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Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......uld not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A. Munshi, Advocate, with him) instr..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....in that behalf, (ii) that the respondents were entitled to protection guaranteed by Article 177 of the 1962 Constitution, and (iii) that, in any event, even if Article 177 did not apply, the principles of natural justice required that they should have been given an opportuÂnity to show c......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......n was not made by way of penalty……(4, 5 and 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (1960) 12 DLR (SC) 295; Noorul Hasan Vs. federation of Pakistan, (1957) 9 DLR (SC) 47. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Md. Anis, Advocate with him) instructed by M..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....e appellant's contentions that due weight had not been given by the High Court to the evidence in his favour or the findings of the trial court and that the High Court acted conÂtrary to the settled principle of giving benefit of doubt to the accused. 8. The entries in the cash-book on 7-3-58 co......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. ......ce 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 Ali A. Rahman, Senior Advocate, Supreme Court, instructed by Hyder Baksha..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....he appellant is present, or is represented by a pleader, either he or his counsel must be heard. Mahmood, J., in his dissenting opinion, on the contrary, held that section 422, in conformity with the principle of audi alteram partem, implies that where an appeal is not summarily rejected under secti......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. ......its in the absence of the appellant or his pleader especially when the appellant deliberately refrains from appearance and his counsel prays for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: Q. M. Salim, Advocate, insÂtructed by Rana Maqbool Ahmed Qadri, AdvoÂcate..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. ......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. ......S. C. 318 (Appl.); Maharajdhiraj Sir Kameshwar Singh Vs. Commissioner of Income-tax, Bihar and Orissa, (3) 48 ITR, 483; Commissioner of InÂcome-tax Vs. Public Industries P.L.D. 1969, Karachi 606. Lawyers Involved: A. M. Abdullah, Senior Advocate, instructed by Md. Nurul Huq, Advocate-on-Recor..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....intiffs for assessing their alleged loss at Rs. 15000/-. On these pleadings the following issues were raised: 1. Is the suit maintainable in its preÂsent form? 2. Is the suit barred by principles of estoppel, waiver and acquiescence? 3. Has the daughter of the plaintiff died in th...... 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. ......been added as proforma defendant and having filed written statement in the suit but ultimately failed to contest the same, it cannot avoid the liability under the decree………(42 & 43) Lawyers Involved: Mohammad Moinul Haque Advocate, SupÂreme Court, instructed by S. S. Huda, Att..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
......................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......t on the question and earlier rejection of prayer for bail by another Judge of the High Court. ……………(14 & 16) Case Referred to: Farid vs Ghulam Hussain and others PLD 1968 SCMR 924. Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Cha..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. ...... 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. ......(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 Tin vs. Emperor (XIII) CRLJ Report 492. Lawyer Involved: Kazi Akhtar Ahmad, Advocate-General—For the Appellants. Respondentâ..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 restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... Arun Chandra Singha and others 38 CWN 917 ; Rasik Chandra Chakravarti vs. Jagabandhu Chakravarti and others AIR 1929 Cal. 392; Sital Chandra Majhi vs. Parbati Charan Chakravarti AIR 1922 Cal. 32. Lawyers Involved: Asrarul Hussain, Senior Advocate, instructed by Muhammad Nurul Huq, Advocate-on..Category: Banking Law | Date: | Hits: 230
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. ......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. ......ent ComÂmissioner, Pakistan PLD 1963 Lah. 214; Mrs. Keays Byrae vs. The Settlement Commissioner Rawalpindi PLD 1963 Lah. 88; Syed Hider Shah vs. Mukhtar Hussain Shah and others PLD 1963 Lah. 548. Lawyers Involved: Aftab Hussain, Senior Advocate, instructed by Wajid Hossain, Advocate on Record..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... and 2 participating in the above proceeding in which was not at all fair. The High Court Division however allowed the appeal reversing the above order dated 13.06.1939 holding that in view of the principle as laid down in the case of Food Corporation of India and another Vs. Yadav Engineer and ......ppellant filed the above Money Suit No.1 of 1992 against the respondent Nos.1-6 claiming from them Tk.89,20,459.98/- as compensation stating, inter alia, that in December 1983 the appellant floated International Tender inviting offers for supplying machinery and equipments, rendering services as ......thers vs. Tobarak Hossain, 17 DLR 209, New Bengal Shipping Company vs. Eric Lancaster Stump of Singapore, 1 PLR Dhaka-1; Halcyon Steamship Co. inc. vs. Prov. of E. Pak 26 DLR (SC) 7. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Azizul Huq Advocate with him), instructe..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
.... possession at the moment adverse possession begins.” 13. In the case of Ejaz Ali Qidwai vs. Special Manager Court of Wards, Bulrampur Estate AIR 1935 PC 53 the principle of adverse possession was laid when “a person, who bases his title on adverse poss......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. ...... twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title by adverse possession……..(17) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sh..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. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Cases Referred to- Ghaznavi vs Allahabad Bank Ltd AIR 1917 Calcutta 44; Surinder Kumar and others vs Gian Chand and others AIR 1957 (SC) 875. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record —For Appellants. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
....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. ......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. ......
Present:
Mahmudul Amin Chowdhury CJ
Mainur Reza Chowdhury J
Md. Ruhul Amin J
Md. Fazlul Karim J
K M Hasan J
Syed J R Mudassir Hussain J
Abu Sayeed Ahammed J
Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner
Vs.
Eva Sunanda Chowd..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... him under section 9(2) of the said Act and as a public servant he could be retired by the President of Bangladesh. No notice to show cause was served on him before his retirement in violation of the principle of natural justice. Such deprivation is discriminatory, arbitrary and malafide and violati......by order dated 24 November 1997 and aggrieved by the same he filed WP No. 1282 of 1998. 12. Case of the respondent Md. Yousuf Haroon, in short, is as follows: That he joined erstwhile Pakistan International Airlines Corporation (in short PIAC) as an Enquiry Assistant in 1965 and after liberat......without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necessary……..(29) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate (MA Tariq, Advocate with him), instructed by..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 appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... Judgment November 15, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 51 (i) Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may becom..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. ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......d is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere……………………..(4) Lawyers Involved: Mahbubey Alam, Additional Attorney-General (M Farooq, Deputy..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. ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......nt to appear before the specified officer of the bureau in connection with an enquiry is not illegal………………….(10) Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. ..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. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......ublic Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public document………..(7) Lawyers Involved: AF Hassan Ariff, Attorney-General, (Abdur Razzaque, Addi..Category: Criminal Law | Date: | Hits: 65
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. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………………..(9) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sharifuddin Chaklader Advo..Category: Property Law | Date: | Hits: 55
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