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Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......ide strip of land to be allotted to defendant No 8, The defendant No, 8 accordingly applied to have that clause Inserted in the decree and to make it conform to the judgment. The Division Bench after reviewing the decision noticed that the preponderance of opinion in the subcontinent and also in Eng..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....se provisions was null and void as not being sale under Act XI of 1859, vide Lala Mobaruk Lal vs. The Secretary of State of India ILR 11 Cal. 200 FB. This decision appears have been over-ruled by the Judicial committee of the Privy Council in Gobinda Lal Ray vs. Ramjanam Misser, ILR 21 Cal. 70 corre......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....ourts used to take guidance regarding these rules from the standard translations of two very distinguished classical compilations on Sunni Law, namely, the Hedaya and the Fatawa-Alamgiri. Thus, the Judicial Committee of the Privy Council recognised the value and importance of these two books. It......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......findings had not been made on due consideration of ail material evidence according to established principles of assessment of evidence. As such the evidence both oral and documentary requires to be reviewed. 8. Registered Agreement Ext. 3 is the evidence of creation of a tenancy by the appe..Category: Property Law | Date: | Hits: 37
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....nd beyond that to the post to Under-Secretary and hence the order of the High Court was found to be wholly inappropriate. In the other case the plaintiff-respondent joined the Bangal Civil Service (Judicial) as Munsif in 1937 and in 1955 same other Munsifs whose named is appeared below that of the......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....upreme Court of Pakistan also took note of a passage in Halsbury's Law of England, Third Edition, Vol. 39 under the head "Common Law and Convention" at page 26 where, among others, it was stated the "Judicial notice will be taken of the existence of a state of war between this country and any othe......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." 6. Loughran in "Judicial Review of Federal Executive Action" at page 634 states that the aforesaid declaration...... 1972 (President's Order No. 5 of 197,2) was made ; and under Article 4 there of the High Court of Bangladesh was empowered to exercise "all such original, appellate, special, revisional, review, procedural and all other powers as were exercisable" by the erstwhile High Court at Da..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....eal. The question of bail to convicted persons in exercise of revisional jurisdiction under section 435 of the Code need not be considered here. 11. We may state here that the observation of the Judicial Committee of the Privy Council in the case of Lala Jairam Das and others Vs. Emperor report......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....hich was also under enquiry by the police. Complaint petition is not a statement of the complainant. The expression "judicial proceedings" has been defined as follows- “Judicial Proceeding' included any proceeding in the course of which evidence is or may be leg......cannot be imported as because the Penal Code is codified law. In the case of Tiravengada Mudali vs. Tripurasundari AmmaL, A.I.R. 1926 Madras 906, a Full Bench of the Madras High Court after reviewing the authorities came to the conclusion: "The privilege defined by the ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......sion for pre-emption of non-agricultural land in the East Bengal Non-Agricultural Tenancy Act (XXIII) of 1949. Under that Act a contiguous owner cannot claim a right of pre-emption. After 'review of relevant provisions of the East Bengal State Acquisition and Tenancy Act we think that s..Category: Property Law | Date: | Hits: 47
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......amp; another……………………..Petitioner Vs. M/s. Mullick Brothers…………………………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Se..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......blic interest. This is the safety valve of making such orders so that no arbitrariness or bad faith creeps in” 50. It may be mentioned that in arriving at the above conclusion the Supreme Court reviewed a number of its decisions on the question whether the order of compulsory retirement an..Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... or prohibits the importation of the principles. 14. In the case of Abul Alla Moududi vs. Govt. of West Pakistan (1965) 17 D.L.R (SC) 209=PLD 1964 S.C. 673. S. A. Rahman, J. observed on review of a number of decisions of the Pakistan Supreme Court "that the principle of nat..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....oting as acts done without jurisdiction. Similarly Coram non judice also stand on the same footing because these words would literally mean that they have been done by an authority or body exercising Judicial or quasi-judicial powers which was not properly constituted even under the law under whic...... sentenced him to death. 7. A required under clause under clause (2) of Regulation 4 of Martial Law Regulation No. 1 of 1975 the proceeding after termination were submitted to the Government for review and the result of the was communicated August 29, 1978. In the communication an extract take..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ...... High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of Summary Martial Law Court is a persona designata. 2. The ap..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......n a Court of Small Causes Act in all suits cognisable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
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