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Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......ide. The case is restored and fixed for rehearing on 8.8.1979. Subsequently some other order was made. The question set out earlier arises from the aforesaid order. The order in substance is a review of the judgment made by the High Court Division and the question whether the High Court Divis..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... indicating, by whom. Reference to the English law, therefore, does not give as much assistance in the interpretation of s. 144. 15. In "Jai Berham vs. Kedar Nath Marwari", AIR 1922 P.C. 269, the Judicial Committee of the Privy Council considered the score of a.144 and duty of the court to effec......accrued to the defendants on the very next day after the decree of the first court was modified by the appellate court and nothing has happened since to suspend or stay or, to be more precise, to review or give a fresh start to the exercise of rights." 22. This view of the High Court however..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ppeal by the defendant No. 2 a Division Bench of the High Court Division concurred with the trial Court's findings of fact, but relying on a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pakistan, 17 DLR Dacca 451, held that the sale-deed was no...... 13 (1) and 13 (2) of the Indian Constitution correspond with Articles 6(1) and 6(2) of the Constitution of Pakistan, 1962. The High Court Division elaborately discussed this question and reviewing a number of decisions on the subject rightly rejected the contention that sections 4..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....led section 491 of the Code of Criminal Procedure, that the direction contained in subjection (2) of section 10 that all pending cases under section 491 Criminal Procedure Code stand discharged was a Judicial Act done by the legislature and that the Ordinance was ultra vires the Governor General. Th...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......nbsp; Secretary. 2. Against the order of removal the respondents filed a review petition before the Review Board. The police after investigation submitted charge..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
...., whose disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. This is the view expressed by Judicial Committee in the case of Farid-un-Nesa vs. Mukhtar Ahmed 52 I. A. 342. In the course of ......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....under. We may refer to the principle regarding the ouster of Jurisdiction of the Civil Court as enunciated in the case of Secretary of State Vs. Mask and Company, AIR 1940 Privy Council, 105, The Judicial Committee stated the principle thus:—
"It is settled law that the exclusion of the......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....gatived the view of the High Court which was to the effect that in the matter of review the Government was exercising the function of the Judicial authority and evidently review in question must be Judicial review.” There it no foundation for such observation and nothing has been said in the......cused to the Nation during the war of liberation and also of his age. The Special Martial Law Court directed that the proceedings of the case be submitted to the Chief Martial law Administrator for review as required under Regulation 4 of M.L.R. 1 of 1975. In the first case the order was passed on..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....oes not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or pay over the proceeds of sale." The Judicial Committee of the Privy Council while examining the question of restitution under section 14......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......s pleasure doctrine has a connotation and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with reference to section 96-B of the Government of India Act, 191..Category: Constitutional Law | Date: | Hits: 188
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... "The new Code had been created largely because of the severe criticism heaped upon the military's concept and practice of justice before and especially during, and after, World War II." (The Judicial process by Henry J. Abrstan 146). 44. Hence, the decisions cited at the bar are to be u......639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under the Army A..Category: Constitutional Law | Date: | Hits: 327
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......: K. Hossain CJ.-Khandker Mahbubuddin Ahmed, the learned Counsel appearing in support of the review petition submitted that this Division while following the case of Randhi Appalaswami vs. Ran..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....e person who’s same appears in the deed of transfer, merely lends his name to the transaction, and acquires no interest in the property. 10. The law of benami was reviewed by the Judicial Committee of the Privy Council in the cases of Gopeekrist Gossain Vs. Gunga-pershad Gossain......n benefit, and the person who’s same appears in the deed of transfer, merely lends his name to the transaction, and acquires no interest in the property. 10. The law of benami was reviewed by the Judicial Committee of the Privy Council in the cases of Gopeekrist Gossain Vs. Gung..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
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