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Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......t and to make the term ''improvement schemes occurring in the former Act as synonymous with the term "project" occurring in the latter appears to be in exercise in futility. 10. The statement of law in Halsbury's Laws of England at page 62 of Volume 9 referred to by the learned Counsel for the ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....or decision either of the High Court of East Pakistan or of the High Court of Bangladesh, although an Appellate Division of the High Court of Bangladesh was brought into existence in August, 1972 (by amending President's Order No. 5 of 1972 by President's Order No. 91 of 1972) for hearing and determ......on from a Judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division — (a) certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or (b) has confirmed a sentence of death o..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......v Vs. Madhav Damadar reported in (1918) I.L.R. 42 Bombay 344 was inconsistent with Sakalaguna's case reported in (1928) 55 I.A. 243. Betamnont, C.J. then observed that "both under the common law and section 23(b) of the Specific Relief Act an option to repurchase property is prima facie as..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......l Majid prayed for a declaration that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by the Vice-Chairman of She East Pakistan Enemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Mes..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......llant to show cause within seven days as to why an order should not be made directing that the detenu be brought before the Court so that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner. The appellant had duly entered appearance and filed an ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ce No. 50 of, 1962, without being satisfied about the existence of the apprehension of the breach of the peace, was illegal and the learned Additional District Magistrate also committed an error of law in not releasing the land from attachment in the aforesaid circumstances. Mr. M. R. Khan the l..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......ection (1) thereof. It may also be mentioned that sub-section (4) of section 5 lays down that "the provisions of this section shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein-shall exempt any public servant ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......ion of all the circumstances to determine at what stage, if any, the right of private defence arose and when it ended and whether in its exercise there was any excess of the limits imposed by law and finally, if there was such excess, what punishment would be appropriate and in the circumst..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......eal field on behalf of the informant. Mr. Promod Chandra Bose who appeared from the informant appellant contended that the learned Judges of the High Court, committed an error of law in holding the section 34 was not applicable to the facts and circumstances of the case and in ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......hall be sixty days from the date of sentence and for an appeal under clause (2) shall be sixty days from the date of the order of acquittal. (4) The appeal may lie on matters of fact as well as of law. There are similar provisions in P. O. 8, Article 8(1) and 16 of which correspond to Article..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......ast their votes in the above circumstances. It cannot, therefore, be said that the appellant was denied the right of franchise by an act of any individual. It is obvious that due to the schema of the law the voters did not have any opportunity to exercise their right of franchise. In this view ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......ference, confirmed the sentence of death, and dismissed the appeal, 6. Mr. Abdur Rashed appearing on be half of the prisoner submitted that the prisoner was incapable to defend himself by a lawyer of his own. An Assistant Public Prosecutor appointed for his defence on the commencement of ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......of some immovable property by the exercise of such right, that is, a right to acquire by compulsory purchase some immovable property in preference to all other persons by means of pre-emption. The law of 'shufa' has been developed out of some 'hadises' (tradition) of the Prophet of Islam. Its fo..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ...... the Banking Companies Ordinance, and the learned Judges of the High Court Division were in error in applying the provisions of Companies Act and Clause 15 of the Letter Patent, when those laws are by necessary implication excluded by the provisions of the Banking Companies Ordinance. ..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......led by the landlord under section 167, B.T. Act. In support of these contentions Mr. Khandaker has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of the case as on..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......ndia died after about a year, in 1942, leaving the plaintiffs, his two minor sons and defendant No. 1 Rama Bose, his widow, who inherited it in equal shares under the Dayabhag School of the Hindu law. Interest of defendant No 1 was however limited to her life span, the two sons having got righ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......ssed that the respondent is entitled to the defence of privilege as because he published the complaint petition as an editor, printer, and publisher of the newspaper. He is, therefore protected by law. 13. The argument is misconceived. In section 499 of the Penal Code no such absolut..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ular case would depend on the nature of land, the person who holds such land and the relationship between him and the person who claims to pre-empt the land transferred by the former. Since the two laws, namely, Non-Agricultural Tenancy Act and the State Acquisition Act dealt with two kinds of l..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......a special type of One Member Company under section 8(2) of the Petroleum Act, 1974, He submitted that Bangladesh Petroleum Corporation and the Company are separate and distinct person in the eye of law and therefore the Jamuna Oil Company are required to hold annual general meeting under the Com..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ct of the suit property and to get the membership with the Baitul Aman Co-operative Housing Society Ltd; (iv) For any other or further relief or reliefs as the plaintiffs are entitled to in law and equity; (v) For all costs of the suit. 2. The application filed by the..Category: Property Law | Date: | Hits: 60
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