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Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....there was an error in appreciation of the evidence on record, howÂever; gross it may be. This view of law as to the jurisdiction of the High Court as the Second appellate Court was enunciated by the Judicial Committee of the Privy Council as early as in 1890, while construing the analogous proviÂ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....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. ......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
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... of the Court. The principle underlying the said .provision is of general application and is not to be confined to suits only but is, in our opinion, applicable to the present proceedings also. The Judicial Committee or the Privy Council has applied the said principle to a proceeding before ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....nd support from recognised judicial authority. We find the submission of Mr. Nurullah is well founded. The Supreme Court of Pakistan, in the cited decision has repeated the principle laid down by the Judicial Committee of the Privy Council. It is the consistent view of judicial authorities that amen......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)
....lved in a judiÂcial decision, but as they have already been considered and defined in judgments cited before us, no fresh attempt to define them is, however, necessary. As observed by Fazl Ali, "Judicial function means the function o f "deciding litigated questions according to law" deciding th......urts within Section 115 of the Code of Civil Procedure. In deciding the District Judge or a Subordinate Judge whose decision was made final was a Court subordinate to the High Court the learned Judge reviewed a number of decisions of the different superior Courts in the Indian subÂcontinent which n..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur RahÂman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....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. ......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
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed withÂout, however, any order as to costs. Ed. ......k to the subject matter, consider the imÂportance of the provision that has been disÂregarded, and the relation of that provision to the general object intended to be secured by the Act; and upon a review of the case in that aspect decide whether the matter is what is called imperative or only dir..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......t has been held in these two decisions that the Court issuing a writ of certiorari acts in exercise of a supervisory and not appellate jurisdiction. One consequence of this is that the court will not review findings of fact reached by inferior Court or Tribunal, even if they be erroneous. This is on..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ng with the judicial interÂpretation of the said provision from time to time. The relevancy of such legislative changes to the interpretation of a certain statutory proÂvision was emphasised by the Judicial CommitÂtee, of the Privy Council in the case of Abdur Rahim and others Vs. Syed Abu Barkat......Vs. Mohan Vikram A.I.R. 1933 Pat. 435 where the majority of the Judges, viz., James and Agarwala, JJ, endorsed the Allahabad view, while Kulwan Sahaya, J, expressed the dissenting view, after a review of all the earlier cases, that the person competent to apply under Order 21, Rule 90 of the C..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ...... was filed against some of the officers of the Government, and Rule was issued on June 30, 1976. During the pendency of the said Rule, the Government filed the Review petition No. 1 of 1976 for the review of the Judgment of the Appellate Division. In the review petition it was seated, inter..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....age which was sanctioned by the custom of her caste, so far as the United Provinces were concerned. As regards the principle of Hindu Law; the learned Chief Justice relied upon the decision of the Judicial Committee in the unchastity case of Moniram Kolita vs. Keri Kolitani, L.R, 7 I. A. 115;&nb......ahabuddin, CJ. and Faiaz Ali, J, has given a well considered judgment on this question in the case of Saudamini Ray Malaker Vs. Narendra Chandra Barman, 4 D.L.R. 493 after reviewing all the conflicting authorities and accepting the view of the High Court of C..Category: Property Law | Date: | Hits: 59
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......e cases which were pending before any special Magistrate or special Tribunal and no other proceedings. 10. It may be pointed out that if the various provisions of the repealing Act arc reviewed, it would appear that almost all the offences mentioned in P. O. 50 have been incorporated..Category: Criminal Law | Date: | Hits: 113
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