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American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....ed extraction of ores from the soil of New South Wales and was put in a merchantable condition and then sent to the colony of Victoria for sale, their Lordships of the judicial committee of the Privy Council held that there are four processes in the earning or production of the income of a mining co......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... is a general term and sometimes used also to indicate the interest of a tenure holder and it is not necessarily equivalent to a raiyati jote, as was observed by the Judicial Committee of the Privy Council in the case of Midnapore Zamindary Co. Vs. Naresb Narayan Singh L.R. 48 I.A. 49. I.L.R.48 Ca......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....rt's decision on certain issues, there may not be any necessity for demand of the suit for the disposal of the undisposed of issues. 15. The first case in which the Judicial Committee of the Privy Council emphasized this principle is that of Tara Kant Banerjee Vs. Puddo Money Dossee (1865) 10 M.I...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
....emoval of that barrier and there is nothing to prevent the enjoyment from which he had been excluded by the leasse."
29. This view of Jenkins, J was approved by the Judicial Committee of the Privy Council in Abhirain Goswaini Vs. Shyama Charan Nandi, 36 IA 148; 36 Cal 1003; 14 CWN 1; Raja Kumar T......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....) Vs. The Government of Bangladesh and others...................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 (AC) 374. La......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......his effect but, whether this is so or not, the principle that arbitrators must consult before issuing their award is well-recognised."
38. The aforesaid principle was endorsed by the International Centre for the Settlement of Investment Disputes (ICSID) in the matter of Klockner Industries Vs. Un..
Category: Alternative Dispute Resolution | Date: | Hits: 385
....of the services of the employees of the development projects for overall economic development of the country, which had started after 30th June, 1997, the Executive Committee of the National Economic Council (ECNEC) at its meeting dated 31st December, 2007 had taken decision to transfer all personne......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
..
Category: Others | Date: | Hits: 172
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......n 9-2-97 to 10-5-97. The petitioner, also claims that he is still working as a Professor of the Medical Education. In this connection he has annexed the certificate from Professor MH Molla, Director, Centre for Medical Education. Mahakhali, Dhaka (Annexure-‘E’) to the effect that “Professor MA..Category: Employment/Service Law | Date: | Hits: 120
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
.... and so held that the plaintiff not being a person interested in the waqf was not bound by the order of the Administrator and hence his suit as a whole was competent. Mr. Ahmedur Rahman Khan, learned Council appearing for the appellants has impugned the decision of the single judge affirming the dec......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....t in preference to those made in cross-examination. 18. Controversy arose as to the method and procedure of applying section 288 Cr.P.C. In the case of Fakira Vs. Emperor, AIR 1937 (PC), 119 Privy Council took the view that once statement of the witnesses is transferred u/s 288 Cr.P.C. it is a ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....laint under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 alleging that during the subsistence of their marriage the respondent without previous permission in writing of the Arbitration Council contracted a second marriage with Marium Khatun on 17.8.75 and, without her consent, thereby...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..Category: Family Law | Date: | Hits: 166
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....and save as by such Letters Patent may be otherwise directed, and subject and without prejudice, to the legislative powers in relation to the matters aforesaid of the Governor General of India in Council, the High Court to be established in each Presidency shall have and exercise all jurisdictio......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... Court of Sadar Diwani Adalat in cases brought before them in appeal which involved the rights of claimants to lands gained by alluvion or by dereliction of rivers or the sea, the Governor-General-in-Council has deemed it proper to enact the following rules for the general information of individuals......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......Chief Metropolitan Magistrate. Dhaka against the accused petitioners alleging that he is the Member being No.884 of The Metropolitan Christian Co-operative Housing Society Limited of Church Community Centre, 9, Tejkuni Para, Tejgaon, Dhaka. The said Society was formed in 1977 to solve the residentia..Category: Criminal Law | Date: | Hits: 86
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......4. 4. The brief fact of the plaintiffs case is that the plaintiff is an eye consultant (eye specialist) of Feni Sadar Hospital at present. The plaintiff after passing MBBS he joined at Kalidah Sub-Centre as Medical Officer and while serving there the father of defendant No.2 requested him to marr..Category: Family Law | Date: | Hits: 167
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
....of the respondents. In the absence of pleading and the affidavit of the respondents in support thereof, the whole exercise done by the High Court cannot but be termed to be speculative.”
17. In Council of Civil Service Union Vs. Minister for the Civil Service, (1984) 3 Ali ER 935, the House of......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....the Government. 6. The conclusion drawn from the Constitutional provisions and the rules of business provided thereunder, is that the executive authority of the State vests in the cabinet or the Council of Ministers. It may be that sometime it vests in an individual minister or on a particula......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....ss or to interfere with or prejudice parties or their witnesses during the litigation amounts to a contempt. But at the same time we must point out in the words of the Judicial Committee of the Privy Council in the case of Shamdasani Vs. King Emperor (1), which were re-emphasised in the recent case ......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....rder when he himself engaged in setting that judicial order at naught by disobeying the same with impunity. It would be contemptuous too. 13. Their Lordships of the Judicial Committee of the Privy Council in the case of R.V. Bertrand held thus: "The inherent prerogative right and on all proper......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
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