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Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
.... of section 92 and section 92 would be inoperative without the aid of section 91. 11. In Joseph Darmanion Vs. Camel Michallef A.I.R. 1946 P.C. 50 it is held by the Privy Council that while construing a written contract, the court will be erring in approaching the questi......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
....
High Court Division
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and o......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....man Bhuiya & ors. Vs. The Commissioner of Narayanganj Municipality & ors. 1958 10 DLR 431. In this decision Hamoodur Rahman, J. on assessment of decisions of the various High Courts and Privy Council held as follows: “It is unfortunate that this aspect of the question was neither ......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... stage is reached no 'action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C.......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....tage is reached no “action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C.......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....Vs West Punjab Factories Ltd, AIR 1966 (SC) as page 395; Pakistan Eastern Railways Vs. Matiur Rahman and others (1968) 20 DLR 318; Pakistan Vs. Amin Jute Mills, (I973) 25 DLR 307; Governor-General in Council (now Union of India) Vs. Mussaddi Lal, AIR 1961 (SC) at page 725; 20 DLR 315; 25 DLR 307 ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... against it lay only in an appeal to the Commissioner under section 2 of Act Vlll of 1868. in support of this contention he has relied upon a decision of the Judicial Committee of the Privy Council, Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165. In that case a suit was f...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... against it lay only in an appeal to the Commissioner under section 2 of Act VIII of 1868. in support of this contention he has relied upon a decision of the Judicial Committee of the Privy Council, Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165. In that case a suit was f...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
....ntive post. In 1964, there was a police verification of his antecedents and he learnt from his cousin and next door neighbour Md. Alimuddin that his cousin along with Md. Akkel Ali, a member of Union Council went to the Police Station and supplied necessary formation as to the plaintiff's antece......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....arers out of possession constitute ouster, the ousted co-sharers may also bring a suit for joint possession and compensation. In one of the early decisions of the Judicial Committee of the Privy Council, Sir Earnest Peacock, in delivering the judgment of the Judicial Committee, laid down the la......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....er 9 rule 13 to be applied to proceedings as the present one.” even though the question of applicability of Order 9, rule 13 was not directly at issue in the said Privy Council Case. In a similar case under a different statute, namely West Pakistan Urban Rent Restricti...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....e effect like alleged loss of employment to its employees. In support of this contention Mr. S. R. Pal cited to us "Thomas Dear and Sons (India) Limited Vs. Prayag Narain" A.I.R. 1940 Privy Council 86. In this case dispute arose between two users of mark of elephant, one for cigarette and ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....t;nominee". 20. Mr. Rafiqul Huq has stressed the legal requirement for registration of a deed of transfer under section 17, Registration Act and has referred to a decision of the Privy Council- A.I.R. 1938 P. C-20. In that case the intended lessee was put into possession of a land in ......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....sion or occupation, which was to be prepared under Chapter X. The term itself seems to be self-expressive, Sir Lawrence Jenkins in delivering the judgment of the Judicial Committee of Privy Council in the case of Dakas Khan Vs. Ghulam Khan Qasim ILR 45 Cal 793 28 C L.J. 441 explained the n......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....picion' of the Police Officer and the 'satisfaction' of the executive authority has no significance because the conception that was expressed in the case of Shibnath Banerjee by the Privy Council guided by the principle of Liversidge Vs. Anderson was not available for interpretation of t......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
....be, may not merge in the order of the superior tribunal and may preserve its distinct identity.
19. The principle of merger appears to have been recognised by the Judicial Committee of the Privy Council in the case of Brij Narain Bahadur Vs. Rujbal Bikram Bahadur L.R. 37 I.A. 70; ILR 32 All. 29...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ave been informed by Mr. Ishtiaq Ahmed that there has been a shift in the policy with regard to the post of Director since 1969 and as late as in 1977 the Executive Committee of the National Economic Council approved the development scheme of the IPGMR to which the Government also accorded its ......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....ed by this Act which, besides being not a fiscal statute, did not, as appears from its provisioners, confer the power to tax upon a named authority. As observed by the Judicial Committee of the Privy Council, taxation to be effective must be imposed by clear words. Vide Royal Trust Co. Vs. Mini...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....t necessarily be retrospective but every retrospective law is not ex-post facto law, 28. On the question under consideration we get substantial guidance from the celebrated judgment of tie Privy Council in the case of Colonial Sugar Refining Co. Ltd. Vs. Irving 1905 AC 369, which has been follo......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....eferred to- Gour Chandra Saha Vs. Vice Chairman East Pakistan Enemy Property, 21 D.LR. 535; M.M. Mansur Ali Vs. Arobinda Shekhar Chatterjee, 21 D.L.R. (S.C.) 20; Berkshire Country Council Vs. Reading Borough Council, 1921 (2) K. B. 767; Porter Vs. Fredenberg, (1915) 1 K. B. 857;......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
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