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Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... and stand on the same footing. The plaintiff’s document will fail simply because it could not stand up to the challenge thrown up by the defendant on other grounds. So, the impugned judgment under review need not be disturbed. The appeal is dismissed……….(12,17,18) Lawyers Involved: ..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ly the rules to them, without considering executive policy." Parliament has been absolved from the duty of setting up a court proper in Chapter III and that is an important point to remember. Judicial Power of the State. Where does it lie in our Constitution? 71. It has been argued that ......eard in June, 1990 and when the learned Attorney‑General informed the court that the Government was contemplating whether the decision of the Appellate Tribunal should be brought under the judicial review of the Appellate Division, the last Court in the country the judgment was reserved. On 6th De..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....justice is not known to be extended to the requirement of the charge to contain the proposed punishment or to a second show cause notice to answer the proposed punishment. 23. In his book on Judicial Review of Administrative Action, SA DE Smith (Third Edition, 1973) says as follows ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ssession was held to be not adverse mainly because of an erroneous assumption that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
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. ......urshidabad. After such findings, the High Court Division had very little to do in revision when the said findings could not be assailed legally. It was not essential for the High Court Division to review the defendants' aforesaid documents over again because the Additional District Judge gave go..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....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. ......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
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......3 of 1976, for the same cause of action and in that the plaint suit was rejected on 9th June, 1978 for not depositing the deficit court‑fees. An application under section 151 of the Code for review of that order being rejected, the appellant filed a revisional application before the High C..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ve been enshrined it, Articles 31 and 32 of our Constitution. 30. As for the writ of habeas corpus in its home country in England, as late as 1980 when late Professor SA de Smith's book on 'Judicial Review of Administrative Action' was published, it was observed at page 600 of that book: ......e) the proceedings of every case tried and disposed of at any time before the commencing day by a Special Martial Law Court or a Special Martial Law Tribunal shall, after the commencing day, be reviewed by the Government, hereinafter referred to as the reviewing authority as if the said Mart..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....f Kishan Singh was whether it was open to the High Court, in the exercise of its revisional jurisdiction to convert a finding of acquittal into one of conviction. Their Lordships of the Judicial Committee according to Akram, J. did not interpret the powers of an appellate Court under......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... to be responsible. 5. The provisions of Order IX of the Code of Civil Procedure have been enacted to give effect to the aforesaid rules of the judicial procedure. A proceeding for judicial review of certain administrative acts or legislative measures interfering with a civil right of a p..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... be made under a statute, being malafide or without jurisdiction, is a nullity, such an order cannot be taken to have been made under the said statute. Reference may be made to the decision of the Judicial Committee of the Privy Council in the case of Secretary of State for India Vs. Mask & ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
.... whether for the purpose of assessment of tax income, profits and gains of the assessee can be properly deduced from such accounts. 16. In construing the provision of section 13 of the Act, the Judicial Committee of the Privy Council expressed the view in the case of Commissioner of Income tax......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......ion No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin Choudhury, J.—This petition is for review of the judgment dated 17. 6. 75 passed by this Division in Criminal Appeal No. 24 of 1974.&n..Category: Criminal Law | Date: | Hits: 66
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
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