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State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....o a number of decisions regarding the principle of vicarious liability under section 34. These include the decision of Privy Council in the case of Mahbub Shah vs. Emperor (AIR 1945 PC 118), of the Indian Supreme Court in the case of and of this Court in the case of Abdur Rahim Mondal vs. Slate, ..Category: Criminal Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....im in the commission of offence, apart from the assertion, an afterthought, that he caught the deceased by hair. 8. ‘‘Before section 149 can be called in aid’’ in the Indian Supreme Court observed in Dalip Singh Vs. State of Punjab AIR 1953 SC 364 (366) "the ..Category: Criminal Law | Date: | Hits: 65
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....s. Kamlapath AIR 1957 Md. 201, relied by the appellant, it was held that the court at the place where the revocation of a contract was communicated would have the jurisdiction to try the suit. In Indian Pottery Works Vs. Dominion of India 66 CWN 29 it was held that in a case of breach of contr..Category: Business or Commercial Law | Date: | Hits: 124
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....is made for execution has no authority to execute it. Different High Courts took different views relying on either of the two decisions. In Mulraj Vs. Murti Raghunathji Maharaj AIR 1967 SC 1386 the Indian Supreme Court after considering a number of decisions of different High Courts approved the ..Category: Property Law | Date: | Hits: 98
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....to payment of the octroi. 6. The learned Additional Attorney‑General has tried to say that the requirement of a certificate in Item No. 22 is a mere technicality and has referred to an Indian decision in Pratap Singh Vs. Krishna Gupta, AIR 1966 SC. 140, and Craies Statute Law, 7th Ed..Category: Fiscal/Taxation Law | Date: | Hits: 92
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....of any substance. 13. In support of the assessee's contention that the expenditures were made for the protection of its business reliance is placed on the following observation of the Indian Supreme Court in Commissioner of Income‑Tax, Kerala Vs. Malayalam Plantations Ltd. [19..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....of violation of an entrenched provision in the Constitution, and hence Article 7, a provision similar to section 2 of the Jamaican Constitution is not attracted. 27. There was no provision in the Indian Constitution on the date of its commencement for establishment of Administrative Tribunals. I..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....as an admission that the executant had no interest in the property. 8. After considering aforementioned cases Thayil Manno and another Vs. Kottiath Ramunni and others, AIR 1966 (SC) 337 the Indian Supreme Court held that those cases do not lay down a proposition of universal application t..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
.... Mitras, who were made parties to the suit did not come to deny the transaction. It was a sufficient proof that there was a valid exchange and no further proof of the plaintiff’s title to the Indian property was necessary. 15. Mr. Huq submitted that in the facts and circumstances of ..Category: Property Law | Date: | Hits: 58
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....rum has got no relevance in the instant case, there being no question of the power of an appellate authority involved in the matter. 12. Respondent No.2 has also relied on a number of decisions of Indian and English jurisdictions in support of his contention that the Labour Court had jurisdiction..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... contention that Clause (e) in the Proclamation is directory in nature and for its non‑compliance the custody cannot be invalidated. In Pulukuri Kotayya and others Vs. King‑Emperor 74, Indian Appeals 1946‑47 65 (75) it was held that the breach of section 162 of the Code of Crim..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....the question before us in this appeal is a question of great public importance. Both Mr. SR Pal and Kh. Mahbubuddin Ahmed cited before us a great number of decisions including some decisions from the Indian jurisdiction. Mr. Pal though he defends the High Court Division's decision in this case, has ..Category: Tenancy Law | Date: | Hits: 97
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ompetent for the failure of the appellants to file a certified copy of the formal decree under appeal. But that case is not on all fours with the instant case, because in that case of the Indian Jurisdiction, the absence of a certified copy of the decree under appeal was detected before..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....others, AIR 1964 SC 1843, where similar view about the duty of the Income-Tax Officer under section 13 has been expressed in the following words:- "The only departure made by section 13 of the Indian Income-Tax Act from the tax legislation in England is that whereas under the English legislat..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....imited Company incorporated in India having its registered office in the city of Calcutta in India. By virtue of an agreement made on 19-3-47 the appellant became the Managing Agent of another Indian Company, namely, Kanknarrah Co. Ltd., hereinafter referred to' as- the managed company whic..Category: Fiscal/Taxation Law | Date: | Hits: 114
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....No. 28 to the category of the plaintiff and permitting him to prosecute the suit on behalf of the plaintiffs. It was stated in the application that the plaintiffs and the principal defendants being Indian Nationals and having resided in India the disputed properties had vested in the applicant def..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
...., a Division Bench of the Madras High Court has very concisely dealt with the point. A creditor wanted to realise his decretal dues against the judgement-debtor who was a railway employee of South Indian Railway Company and had deposited certain money as guarantee for due performance of hi..Category: Civil Law | Date: | Hits: 103
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....nkerton propounded the proposition as follows: "Before dealing with the particular grounds of appeal, their Lordships consider it desirable to make some general observations as to Indian Income Tax law, which may clear away a certain confusion of thought which would appear ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... as proposed by one party was considered to be an essential precondition to the making of an application under section 8(2) of the Arbitration Act. 31. A Division Bench of Madras High Court of the Indian jurisdiction had to consider, in the case of Union of India Vs. Mangal Das, reported in A.I.R..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
.... The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata Iron Steel Co. Ltd., Vs. Chief Revenue Authority, Bombay, 50 Indian Appeals 212; Commissioner of Income-Tax Vs. Arunachalm Chettiar, 1953 (23) I.T.R. 180; Sri M..Category: Fiscal/Taxation Law | Date: | Hits: 126