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The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....e is as follows: "Notification No. 11309 Dacca. Mymensingh. For: The 23rd June 1928-- Whereas by notification No.588 T.B.dated the 23rd September 1925, issued under section 4 of the Indian Forest Act, 1878 (VXI of 1878), (Sic) and published at page 1641, part 1 of the Calcutt..Category: Property Law | Date: | Hits: 63
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ice of notice of enquiry could not vitiate proceeding nor will it have any legal effect on the impugned order. 13. The teamed Attorney-General placed his reliance in number of decisions of the Indian jurisdiction. In the case of N.P.T. Co. Ltd. V. N.S.T. Co. Ltd., A.I.R. (SC) 232 it was hel..Category: Election Law | Date: | Hits: 118
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....en now the point can be decided since important point of law has been raised on status and reliance was placed on 32 DLR (HCD) 187. The learned Judge noticed that 32 DLR 187 based its decision on Indian amendments of 1956. These amendments have not been made in the Succession Act in Bangladesh..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....e Private International Law had not fixed any definite criteria to look at the permanent residence and ordinary residence of a person. 25 years' residence in India was not sufficient to acquire Indian domicile because of his alleged intention to return to Scotland, the land of his birth (Jop..Category: Immigration and Citizenship Law | Date: | Hits: 214
Category: Business or Commercial Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....t strictly necessary for the disposal of that case. In that case a notice was served upon the appellant that he was in continuous occupation of certain property without any document which belonged to Indian nationals and to show cause why the said property should not be declared as enemy property. T..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....avour of the plaintiff. The defendants apprehended that the plaintiff would fabricate his Books of Accounts with respect to payments made by them and applied for the seizure of the account books. The Indian Supreme Court held that accounts books were not the subject matter of the suit, and rule 7 of..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....he sought election and placed reliance upon the case of Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966 SC 580. In that case a similar question as to when a contract subsists was considered by the Indian Supreme Court which also dealt with both executed and executory contracts and observed: "A..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....dants. Their case was that the suit property belonged to Surendra Chandra Saha, who let out the same to the plaintiff, defendants and father of defendant Nos. 4 and 5; that the sons of Surendra are Indian and hence after the death of Surendra it becomes enemy property and the Assistant Custodian..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....r. 7. In this connection, Mr. A. W. Bhuiyan has referred to a number of decisions to press his point that section 35A has not been repealed by necessary implication. One such decision is of the Indian Supreme Court in Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561. It was held in ..Category: Procedural Law | Date: | Hits: 124
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhuboni Sahu vs. The King, 76 Indian, Appeals 147; Pakala Narayan Swami vs. Emperor AIR 1939 P.C. 47; Hannmant Govind Nargundkar a..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....h Court had an occasion to consider the principles for determining the question as to who should be made a party to an application praying for a writ of mandamus under Article 226 of the Indian Constitution. Of them, the main principle stated was that any party likely to be affect..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....ugh two Films (motion pictures) got the same name, 'Virginia'. The ground for refusal was that there were two producers in two countries, one in India and the other in United States of America; the Indian film was in Urdu with Indian cast in black end white, depicting an imaginary story between t..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....t case. The decision reported in 27 I.C. 703 is worth quoting for its admirable brevity: The application to re-admit the petition for review it clearly barred by Article 160 of the Indian Limitation Act and I can find no ground for extending (even if I had the power to do so) the..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....er writ jurisdiction could be exercised in a matter arising out of a contract between the government and a private party is to be examined. 52. Learned Counsels for both sides sought reliance from Indian and Pakistani jurisdictions as well as from our own decisions in support of their respective ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....stion of mandatory injunction is in the instant case not of much significance since the plaintiff Corporation confined its relief to a prayer for prohibitory injunction. The view taken in the two Indian cases of Calcutta and Punjab High Courts as discussed above are found to be based on correct ..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....ncelling the agreement was a capital receipt in the hands of the assesses. 14. Though it is not safe to seek guidance from English jurisdiction as the Privy Council pointed out that the Indian. Act is not in pari materia with the English Act yet a clue can be taken as to how the Judi..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and the Indian Supreme Court in the case of A. K. Gupta and Sons Ltd V. Damodar Valley Corporation, AIR 19..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....on can be justified only by proof of necessity for the preservation of the endowment or institution." 13 A. Following Vidya Varuthi Thirtha vs. Baluswami Ayyar. AIR 1922 PC 123 the Indian Supreme Court held in Atyam Veerraju and others Vs Pechetti Venkanna and others AIR 1966 (SC..Category: Property Law | Date: | Hits: 36