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Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ral appearing for the Caveator pointed out that the concept of "Permanent Bench" is nothing new and extensively referred to the establishment of the permanent Benches of the High Court from the Indian Jurisdiction. The learned Attorney-General contended that the establishment of the Permanent ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....ndal was not at all put to the accused as a circumstance appearing in the case against him. In the similar case In Sarwan Singh Rattan Singh vs. State of Punjab reported in AIR 1957 (SC) 637, the Indian Supreme Court considered the implication of such omission. It was observed '"Unfortunately, i..Category: Criminal Law | Date: | Hits: 159
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....ention that on the expiry of the period of the Agreement of Lease dated 1.9.78 the appellant has become a tenant by holding over, relied upon a number of decisions including some decisions from the Indian jurisdiction. In some of these cases tenancy was created by registered instruments and in som..Category: Property Law | Date: | Hits: 45
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....stered instrument. …………(14 & 15) Cases Referred to- Malik Din v. Mohammad Aslam, 21 DLR SC 94, Tepu Khan v. Rajani Mohan Das, 2 CWN, 501; Govinda Narayan Singh v. Shamlal Singh, 58 Indian Appeals, 125; Maharaja Sir Kesho Prosad Singh v. Bahuria Mt. Bhagjogna Kuer and others, AIR 1..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....uncil in "Robert Watson & Co. v. Ram Chand Dutta and others" on which the learned Single Judge has also relied in the instant case. 8. This case of Robert Watson & Co. has been also reported in 17 Indian Appeals, 110. It is a decision of the Privy Council upon an appeal from the decision of the C..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....eatise on the law relating to Easements in British India (page 203) pointed out the real distinction between the two rights. It says: "Customary easements, as they are called in S.I8 of the Indian Easements Act, should be distinguished from the customary rights referred to in S.2 Cl. (b)..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....l. Hence the jurisdiction of the High Court Division should not be available under Article 102 for seeking relief at the intermediate stage of the Election. 26. Mr. Pal referred to the decision of Indian Supreme Court in the Case of Ponnuswami Vs. Returning Officer AIR 1952 (SC) 64. In that cas..Category: Election Law | Date: | Hits: 165
Category: Election Law | Date: | Hits: 212
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....he loan or before proceeding to execute the decree for its repayment the creditor may seek to proceed against the guarantors or execute the decree against them. Reliance was placed on the decision of Indian Supreme Court in the Bank of Hibar Ltd. Vs. Damodar Prasad, AIR 1969 SC 7, 97. For that propo..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....h Court in the case of Jaharmal vs. Tejram Jagrup 17 Bom 235 on which the Dacca High Court based its decision in the case of The East End Agencies Vs. Mafizuddin, 20 DLR 1056 has been reversed by the Indian Supreme Court in the case as referred to above. 20. To consider the question whether a pa..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ust; the business of launch playing in this case being directly held and owned by the Trust is outside the ambit of the proviso. In support of this contention, he has referred to a decision of the Indian Supreme Court in Commissioner of Income tax vs. P. Krishna Warrior, ITR Vol. LIII—167 ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.....S. By this will the entire property of the testator was bequeathed to the appellant who is husband of Indu Prova, grand-daughter of the testator through his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attac..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....urt whereas the Calcutta High Court took a view that the original court retains the jurisdiction insofar as violations are concerned. Without expressing any view on the reasonings of the Indian courts, we respectfully point out that section 150 is the complete answer and the amendment ..Category: Others | Date: | Hits: 93
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....ntertainment of the fresh complaint is a mere abuse of the process of the Court, the learned Advocate further contends, and in support of this contention he has placed reliance upon a decision of the Indian Supreme Court in the case of Pramatha Nath v Saroj Ranjan, AIR 1962 SC, 876. 4. Before I ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....n of fact already decided one way by the Court of first instance has drawn attention of higher courts. In the case of Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115 the Indian Supreme Court reviewed the authorities and came to the conclusion as under: ..Category: Property Law | Date: | Hits: 30
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....rty neither could be charged with misappropriation of such property. This difficulty was realised and it was met by the enactment of a special provision. But there is no such special provision in the Indian Law. The learned Chief Justice offered a full force argument that the share of a partner in..Category: Criminal Law | Date: | Hits: 146
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... remarked that "no body of men, unless their thinking faculty had been completely paralyzed, could have returned a verdict of guilty of murder in the present case". The circumstances in the Indian Supreme Court case (PLD 1956 SC (Ind) 286) are far more incriminating; there was evidence of ..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....nt as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to..Category: Property Law | Date: | Hits: 36
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... AIR 1962 S.C. 240 and that the High Court acted without Jurisdiction in altering the finding of acquittal of Lakhan on the charge under section 302 and convicting him on the charge under section 326 Indian Penal Code and imposing a sentence of imprisonment on that charge. 21. In the Federal Co..Category: Criminal Law | Date: | Hits: 55
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ivate complaint is perfectly lawful. The learned Additional Attorney General has placed reliance upon the Allahabad case, AIR 1931. 443, and strengthened his opinion by referring to a decision of the Indian Supreme Court in the case of Patel Laljibhai v. State of Gujrat, AIR 1971 SC 1935 wherein the..Category: Criminal Law | Date: | Hits: 63