Search Options
Judgment Advanced Search
Displaying 2281-2300 of 2464 results.
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....uthorities, mostly of the Privy Council, cited from the Bar, for which we are thankful to the learned Counsel of both sides for the labour undertaken by them, may be discussed to ascertain the true scope of the two propositions set out above. 10. The earliest case is that of Tacoor Deen Tewary......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared properties of certain categories of owners as abandoned property, all these properties coming within the scope of the Order shall vest in the Government on the commencement of the Order on 28-2-1972 and sh......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....king such order, and we think that is in accord with the language of the Code where no such qualifying word has been used. We do not find any cogent reason to restrict the language and limit of its scope and operation. 11. Another contention raised by Mr. Rafiqur Rahman in support of exclusion ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....t is now well settled that a revision under section 25 of the Small Cause Courts Act lies if there is an error of law involved in the decision of the trial Court. A revision is available with a wider scope than that under section 115 of the Code of Civil Procedure. They are now well settled and requ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....ceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has no existence in the eye of law and it must be set aside. Such enquiry is permissible within the scope of Order IX, rule 13 of the Code of Civil Procedure……….(4) The last Court of fact h......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....inforced in my view because of the fact that the expression 'charitable purposes' has been used in this sub-clause in a comprehensive and general sense to include an absolute trust, and there is no scope to allow any other notion of charity to arise except the one as understood in the ordinary sen......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....nce of a guideline as to the case to be transferred to the Martial Law Court by the Government, or after amendment, by the Chief Martial Law Administrator, clause (2) of Regulation No. 3 provides the scope for arbitrary exercise of the power that is by pick and choose process, as such clause (2) of ......din and (5) Rouf under section 148-149 448-364-302 and 201 of the Penal Code read with Special Powers Act, 1974. On submission of charge sheet some of the accused surrendered and were released on bail; and accused Chand Meah absconded and did not surrender. In due course the case was sent to the..Category: Criminal Law | Date: | Hits: 294
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......er to save the principal accused. The petitioner was arrested under a warrant of arrest issued against him by an order of the Sub-Divisional Magistrate on June 10, 1978. Later on he was released on bail by the Sessions Judge, Dacca. In pursuance of the aforesaid notification, the police station ca..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....(b)(II). When no Tribunal has been set up, any reference to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....nt case. 14. In the context of the language of section 96 of the Act we have no doubt that the word 'contiguous' as occurring in the section means touching to the land transferred, and there is no scope for giving a different interpretation. A citizen's right to deal with his property freely, in ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ...... the case has been charge-sheeted omitting the Special Powers Act. If it be so it is very clear that there is no ingredient of Special Power Act. Seen the record also. The offences alleged are all bailable except u/s 379 B.P.C. Considering all the aspects the accused persons are granted bail of ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....heir jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division. 37. So far as the second question is concerned, there is hardly any scope to advance argument that the Special Tribunal ceased to have jurisdiction to try the offence a......s Act it is denied. Thus the procedure has substantially been changed under the Special Powers Act. It is too late in procedure law because our codified law contains the beneficial measures namely, bail." 10. In their view, therefore, by deleting these offences by the amendment the legislatur..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....ent: Kemaluddin Hossain CJ.- This appeal is on grant of special leave. Interpretation on the scope of section 105(1) of the Code of Civil Procedure is involved in the present appeal. 2......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......ult, we find that the appellants conviction is based on no evidence. The appeal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....Kari. In view of concurrent finding that Sadat Ali Kari was a non-notified co-sharer and the pre-emptee could not establish by leading evidence that he had knowledge about the transfer, there is no scope for raising the question of waiver of the right. Both the contentions of the appellant fail. ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....junction by filing a written objection on 10‑2.90, stating, inter alia, that the contesting defendant has not constructed any new building on one inch more than what he had before, nor is there any scope for any encroachment. There was and is no vacant space in between plot Nos. 798 and 799. The p......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ...... lost his job long ago and at present he is almost invalid. The learned advocate also submitted that the respondent had undergone imprisonment for some months in two terms before being released on bail. 13. The alleged offence was committed in 1961‑62 and the respondent faced two t..Category: Criminal Law | Date: | Hits: 41
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......t or lawful ground for such proceeding or charge. The learned Magistrate took cognizance and summoned the appellant under section 211 Penal Code. The appellant appeared in court and was released on bail. The appellant then moved the High Court of Calcutta for quashing the proceeding pending again..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....e was decided on other grounds. However, an observation was made in the Judgment of that case expressing doubt about the validity of APO No. 1 of 1972 since 28 February, 1972. On examination of the scope and field of both the statutes, I reject this argument that the APO No.1 of 1972 was repeale......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....for him is to send the name of the elected person to the Election Commission for notifying the election in the official Gazette. If these duties are performed in due and normal course there is no scope for the Election Commission to intervene. After the notification any dispute regarding the......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
12771270126912611260125712541251124912421238123412311230122812271216120712021198