Search Options
Judgment Advanced Search
Displaying 5701-5720 of 6365 results.
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......functions of the District Magistrate. On many practical occaÂsions and for various reasons Additional DisÂtrict Magistrate has, of necessity, to perform the functions of District Magistrate. In the absence of general authorisation under law they may not be enabled to perform such acts. Legislature......ellant was not authenticated within the meaning of section 12 of the Act. It was, therefore, found by them that the impugned order passed by respondent No. 1 was not illegal nor suffered from want of jurisdiction. 4. As to the allegations that the impugned order was malafide because this was made..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ...... by the MaÂgistrate himself upon validly drawing up a proceeding under section 145 of the Code. It was further contended that this question was raised before the Barisal Bench on criminal Revisional jurisdiction. But the point was not dealt with or decided although it was noticed by the same Bench...Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......e from cusÂtody after the commitment and before the actual taking up of the case by the Court of Session. The court went on to observe that it would be inapt to say that the trial had started in the absence of the accused in the circumstances visualized and that it is clearly only when the accused ......the old provision of Chapter XXIII which provided for trial with the aid of assessors. He has submitted that the trial not having been held with the aid of assessors it was wholly illegal and without jurisdiction He has laid much emphasis on the word 'pending' as occurring in section 4 (1) of the Or..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......user in respect of Salimabad hat and even if it had such right it came to an end on the vesting of the hat in the Government under the provisions of the State Acquisition and Tenancy Act; that in the absence of any provisions of law and any right of immemorial user, the order passed by the Joint Sec......ered with by any executive order without following the principles of natural justice and also whether the concurrent finding of facts could be interfered with by the High Court Division in revisional jurisdiction. 15. During the hearing of the appeals two eminent Counsels appeared for the conÂte..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......he tenancy. Such payment on agreement by the landlord will be reimbursed by the tenants as per agreement in addition to the standard rent………..(11) Municipal tax paid by the tenant in the absence of any contract is adjustable against the rent…….(15) Cases Referred to- Shamsuddin......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......class power. As such he is subordinate to him and he should leave the station after intimating the contemner. In the Memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif Magistrate without intimation to the U.N.O. but hat also asked the Deputy Co......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......nder section 115 of the Code of Civil Procedure is available, it may first be seen whether there is any indication in the Ordinance as to solution of this problem. This kind of controversy, in the absence of such indention in the law concerned, can be reseed by the only means open to us namely, ......, his private or personal capacity but clearly indicates his office, that is, District Court of which he is the Presiding Judge. Court of District Judge is subject to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under sec..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......cumstances without proof, or at least without any direct proof, either of a marriage between the parents, or of any formal act of legitimating." (page 159). In that case, it was held, there was absence of circumstances sufficient to find or justify such a presumption or much an inference. ......er whether these conditions have been fulfilled by any individual. It is enough to notice that the assessment is to be made by the Administrator of Wakf Estate in Judicial manner (29 DLR page). Such jurisdiction exclusively conferred upon him by the law but his decision is not immune from challenge..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ...... was a mistake in method to read the general words of the decree as covering those very interests by reference to the mortgage deed and erroneous to direct execution of the decree passed in the absence of the Appellant, so as to affect his interests. In that case the question was whether......) 158 a decree was amended by the trial Court under section 152 so as to bring the name of the applicant upon the decree as judgment debtor. It was contended that the learned Subordinate Judge had no jurisdiction to amend the final decree at this stage of the proceeding since ha was functus officio...Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....rty, if special circumstances of the case outweigh such consideration. In exercising this power, the Court would, no doubt, be reluctant to allow such an amendment, which would have the effect of totally altering the nature of the suit, or take away a valuable right 'accrued by lapse of time, ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......in the court of Munsif 2nd Court, Sadar, Chittagong, for a declaration that the sale of Noabad jote No. 5 held by the Collector on 24th June 1953 and sold to the defendant-respondent was done without jurisdiction and was, therefore, void, invalid and inoperative. The sale did neither confer any righ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....ound by his admission that be was a tenant of the appellant who allegedly got no valid title to the premises. 