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Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....d by the Government under any law." Cornelius, CJ in DMD National Bank vs. Ataul Huq in DLR (SC) 74 observed: "The expression ‘local authority’ has been used in statutory phraseology in the Indian sub-continent for a great many years, and is always understood to mean an authority which is ..Category: Property Law | Date: | Hits: 34
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....61 Madaya Pradesh 340; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dae 610. Mrs. A. Ananthalakshmi Ammal vs. Tijjin's Barytes, Asbestos and Paints Limited, AIR 1952 Mad 60 at para 3; The Indian Spinning Mills Ltd. vs. His Excellency Lt. General Madan Sharnsher Jang Bahadur Rana, AIR 195..Category: Business or Commercial Law | Date: | Hits: 111
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....rate.” 13. In this connection the learned Additional Attorney-General referred to the case of Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129, Here, an extradition offence was committed in an Indian state by a person who was liable to be arrested in British India on a warrant issued by the P..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....e exercise of such extra-ordinary jurisdiction under section 561 A) should only be done in exceptional cases-the emphasis is on the "interest of justice." In Rajpati Vs. Bashan AIR 1981 (S.C.) 18 the Indian Supreme Court took the view that the High Court acted illegally in the exercise of its extra-..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....and gunges was very broadly claimed. In expressing the opinion that even if such an authority which never appeared to have been exercised, nor such a right had ever been claimed or adjudicated in any Indian Court, the learned Judges observed: "No doubt such privileges conferred by a grant from th..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....of the resolution never to repeat again; and (v) Whether he made humble submission to the authority of the Court." 19. In the case of Asharam M. Jain vs. A. T. Gupta, AIR 1983 SC 1151 the Indian Supreme Court has, while, considering whether unqualified apology tendered by the contemner..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....stava Vs. Bhupendra Kumar Jain, AIR 1977 SC 1703 the validity of an election to the Bar Council of Madhya Pradesh was under challenge before an election tribunal (set up by rules framed under the Indian Advocates Act) where the election petition was pending. Two voters invoked the writ jurisdic..Category: Election Law | Date: | Hits: 154
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... the Court has power to rectify it; and (2) where the Court itself finds the judgment as drawn up does not correctly state what the Court actually decided and intended." 19. Coming to the Indian subcontinent in the case of C. K. Mukhopadya vs. S. M. B. Debi reported in AIR 1924 (Cat) 895..Category: Property Law | Date: | Hits: 48
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....e question of guardianship of minor children leaving scope for difference of opinion, there being no definite rule in the Quran of Sunnah on the matter. 19. It appears that superior Courts m the Indian Sub-continent considered if permissible for Courts to depart, from such rule, that is to say,..Category: Family Law | Date: | Hits: 152
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....he Government Service Rules will not have my statutory force. These Rules are merely for the managing committee's guidance and reference. In this connection a number of decisions of both Pakistan and Indian jurisdictions have been referred to by the learned Additional Attorney General, and we pr..Category: Employment/Service Law | Date: | Hits: 124
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
.... 141 and 141A refer to offences discovered by a particular procedure. They impose no restriction on the manner in which offences may be taken cognizance of." 18. In the case of All India Anglo Indian Association Vs. R. A. Massey AIR 1956 Punj 210, the Court, in considering as to whether in re..Category: Criminal Law | Date: | Hits: 59
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....sions of this section. In view of the aforesaid provision a duty is cast on the appellate court to dispose of the appeal on merits. In the case of R.G. Jadav vs. State of Bombay AIR 1960(SC) 748, the Indian Supreme Court had considered similar case and observed: ''It seems to us however, having..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... was left open for future decision when the occasions required. We consider that occasion has not arisen before us either since in view of the construction which we have adopted of section 202 of the Indian Companies Act, the scope of the expression "judgment" in the Letters Patent does not call f..Category: Company Law | Date: | Hits: 195
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....stealing a march by the respondent on the appellants. No Court adjudicating issues between the litigants can allow doing this and Order 41, rule 27 precisely provides for such situation. 11. The Indian Supreme Court took the view that additional evidence may be allowed not only to enable the co..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....66 (S.C.) 405 expressed itself fully on the point in the following passage :— "Admissions are substantive evidence by themselves, in view of sections 17 and 21 of the Indian Evidence Act, though they are not conclusive proof of the matters admitted. We are of ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....Madras and another Vs. K. M. Rajagopalan, in A.I.R, 1955 S.C. 817 is on the effect of political change in India in 1947 wherein option, was given to Government to continue in service an Indian Civil Servant. The principle enunciated therein has no manner of application in the facts of..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....onnection he referred to the decision of the Supreme Court of Pakistan in the case of Government of West Pakistan Vs. Fida Muhammad Khan reported in 12 D.L.R. (S.C.) page 50 and the decision of the Indian Supreme Court in the case High Court, Calcutta and another Vs. Amal Kumar Roy and others re..Category: Employment/Service Law | Date: | Hits: 87
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ion, the High Court Division has no jurisdiction to grant Bail in an application filed thereunder. The learned Attorney-General, in inviting our attention to the language of Article 226 (i) of the Indian Constitution, which specifics the kinds of writs that can be issued, contended that the conc..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... definition of section 3 of the Evidence Act. It simply says that the Court may "take into consideration such confession". In the case of Bhuboni Sahu Vs. The King, reported in L. R. 76 Indian Appeals page 147, the Privy Council stated as follows: "But a confession o..Category: Criminal Law | Date: | Hits: 60
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....the date of its execution it seems to us that the argument that it could be postponed to a later date—either the date when the registration was complete under the terms of Section 61 of the Indian Registration Act or to February 7, 1947, when on the registration receipts having be..Category: Property Law | Date: | Hits: 45