Search Options
Judgment Advanced Search
Displaying 3081-3100 of 3272 results.
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. ...... them for purchasing the suit property, that he obtained the ex parte decree against the Mitras in accordance with law and got the sale deed executed and registered through court, that the alleged power of Attorney is a forged one, that defendants 4‑6 did not exchange the suit property wit...... Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Huq, Advocate‑on‑Record ‑ For the Respondent No.1. Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on ‑Record‑ Re......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. ..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. ...... as such its prayer was rejected. 31. Chapters IX and X of the Customs Act, 1969 relate to the "Discharge of Cargo and Entry inwards of goods" and "clearance of goods for home‑consumption". The powers and functions of the Customs officials in connection therewith are clearly laid down therein.......Appellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (......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
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......he parties with reference to title which is not contemplated in Section 145 Cr PC. 11. Mr. Abdur Rashid, learned Advocate for the second party‑respondents, submitted that the inherent power of the High Court Division under section 561A Cr PC can be invoked even by a party who has be......c. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. inves...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
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. ...... Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At t......hman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissi......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
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......he search did not vitiate the trial. 15. In Montreal Street Rail Co. vs. Normandin 1971 AC 170, 174 Sir Arthur Channel thus pointed out the distinction between discretionary and compulsory powers: "The question whether the provision in a statute are directory or impera......; August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....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. ......urely one of law relating to true meaning and scope of section 423 (1)(b)(2) of Criminal Procedure Code, namely, whether the High Court on appeal against the conviction regarding some charge, is empowered to alter the finding of acquittal in respect of other charge or charges into one of convict......sp; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), S......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
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... election of the Vice-Chairman. They, therefore, acted in utter disregard to and deliberate violation of the order of injunction of the court. Further they arranged and led a procession to show their power vis-a-vis the power of the court and they also uttered objectionable words derogatory to the p......hat when the petition for injunction was moved before the Munsif, M. A. Zaher, and Haji Jalaluddin Ahmed were present in the court precincts till the order of injunction was passed and they also came to know about the injunction order from respondent Mainuddin Ahmed. Nevertheless they participated i......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
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. ...... the various Orders in the Schedule to it may be invoked, so far as they are applicable, in an appropriate case. Moreover, the High Court exercising constitutional jurisdiction has also an inherent power in this regard. Under the general principle of judicial procedure as well as under the provis......Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate -on-Record.—For the Respondent No......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. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... 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. ......d presented to the Court or to such officer as it appoints in that behalf and has to be accompanied by a copy of the decree Appealed from and of the judgment on which it is founded. Rule 1 empowers the appellate Court to dispense with the filing of the judgment but there is no jurisdict......ip;……….Appellant. Vs. Waliullah and others……………....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of...... 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)
....me-Tax Officer that the computation of the taxable income of an assessee cannot be properly deduced from the account submitted by the assessee may affect the assessee very much so as to augment his financial burden by increasing his tax liability. The formation of such an opinion should, therefo...... be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individual or his rights such a person or body has the c......er of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: The appeal is allowed. Cases Referred to- Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd., LR 65 IA 1 = AIR 1938 PC 1= 42 CWN 194; ......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
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......ged company which operated several mills in India and also owned some godowns, situated in Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property......als. Vs. Commissioner of Income-Tax, Chittagong…………....Respondents in both the appeals. Judgment, Jan. 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......of the Company of 3.3.72 On 14.4.72 Mr. Saifuddin appointed respondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power of attorney appointing the said respondent No. 2 as their lawful attorney to manage the Compan......nt. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Maye......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ...... behalf of the appellant, has drawn our attention on the term of the Notification which calls for an interpretation in this appeal and is to following effect: "In exercise of the powers conferred by sub-section (1) of section 12A of the Central Excise & Salt Act, 1944 (I o......ellip;....Appellant. Vs. The Govt. of Bangladesh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lill......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
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. ......ncil with costs, the order as to costs is to be enforced by execution in the court which passed the order originally. It was observed that the Code is not exhaustive and that there; is an inherent power in the court to have the order for costs passed by it to carry into effect. In the case of Pa......ndra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975. Cases Referred to: Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856; Mohammad Baqar Vs. M......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
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....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. ......ircumstance the case is generally, sent back to the said Court for a rehearing of the/ matter on evidence by the same Court. The High Court may, however, hear the case on, evidence in exercise of its power under section 103 C.P.Code if it so choses. But in the said event, it shall have gone to into ...... Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; ......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 said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in them. In exercise of the powers under rule 182(1) (b) of Defence of Pakistan Rules was the Government concerned issued a noti......Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.......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
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......make such order as may be deemed fit in a particular case, the Tribunal shall have, no doubt, to declare the election to a particular office to be void as a whole but it would be perfectly within its power to direct that fresh polling shall take place only with regard to the polling centre where the...... The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellat......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......n perfectly clear by qualifying all those properties by using the expression, "belonging to the judgment-debtor" or "over which or the profits of which, he has a disposing power". 9. The subject matter of attachment in the instant case is no doubt a sum of m......J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment Aug. 4, 1975. Cases referred to: Gajraj Sheokarandas Vs. Hukam Chand Sarupchand AIR 1939 Bombay 90; Province ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
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 expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......of 1969). Judgment Ahsanuddin Chowdhury, J.—These two appeals, by special leave, arise out of a single judgment of a Division Bench of the High Court of Bangladesh refusing in exercise of powers under section 561A of the Code of Criminal Procedure, to quash the proceeding in D.A.B.C. R. ........ Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... contended that the service of notice as contemplated in section 8(2) of the Act is not a question of mere procedure but is of jurisdiction and that the condition precedent to the exercise of any power under the aforesaid provision of law, including entertainment of an application thereunder, is...... Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
993990987982980968967963962961959957956955954950947946945942