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Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
....9 PPC. 2. The respondent first applied for bail in the High Court being Cr. Misc. No. 2435 of 1970 which was dismissed by another learned Judge on 3-6-1970. On 14-11-1970 the respondents filed a fresh petition for bail being Cr. Misc. No. 8143 of 1970 which was accepted on 3rd December, 1970, a....... Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Courts should refrain from making observations, which may lead to..Category: Criminal Law | Date: | Hits: 60
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....of notice, and his learned counsel was there to represent him. 6. The question that squarely falls for determination in the present appeal is whether by not starting the hearing of the appeal afresh, beginning with the reading of the F.I.R. once again, as desired by the learned counsel for th...... It may also be stated that after the learned counsel for the appellant expressed his desire not to argue the appeal further, and withdrew from the case, with the permission of the Court, an application was simultaneously filed by the father of the appellant, praying for time to engage an..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. ...... the said sum was liable to tax. 3. Leave to appeal was granted to consider the question of law that arises in this case as this is a case of first impression and the question of law is of general application. 4. The second proviso to section 10(2) (vii) reads thus: "Provided further th..Category: Fiscal/Taxation Law | Date: | Hits: 82
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....dilatory tactics adopted by the accused. However, by the 1st of July, 1970, the statements of the four eyewitnesses and most of the material witnesses were recorded when the respondent No.1 moved a fresh application for bail being Criminal Miscellaneous No. 460 of 1970 in the High Court reiter......ence has yet been led in the case. Mr. M. B. Zaman, makes a grievance of the fact that the proceedings have been delayed. Ch. Riasat Ali Khan, who appears for the complainant, opposed this bail application. He stated that about six months were taken by the High Court in deciding a Revision Pe..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. ......d 8th May, 1967, pending the hearing of the appeal. The High Court was, therefore, right in setting aside the order of the Commissioner dated the 4th July, 1967, and directing him to dispose of the application for interim stay on merits. In the result, the appeal is dismissed but as the res..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....t then executed on 11th October, 1944, a security bond and thereby hypothecated all his the then contracts, work orders and bills thereunder for the sum of Rs. 25000/- and also undertook to furnish fresh and further security and to deposit all the title deeds with respect to his properties and als......ncumbrance and desiring to annul the same may, within one year from the date of the sale or the date on which he first has notice of the encumbrance, whichever is later, present to the Collector an application in writing requesting him to serve on his encumbrance a notice declaring that the encumb..Category: Banking Law | Date: | Hits: 230
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 ......pete for the Engineering Supervisors examination of the same department, which was to be held a few days hence, between the 18th to 20th of October, 1943, he requested the Postmaster General, by an application dated the 5th of October, 1943 (Ext. 'E'), for permission to join his office after the a..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. ......re Pakistan citizenship over again and which can be granted only by the Government of Pakistan, they cannot come to Pakistan without any valid travel document". The respondents then made a revisional application in the High Court of East Pakistan. A learned Single Judge of the High Court accepted ..Category: Criminal Law | Date: | Hits: 59
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....rt of West Pakistan. This was accepted by the Division Bench of the High Court on the 3rd June, 1965, and the case was remanded to the Additional Settlement Commissioner for a fresh decision on certain points in the appeal filed before him by the......he Deputy Settlement Commissioner by his order dated the 21st of October, 1959, held that the house was indivisible and he accordingly transferred the entire house to the appellant and rejected the application of the respondents. 4. The respondents thereupon approached the Deputy Settlement Com..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. ......ain J.- This Civil-petition for leave to appeal has been filed against the judgment and order dated 30-1-2001 passed 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 Cour..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....dent Nos.3-6, instead of contesting the suit and filing any counterclaim in the suit, can invoke arbitration clause and take the stand that arbitration proceeding be started fresh before ICC Paris. Considering the above the learned trial judge held that the conduct demons......y 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 filed by the defendant-respondent Nos. 3-6 under section 34 of the Arbitration Act, 194..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. ......the said case was rejected by order dated 23-8-1965; that thereafter one Sisir Das filed another petition on 10- 9-1965 which was also dismissed on contest on 9-6-1966; then Sisir Das filed another application on 16-6-1966 which was sent to SDM for disposal who upon hearing the matter by his ord..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....ding the matter in the light of observation made therein and to dispose of the same in accordance with law. The observation being a direction that the parties should be given opportunity to produce fresh evidence, documentary or otherwise, to decide the issue as to whether cinema hail would be c......as not aware of the same and, as such, the High Court Division has not committed any error of law in remanding the suit to the lower appellate Court for admitting Ext. A annexed with the revisional application under Order XLI rule 27 of the Code of Civil Procedure and to decide the issue whether ..Category: Fiscal/Taxation Law | Date: | Hits: 122
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. ......ithin 60 days from the date of receipt of the copy of the judgment. High Court Division observed that mentioning of the Act, Regulations and Rules in the impugned orders of retirement shows total non application of mind of the Biman Authority, as it is not known as to which of laws influenced the mi..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. ...... the Waqf Estate. Halima Khatun, a daughter of Afia Khatun by her former husband, also applied for the Mutwalliship. Her claim to Mutwalliship was claimed to have the support of 36 Musollis. In her application she alleged that neither the Waqf Estate nor the mosque had any development work durin..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. ......outset submits that while the detenu was in preventive detention the High Court Division committed illegality in entertaining the petition under section 491 of the Code of Criminal Procedure which application, according to him, is not maintainable. It is also submitted that the High Court Divisi..Category: Criminal Law | Date: | Hits: 66
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....uch circumstances we are of the view that the High Court Division is fully competent to know the state of health of the accused/detenu at least on the date of passing of the order and by directing fresh medical examination by another board, the High Court Division has not committed any illegalit...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
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. ......1 A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be file..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. ......nk and others vs. Md Abdul Malek, 46 DLR (AD) I cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The facts of the present case has no manner of application with reported decision. The petition is dismissed. ..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. ...... because of the provision of the said section of the Ordinance “the discipline matter involving the Inspector of Police or Officers below is concerned the overriding clause squarely bars the application of the provisions of the PRB and provides for steps only under the provisions of the Or..Category: Administrative Law | Date: | Hits: 116
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