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Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......11.11.64 and prayed for time to file written statement. Thereafter on 27.3.65 the defendants filed a petition for time to file written statement and the learned Subordinate Judge passed the following order:— "27.3.65.—Plff. files hajira. Defendants file petition for time to file W. S. Hea...... the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......by the learned Subordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for a sum Tk. 1,99,567.00 with damages and interest on account of the works done by him on the facts stated in the plaint. 3. The plaintiff submitted tender which was accepte..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

....3. You may draw 15 days' salary in lieu of notice.'' 3. Conciliation having failed, the dispute was referred by the Khulna News Print Employees Union to the Industrial Court which in its award published in the Gazette on 24-2-64 ordered the reinstatement of Nurul Gani after holding that as hi...... Haq, Attorney—For the Appellant. Humayun Kabir Chowdhury, Advocate, instructed by S.S. Huda, Attorney—For the Respondent. Civil Appeal No. 101-D of 1968. On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 17th January, 1968 in Appeal from Origina......e parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......id clause is as follows:— "12. Termination of Employment.— (1) For terminating employment of a permanent workman, notice in writing shall be given either by the employer or the workmen—one month's notice in the case of monthly-rated workmen and two weeks notice in the case of other w..

Category: Labour and Industrial Law | Date: | Hits: 107

Karachi Stock Exchange Vs. Kurban Ali M. Merchant 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. ......ade in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would 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 attachme......y 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 forward transaction sinc...... 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 forward transaction since January 1961 her security deposit would not be subject to any such..

Category: Business or Commercial Law | Date: | Hits: 74

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....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. ......cted by Md. M. R. Khan, Advocate-on-Record—For the Appellant. S. M. Abbas, Advocate-on-Record—For the Respondent. Civil Appeals No. 88-D & 89-D of 1968. (On Appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 24th January, 1967 in Writ Petition Nos. ......R. Khan J Secretary, EPIDC, Dacca........................Appellant. Vs. Md. Serajul Hoque.............................Respondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not perso......, 1964, the Secretary of the Corporation terminated the services of both the respondents with immediate effect on the ground that their services were no longer required. They were, however, offered one month's pay in lieu of notice for terminating their services. The respondents, by two separate w..

Category: Employment/Service Law | Date: | Hits: 96

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. ......ellant. S. Murtaza Hussain, Advocate, Supreme Court, instructed by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Cr......—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. ......t-matters of the charge against the appellant. In the audit report, the cashier, the Drawing & Disbursing Officer and other higher officers of the Department were blamed for utilizing the public money in contravention of the financial rules. After the receipt of this report, prosecution was ..

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. ......y Rana Maqbool Ahmed Qadri, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Petition for Special Leave to Appeal No. 40 of 1971. (On appeal from the judgment and order of the High Court of Lahore, dated the 22nd December, 1970, in Criminal Miscellaneous No. 85......ges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......me Court Appellate Jurisdiction (Criminal) Present: Muhammad Yaqub Ali 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 Febr..

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. ......dvocate-General (R.S. Sidhawa, Advocate, with him), instructed by Ijaz Ali, Advocate-on-Record —For the Respondent. Criminal Appeal No. 94 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 24th June, 1970, in Criminal Appeal No. ......that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......oint in this behalf, of the time and place at which such appeal is to be heard and also to furnish a copy of the grounds of appeal to the aforesaid officer, if he applies for the same. After this is done, the further course of the appeal is governed by section 423 , which ordains that a Court then..

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 Appellant. A. W. Choudhury, Advocate, instructed by Abdul Matin Khan Choudhury, Advocate-on- Record—For the Respondent. Civil Appeal No. 55-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 10th December, 1965, in Reference Case ......ax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited com......ofit or gain so as to bring the case within the mischief of the second proviso to section 10(2)(vii) of the Income Tax Act………….(6) Cases Referred to- William Richard Doughty Vs. Commissioner of Taxes A.I.R. 1927, P.C. 76; J. & M. Graig (Kilmarnock) Ltd. Vs. Inland Revenue (1914) S. C. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

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. ......is appeal is accordingly, dismissed but having regard to the fact that the points of law raised in this case were not only of an unusual and intricate nature but also of first impression we make no order as to costs. 39. With regard to Civil Appeal No. 73-D of 1966 it is not necessary to reite......dent caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or ......nd desires and all hopes of their lives had vanished and they had no heart left in either managing their business or their properties or carrying on their house-hold avocations. 4. It may be mentioned here that the plaintiff, who are the parents of the deceased child had in the suit also joined ..

