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Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ad to take steps for disposal of the consignment through auction when the importer M/s MA Baker failed to clear the goods within the stipulated time as envisaged in section 82 of the Customs Act. The public auction was held on 20.12.1990 and the highest bid of Taka 92.50 lacs was approved by the Col......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......een executed in 1977. The report further said that the parties were close relations, that the second party men were of troublesome and violent nature and that there was likelihood of breach of the peace and of murder over the dispute between them. 3. The learned Upazila Magistrate upon p..Category: Criminal Law | Date: | Hits: 53
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....icer failed to show any warrant the detenu refused to accompany him. Then the impugned order of detention was shown to the detenu where it was alleged that it was necessary to arrest the detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....ord has appeared to defend the decision of the High Court Division that the Execution Proceeding is quite maintainable. 5. As appears, the question before us in this appeal is a question of great public importance. Both Mr. SR Pal and Kh. Mahbubuddin Ahmed cited before us a great number of decis......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... costs. 3. On appeal the learned Judges of the High Court construing s. 20(5)(c)(ii) of the Act held that two consequences of the law is that, it first bifurcates a mixed wakf-al-aulad into public and private wakf, and then converts the private portion ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....evision No. 691 of 1969). Judgment: Ahsanuddin Choudhury, J.—This appeal is by special leave granted to examine the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protecti......complaint and also to the papers filed on behalf of the respondent. The petition of complaint shows that on 19th of January, 1969 various organizations and groups of students decided to take out a peaceful procession on the following day, that is, on 20th January, 1969. Accordingly, on the 20th ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....he third point, namely, whether the convictions both under sections 148 and 302/149 are permissible in law. Section 149 occurs in Chapter VIII of the Penal Code which deals with offence against the public tranquility. The Chapter consists of 21 sections and most of them are concerned with assembl......hapter VIII of the Penal Code which deals with offence against the public tranquility. The Chapter consists of 21 sections and most of them are concerned with assemblies which are danger to public peace. Such assemblies are designated as unlawful assemblies. Section 141 defines an unlawful assem..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....disturb the court's work with intention to show disregard to the court's order of injunction. Obviously it was a clear defiance of the court's authority which was thereby belittled in the eyes of the public. Mr. M.A. Zaher also is said to have uttered certain derogatory words which amounted to gross......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
....54-1955 to 1957-1958 and Civil
Appeal No. 17 of 1974 is in respect of the appellant's income during the- next
five assessment years, viz. 1958-59 to 1962-63.
2.
The appellant is a public limited Company incorporated in India having its
registered office in the city of Calcutta i......pinion that the High Court took the correct view in answering
the question referred to it under section 66(1) of the Income-tax Act.
Both
the appeals are dismissed with costs.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....Husain CJ.—This appeal by special leave is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of BanglaÂdesh. Leave was granted for interpretation of Articles 4 and 8 of President's Orde......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2. The appellant, which is a public Limited Company, is engaged in the manufacture, inter alia of rayon yarn, filed a petition ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....t allowed to raise such questions for the first time in the highest tribunal as cerÂtain questions of fact naturally arise in conÂnection with such grounds. However, as the questions are of general public importance, leave was granted to consider these questions. 11. Mr. Khondker Mahbubuddin A......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....attacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) of the ConstiÂtution of the People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set a......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....stricted to subÂject-matters of prescribed value. It may be competent to deal with controversies of a specified character, for instance, testamentary or matrimonial causes, acquisition of lands or public purposes, record of rights at between landlords and tenants. This classification into terriÂ......ct, and therefore no quesÂtion of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....alient provisions of the Act are to be looked into. 7. A certificate proceeding can be started before the certificate officer for the recovery of any dues described in the Act, as in the nature of public demand. We are then to look at sections 7, 8, 14, 20 and 36 of the Act to see the consequence......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....o is called upon to decide them, acts with fairness and impartiality. It is often said that two of the important features of a Court are (1) that the proÂceedings before it are normally conducted in public and (2) that it is conducted in the presence of the parties concerned. (Vide AIR 1941 Patna a...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....me Court had virtually decided the case and that the remand was made only to decide the effect of application of sections 30 and 36 of the Bengal Money Lenders Act is the said question was of general public imÂportance to be decided by the High Court in the first instance, rather then by the Suprem......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 151
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....shy;pened that when advances were allowed sufficient fund was not always available in the account of the District Council and as such the money was to be managed from some other funds namely, public works cess funds, etc. The petitioner managed the said advances to the Contractor by putting......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
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