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Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....respect of the whole Rs. 24,0007-, decided to take action under section 436 of the Code of Criminal Procedure, and against the aforesaid decision a revisional application was filed before the Oudh Judicial Commissioner's Court. The question that arose for consideration was whether the District M...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......rected the Collector of Bakarganj to initiate proceeding for early transfer of the char from Mehendiganj police station to Bhola police station. As against this order, some of the petitioners filed review application before the Additional Commissioner, which, however did not succeed. It is lastl..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......st two, but reference may be made in this connection to the judgment of the Supreme Court of India in Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446, where after an exhaustive review of cases it was held that the legal pursuit of a remedy, suit, appeal and second appeal are..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....aid to a person or not is to be decided on the basis of the surrounding circumstances in a case and a decision in this regard is to be based on the equities of the case. See the observation of the Judicial Committee in the case of Jai Berham vs. Kedar Nath Marwari 49. IA 357, and in the case of ......s, that the Chief Engineer subsequently set aside the award. It appears that on further enquiry in the matter the Chief Engineer by his order Exhibit dated 25.9.62 directed the Project Director to review the cases, as he had no jurisdiction to act as an Arbitrator in the matter. In our opinion, ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... latter case, of course, out of the parties who were of Mitakshara School of Hindu law. But the principle as to joint family property has been enunciated in general terms by their Lordships of the Judicial Committee, in the said case. While delivering the judgment in the said case of Must. Bhagw......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....e intention of the legislature would have been to protect only buildings and other structures of permanent build then the term "dwelling house" could not have been mentioned. In Stroud's Judicial Dictionary, Third Edition, Vol. 1 at page 903 a dwelling house has been defined as follows...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
...., Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiwana and another vs. Mst. Zainab Begum and oth...... the court itself depends, the court has either usurped a jurisdiction it does not possess or refused to exercise a jurisdiction vested in it, the High Court has every power under Article 98 to review such a decision". 14. In that case the Guardian judge as well as the Appella..Category: Property Law | Date: | Hits: 73
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....tmosphere prevailing in the country during pendency of the Rules. The offending Article tends to interfere with the administration of justice. Writing in such a tone by a member of the Subordinate Judicial Service is the grossest type of scandalisation of judges of the Supreme Court. On an inqui......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....tagiri Ayyangar and another vs Hindu Religious Endowment Board, Madras, AIR 1949 PC 156. There cannot be any question of disagreement with the principles of law laid down by their Lordships of the Judicial Committee in the cited decision as to the normal revisional jurisdiction of the Court unde......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....1942 Cal 99), Sreedhar Jew vs. Kanto Mohan, 50 Cal WN 14: (AIR 1947 Cal 213), and Sushama Roy vs. Atul Krishna Roy, 59 Cal WN 779: (AIR 1955 Cal. 624)” 10. In fact, much earlier, the Judicial Committee of the Privy Council pronounced in Pramatha Nath Mullick vs. Pradyunrnna Kumar M...... of the superior Courts of this sub continent over the subject. In Sri lswar vs Gopinath Das, AIR 1960 Cal 741, the Calcutta High Court had the occasion to consider a case of similar nature. After review of a considerable number of cases Mallick, 3 speaking for the Court said at P. 748: ..Category: Family Law | Date: | Hits: 156
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......e 134 (i) As malafide vitiates every exercise of power, a malafide exercise of pleasure by the President under Article 134 of the Constitution can be brought within the purview of judicial review, if the other provisions of the Constitution are not a bar…………&h..Category: Employment/Service Law | Date: | Hits: 89
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... dated 10 June 1997 passed by the Appellate Division in Civil Order No. 39 of 1994) Judgment Bimalendu Bikash Roy Choudhury J.- These 4 petitions are for review of the common judgment of this Court, dated 10 June 1997, by which Civil Appeal Nos. 39-42 o..Category: Property Law | Date: | Hits: 69
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......M Zahangir Hussain, 34 DLR (AD) 173 the High Court Division held that the Army Act, Army Act Rules and Army Regulations under which the four Notifications were issued are not amenable to judicial review under Article 102 of the Constitution. 5. Mr. AR Yousuf, learned Counsel for the pe..Category: Employment/Service Law | Date: | Hits: 77
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