Search Options
Judgment Advanced Search
Displaying 5301-5320 of 5565 results.
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......elivery of judgment is a part of the trial, it cannot be disputed that granting of stay is a matter of discretion for the court and it cannot be claimed by a party as a matter of right. Discretionary jurisdiction in such matters is exercised on equitable principles and one such principle is that del..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
.... No. 88 of 1972, PO No. 136 of 1972 and PO No. 24 of 1973 as valid laws, the order of temporary injunction could not be maintained. 4. Leave was granted on two grounds, firstly, whether the discretionary relief having been granted by the courts below by way of temporary injunction the Hig......Procedure. 2. The plaintiff bought a suit for declaration that the order of the Circle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without jurisdiction. In that suit the plaintiff prayed for temporary injunction. 3. The trial Court..Category: Civil Law | Date: | Hits: 106
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......he Act will not ordinarily go behind the Tribunal's findings of fact In a reference under section 66 of the Act the High Court Division, not constituted as a Court of appeal, exercises an advisory jurisdiction only and lays down the law in the facts found by the Tribunal. However, where the High..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... 5. Article 117 of the Constitution reads as follows: "117. (1) notwithstanding anything hereinbefore contained, Parliament may, by law establish one or more administrative tribunal to exercise jurisdiction in respect of matters relating to or arising out of‑ (a) the terms and conditions..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......rved in this case the High Court Division committed an error of law in reversing the finding of fact of the Court of Appeal below as to non‑service of summons upon the appellant in revisional jurisdiction. 9. Mr. AW Bhuiyan, the learned Additional Attorney‑General, appearing fo..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......rganj passed in Case No, 1 of 1962‑63 under the provisions of Transfer of Agricultural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaint..Category: Others | Date: | Hits: 178
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. ......ith the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without jurisdiction. 7. The appellants (in CA 22.91) in their affidavit‑in‑opposition, inter alia, s..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 ......ch of the High Court Division made the Rule absolute and quashed the proceeding. 8. Leave was granted to consider the submission that the High Court Division ought not to have exercised its jurisdiction at all under section 561A Cr PC Secondly, even if it was exercisable, there was no val..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......ift was incomplete as the same was made in favour of a minor by not giving delivery of possession by the donor and secondly, whether the learned Single Judge of the High Court Division exceeded his jurisdiction in Second Appeal in disturbing the finding of possession of the plaintiff made by the ..Category: Property Law | Date: | Hits: 56
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. ...... the appellant is allowed to urge further whether in the respondent's application under section 34, not raised as an industrial dispute under section 43 of the IRO the Labour Court could exercise its jurisdiction under section 36 and grant an order of stay. 3. Whether the Labour Court, 'deemed as..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ling of witnesses to attend the 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 st......ary Martial Law Court or a Special Martial Law Tribunal constituted under the said Martial Law Regulations shall, on the commencing day, stand transferred to the Criminal Court which would have jurisdiction to try the offence constituted by the facts of the case under the ordinary law and sh..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......ght not to have been accepted. He also submitted that, whereas the High Court Division was required in revision to consider only error of law, if any, committed by the District Judge, it exceeded its jurisdiction in entertaining new facts explaining the delay by way of admitting supplementary affida..Category: Limitation Law | Date: | Hits: 185
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......stion before us in this appeal is a question of great public importance. Both Mr. SR Pal and Kh. Mahbubuddin Ahmed cited before us a great number of decisions including some decisions from the Indian jurisdiction. Mr. Pal though he defends the High Court Division's decision in this case, has express..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......rt Division in Petition No. 252 of 1973). Judgment: Mahmud Husain, C. J.—This appeal by special leave is against a judgment of a Bench of the High Court Division passed in writ jurisdiction wherein the petitioner challenged the order dated 24.2.72 passed by Chairman, Labour C..Category: Labour and Industrial Law | Date: | Hits: 144
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. ...... thereunder was altered to one of fine. We are not, however concerned with the latter two accused in tin's appeal. Leave to appeal was granted to examine: i) Whether the High Court had jurisdiction to convict the appellant under section 302/149 in his appeal against his conviction u..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: ......ppellants who were not parties to the suit could be convicted for contempt of court for disobedience of the order of injunction; and (iii) whether the order of injunction was passed fully without jurisdiction on the ground of non-maintainability of the suit for non-compliance of the provisions o..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. ......isions of the Code as contained in 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 pro..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. ......ancelling the per- appeal was failed and the attention of the mission accorded in letter No. 881-T. P. Court having not been drawn to the detect dated 8-3-66. is illegal, void, malafide, with out jurisdiction and is not binding upon the plaintiffs and that the subsequent notices upon the plain..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....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....... a stock register was not a sufficient ground for rejecting the account of the assessee under the proviso to section 13 of the Income-Tax Act was a Judgment of the Kerala High Court of the Indian jurisdiction in the case of S. Veeriah Reddiar Vs. Commissioner of Income-Tax Travancore, Cochin, Ba..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......al being Criminal Appeal No. 113 of 1969 and affirmed the order of conviction and sentence passed by the learned Magistrate. Thereafter the accused-petitioners move the High Court in its revisional jurisdiction and obtained a Rule being Criminal Revision 150 of 1971 which was heard and disposed o..Category: Criminal Law | Date: | Hits: 66
100510041003999995994990987984982980979974971968967963962961958