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Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....7. In Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 a Full Bench of the Bombay High Court while interpreting the expression "the total number of councilors (other than associate Councilors)" in sec. 49(7) Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 noticed tha......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....ingh v. Shamlal Singh, 58 Indian Appeals, 125; Maharaja Sir Kesho Prosad Singh v. Bahuria Mt. Bhagjogna Kuer and others, AIR 1937 PC 69. In the last mentioned case the Judicial Committee of the Privy Council observed: "A judgment is not admissible as evidence against one which is a stranger to ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....uit for partition." The learned Judge then referred to the Principle of law as to partition as elucidated in "Freeman on Co-tenancy and Partition" and also relied upon the decision of the Privy Council in "Robert Watson & Co. v. Ram Chand Dutta and others" on which the learned Single Judge has...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......sted the election which was held on 10th February, 1988. After the poll was taken in 3 centres a dispute arose regarding the counting of votes in one centre, namely, South Charbarali Primary School Centre. The Presiding Officer submitted a report showing that the petitioner had got 296 votes in ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....s to interfere in cases of election because it is desirable that decision on a matter of disputed election should as soon as possible become final and conclusive so that the Constitution of the Council or Legislature may be distinctly and speedily known. There is another reason why the Court...... Civil Appeal No.2 of 1989 with Civil Petition for Special Leave to Appeal No. 23 of 1989. The election was held on 10.2.88 but the Election Commission directed re-polling in Shahab Ali Academy Centre and for acceptance of the result of Dattar Bazar High School Centre. The High Court Division ..Category: Election Law | Date: | Hits: 165
....to the purpose of the legislation itself. The gist of his argument can be summed up: "if the legislation is considered beneficial then why the defaulters are debarred from contesting only the Local Council elections. Why not the Parliament?
5. Mr. T. H. Khan learned Counsel appearing for the ......e the striking down of a law of one State on the ground that in contrast with a law of another State on the same subject its provisions are discriminatory. Nor does it contemplates a law of the Centre or of the State dealing with similar subjects being held lo be unconstitutional by a proc..
Category: Election Law | Date: | Hits: 212
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....essed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding.) Clause 9 was amended in 1929 following a decision of Privy Council in Hemendra Kumari vs. Middnapur Zamindary, A.I.R. 1919 P.C. 79. After the amendment the po......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....ence was called for The order of interest at the rate of 12% during the pendency of the suit and until realisation did not suffer from any illegality Reliance was placed on two judgments of the Privy Council, namely, Pannal Lal vs. Nihal Chand, AIR 1922 PC 46 and Lala Haki Rai vs. Lal Ganga Ram, AIR...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....ed by him within the statutory period." 21. In Ejaz Ali Qidwai vs. Special Manager, Court of Wards, Balrampur Estate, AIR 1935 PC 53, the Judicial Committee of the Privy Council, while referring to the principle of law regarding adverse possession, observed that:&......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....t alter the character of a suit." 11. As regards when the Court will exercise the discretion conferred upon it by the provisions of the Order 6, Rule 17, C.P.C. the Judicial Committee of the Privy Council bad the occasion to consider the limits on the Court's powers to amend the case of Ma Shwe M......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....originated from an incident which took place on 4 March, 1969 in the country house of P.W. 11, Nurul Huda, who ordinarily resides in Dhaka city. At the relevant time he was a member of the District Council. In connection with the shifting of a Charitable Dispensary he incurred the displeasure of ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... according to it. When the claim is founded on escheat the onus lies on it to show that the owner of the estate died without heir. In Grida Lal Vs. Bengal Government (1868) 12 M.I.A. 448. The Privy Council laid down that the onus is on the Government to show that the last proprietor of land died......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....m vs. Lal Mohar, 581. A. 254 and Muhammad Siddiq Muhammad Umar vs. The Australisia Bank Ltd., PLD 1966 SC 684. In the first of the cases referred to above, the Judicial Committee of the Privy Council while considering the provisions of Order 41, rule 27 C. P. C. observed as follows: ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....fully failed to obey it, the decree may be enforced by his imprisonment, or by the attachment of his property, or by both." 8. In the case of Kishore Bun Mohunt Vs. Prosanna Coomar 21 Cal 74 Privy Council had the occasion of considering the section. 9. In that case decree was not complied wit...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....difficulty to hold that 'business' is also a property. That business is a property is an established fact; it was held so as far back as in the case of the Trustees of Bombay Tribune, by the Privy Council, reported in 7 ITR 415. In the Bangladesh Statute, after the amendment brought about in 197......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....resence. They are P.W. 1 Paresh, the profounder, P.W. 2 Chandra Shekhar Majumder, the scribe, P.W. 3 Hare Krishna Devnath, a relation of the testator and P.W. 4 Abdul Huq, member of the Local Union Council. Their uniform evidence is that at the instance of Haricharan they and some other members o......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....cannot be said whether a co-partner has any interest at all in the assets or money. 15. In the case of Gopal Chetty Vs Vijayarghavencharjer, A.I.R. 1922 P.C.115, their Lordships of the Privy Council decided that even after dissolution a co partner has no right to sue for share of assets unt......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... question, whether on the death of a party occurring after the preliminary decree but before the final decree, the decree would be a nullity. The question has been finally decided by the Privy Council in the case of Laxmi Narayan Marwary Vs. Bal Mukunda Marwary, AIR 1924, PC 198. In that ca......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....n engages an Advocate or Vakil to conduct his case, it must follow that he authorises him to make binding admissions before the Court in the course of his conduct of the case. 13. The Privy Council, however, holds in the case of Shewnandan Prasad Singh Vs. Hakim Abdul Fatah Mahammad Reza,......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
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