioner for a fresh  decision on  certain points in the appeal filed  before him  by  the appellant. 9. The learned Judge of the High Court had, inter alia, held that the Additional Settle­ment Commissioner had fail..

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. ......d by a Single Bench of the High Court Division summarily rejecting the revisional application vide, Civil Order No. 2570 of 2001, affirming order dated 21-11-2000 passed by the Court of Subordinate Judge and Artha Rin Adalat No. 3, Dhaka acting as Executing Court in title Execution Case N0.4 of ..

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. ......rected against the judgment and order of 15.5.2000 passed in F.M.A. No. 195 of 1993 by the High Court Division setting aside the judgment and order dated 13.6.1993 passed by the learned Subordinate Judge (now Joint District Judge), Noakhali in Money Suit No. 1 of 1992 rejecting the application fi..

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.  ...... acquire title by adverse possession in that it was not noticed that the material evidence in that behalf was 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..

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.  ......n of the Government or of the defendant not to trust the plaintiff as a commercial establishment and the same having been filed for the first time before the High Court Division, the learned Single Judge of the High Court Division acted wrongly and illegally in taking the same into consideration ..

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. ......lected in the leave petition will be attended better if the leave petition is disposed of in the manner as hereinafter. 3. Respondent No. 1 filed Title Suit No. 2 of 1993 in the Court of District Judge under section 10 of the Divorce Act, 1869 seeking dissolution of her marriage with respondent ..

Category: Family Law | Date: | Hits: 192

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.  ......vember 1992 passed by the High Court Division in Civil Revision No. 5020 of 1991. The leave has been granted on the submission made by the learned counsel for the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the Dis..

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.  ......th or till disposal of the Rule whichever is later.   2. The short fact leading to this petition is that, aforesaid detenu was previously convicted by the 2nd Additional Sessions Judge and Special Judge, Dhaka in Special Case No.11 of 1992 and was sentenced to imprisonment with..

Category: Criminal Law | Date: | Hits: 66

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. ...... Death Reference No. 6 of 1994 upholding the conviction and sentence of petitioners Giasuddin and Jamal Uddin alias Abullah under sections 302/34 of the Penal Code. The learned Additional Sessions Judge. Noakhali in Sessions Case No. 26 of 1992 found these two petitioners guilty of the offence p..

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.  ......ch of the High Court Division making the Rules absolute obtained in Civil Revision Nos. 10141 and 10189 of 1991 against the judgment and order dated 29th June, 1988 of the 2nd Court of Subordinate Judge, Sylhet in Miscellaneous appeal No. 95 of 1985 and Miscellaneous Appeal No. 94 of 1985 revers..

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.  ......s 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 Judge, Patuakhali alleging that he is a co-sharer in the case land and is entitled to preemption. ..

Category: Property Law | Date: | Hits: 49

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. ......f the Society and started construction of building. 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 rest..

Category: Property Law | Date: | Hits: 54