10. Mr.T.H. Khan, learned Advocate for the respondent, has tried to make out a case of total non-payment of rent and has contenÂded that in the absence of reliable evidence that rent was......jecting the appellant's documentary evidence including a clear admission of the respondent that he was a tenant under the appellant and also for the view taken by the learned Single Judge that in the absence of satisfactory proof of payment of rent the "respondent was not a tenant of the appellant w......ing that both Exts. 1. and 3 are genuine docÂuments and were acted upon is a finding based on proper consideration of evidence and as such this finding was not open for re-opening in the re visional jurisdiction of the High Court Division. 9. Mr. Asrarul Hossain has laid considerÂable stress on..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......perative dank as a matter of legal right. In that connection their Lordships referred to a previous decision in the case of Mehrajuddin, as stated above, which is to the following effect- "In the absence of proof that any statÂutory duty was involved or that any legal right was being enforced o......d or that the performance of a public duty was being claimed it is clear that a mandaÂmus could not have been issued conÂsistently with the relevant practice and precedent". 12. As to the Indian jurisdiction, the learned Additional Attorney General has refÂerred to the cases of Dr. S. L. Agarw..Category: Employment/Service Law | Date: | Hits: 124
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....tax under section 18A of the Income Tax Act." 3. In this case, the Deputy Commissioner of Taxes found that the assessee did not comply with the provision of section 18A of the Income Tax Act. Upon total income of the assessee, the Deputy Commissioner charged an additional amount of tax of Tk. 4,6......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......e) section 195 of the Code requiring a complaint from Court for cognizance inconsistent with any provisions of this Act, particularly section 4 which simply provides that the Special Judge shall have jurisdiction to take cognizance of any offence upon a complaint of facts constituting such offence o..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......visions of secÂtion 4 (1) of the Act, submitted that section 4 provides nothing more than mentioning the authority to whom the declaration for running of a Press is to be made and subscribed. In the absence of any specific provisions as are found in some special laws like Cattle Tresspass Act, or t...... make declaration.— (1) No person shall keep in his possesÂsion any press for the printing of books or papers, unless he has made and subscribed before the District MagisÂtrate within whose local jurisdiction such press may be a declaration in Form A. (2) As often as the place where printing ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
..... 2 dated 11th January, 1972 for supply of petrol, Tk. 5,000/- for plaintiff-appellant's furniture such as chair, table, fan and teleÂphone etc., and Tk. 35,000/- as price of oil, diesel, mobil. The total amount of Tk. 47,330/- was ordered to be paid within 60 days from the of date decree. The lear......xpress terms of the agreement between the Appellant and Respondent and such act is reprehensible………(27) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide...... (SC) 550 and Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mal..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... Sub-section (b) reads as under: "(b) in an appeal from a conviction (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of compeÂtent jurisdiction subordinate to such Appellate Court or committed for trial, or (2) alter the finding, m..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....anage the company all by himself withÂout constituting a Board as required under law and the Articles of Association of the Company. The heirs of M. A. Jalil and Mr. Yusufuddin Mia having 50% of the total shares were not represented in the Board nor any meeting of the share-holders was called to fi......d be granted in the same proceedÂing and further whether the view taken that consequent upon the repeal of the Letters Patent and section 100 C.P.C. appeal would lie to the Appellate Division in the absence of any Legislation. 9. Mr. Rafiqul Huq appearing for the appellant contended that the pro......Companies Act precluded appeals from judgment and order made under the Act, except those which are made under sections 38 and 153(7) and 202 of the Act. It is submitted that in the absence of any law jurisdiction cannot be conferred for hearing an appeal by any authority. 10. Mr. Amirul Islam, le..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......d. Reliance was also placed in the decision of Abdul Quader ChowÂdhury and other Vs. The State, 28 DLR (AD) 38 and the passage quoted is as under: "A third category of cases in which the inherent jurisdiction of the High Court can be invoked may also arise, in Cases filling under this category t..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......ure intended that a decision which has alÂready been implemented before the amendment would remain unaffected by the amendment, it would have expressed this intention in clear specific words. In the absence of any such express provision in the amendment, it is very difficult to read in it a line of......etition shall be final. (4) Any person aggrieved by a decision of the Election Tribunal may, within thirty days of the announce of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in disÂpute was held; and the decision of the District Judge on such appe..Category: Election Law | Date: | Hits: 152
16211619161816171616161516141613161216111609160616031602160116001598159715951594