Category: Others | Date: | Hits: 124

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

....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 ...... Advocate, with him) instructed by Ijaz Ali, Advocate-on-Record —For Respondent No. 2. Civil Appeal No. 9 of 1971. In Petition for Special Leave to Appeal No. 226 of 1970. (On appeal from the order of the High Court of Lahore dated the 28 August, 1970, in Criminal Miscellaneous No. 4605 of......t 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 ......issed by a learned Judge on 27 May, 1969, with the following remarks. "We are, however, concerned with the fact whether or not there are reasonable grounds at this stage to release, the petitioner on bail who has been charged for an offence punishable with death or transportation. According..

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. ...... The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the present case) to suspend the operation of an order passed by the Tribunal pending hearing of the appeal is ancillary to the power conferred upon ......Appellants Vs. Ali Sher Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the prese......25 DLR (SC) (1973) 41. ..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ey be due under this act in respect of holding from the owner thereof, on account of any tax, and if the owner of such holding is unknown or the ownership thereof is disputed, the Commissioners may publish twice at an interval of three months, a notification of sale of such holding and after the e......Advocate, instructed by Abu Bakkar, Advocate-on-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. 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 d......nt: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead represented by his heir Sultamed and ors................ ...Respondent Judgment Nov......o Reported in: 25 DLR (SC) (1973) 34. ..

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 ......pellant. Ismail Bhutti, Senior Advocate, instructed by Iftikharuddin Ahmed, Advocate-on-Record—For Respondent Nos. 1 to 12. Civil Appeal No. 30 of 1968. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 20th October, 1966, in Writ Petition No.......eported in: 25 DLR (SC) (1973) 28 ......5 DLR (SC) (1973) 28 ..

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. ......n-Record—For Respondent Nos. 1 and 2. Respondents 3 and 4—Not Represented. B.K. Chowdhury, Advocate—Amicus curiae. Criminal Appeal No. 20-D of 1970. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 18th August 1970 in Criminal Revision No....... 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. ......istan within a short time when conditions became normal. In other words, their defence was that they availed of the Migration Certificate in order to have temporary shelter in India, but never abandoned their Pakistan citizenship, nor did they intend to settle permanently in India and to acquire I..

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. ...............................................................Respondents Judgment December 9, 1970. The Displaced Persons (Compensation and Rehabilitation) Act, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continu......e we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......esidence in Pakistan it would be a question of fact to be decided in the facts and circumstances of each case whether he is a displaced person or not. Such a finding of fact by the Settlement Commissioner based upon irrelevant consideration can be set aside by the High Court in writ jurisdiction…�..

Category: Property Law | Date: | Hits: 61

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....perty of the petitioner in the aforesaid Execution Case by order dated 3-6-1992 and in the execution case, proclamation of auction sale of the attached property along with valuation of the same was published through notices for auction sale of the suit property. The auction sale was held for an a......he Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1286 of 2001. (From the judgment and order dated 30-01-2001 passed by the High Court Division in Civil Order No. 2570 of 2001) J......oes not call for our interference. 8. This petition is therefore dismissed. Ed. ......on (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Bulbul Electric Market and others.........................Petitioners Vs. Rupali Bank Ltd. and another...................................... Responde..

Category: Banking Law | Date: | Hits: 112

.... 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. ...... Ex parte- For Respondent Nos. 1-2, 5-6. Civil Appeal No. 153 of 2002 (From the judgment and order dated 15th May, 2000 passed by the High Court Division in First Misc. Appeal No. 195 of 1993)......r as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......00 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 filed by the defendant-respondent Nos. 3-6 under ..

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. ...... Advocate-on- Record—For the Appellants. Ex Parte—The Respondents. Civil Appeal No. 78 of 1994 (From the judgment and order dated 30th June 1993 passed by the High Court Division in Civil Order No. 1992 of 1993). ......bsp; Syed JR Mudassir Husain J ...... 2. The plaintiff filed the suit for declaration of title to the suit land by purchase or adverse possession and further that the order dated 6-2-1989 of the Additional Deputy Commissioner, Comilla declaring the suit land as enemy property is illegal and inoperative. &n..

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. ...... April 8, 2002. The Code of Civil Procedure, 1908 (V of 1908), Section 107 & Order XLI rule 27 In order to decide material issue concerned in the suit that the order of remand was warranted in the ......54 DLR (AD) (2002) 170. ...... Manager, Modhumita Naptune Theatre Ltd, 35 Hatkhola Road, Dhaka. 8. While considering the same the High Court Division recorded the submission of the Rule by the petitioner that if Annexure-A would has been considered by the appellate Court it would clearly establish..

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. ...... 30th October, 2000 passed by the High Court Division in Divorce Suit No.1 of 1998). Judgment Md. Ruhul Amin J.- This petition for leave to appeal is by the 3rd party against the judgment and order dated 30th October, 2000 passed by the High Court Division in Divorce Suit No. 1 of 1998. Leav......unging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ...... 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 Chowdhury & others…………………………….……..Responden..

Category: Family Law | Date: | Hits: 192

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