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Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... District Judge or a Subordinate Judge whose decision was made final was a Court subordinate to the High Court the learned Judge reviewed a number of decisions of the different superior Courts in the Indian subcontinent which need not be considered afresh by us, and reached the conclusion that "if..Category: Trust/Waqf Law | Date: | Hits: 182
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....rict Judge dismissing their application for setting aside the sale, a Division Bench of the said Court expressed its dissent from the general formulation of the law as made in the aforesaid two Indian decisions to the effect that the word, 'interest' as used in the rule meant..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....cretion, Precisely for this reason, elaborate provisions laying down procedure for issue of commission or letter of request for taking evidence in particular foreign countries of British Indian Courts were sought to be incorporated in Civil Rules and Orders, Part 1, Chapter II, Se..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... such forfeiture and that the provision of the Act XV of 1856 would have no application to such a case. 27. In this state of judicial authorities of the Indian High Courts, a Full Bench of the Allahabad High Court had to review its exceptiona..Category: Property Law | Date: | Hits: 59
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....oration (1971) 1 WLR 1578—(1971) 12 All ER 1278; Morrison Vs. Abernathy School Board (1876) 3 R 945; Executive Committee for U.P. Warehousing Corporation Vs. Chandro Kiron Tyagi AIR 1970 SC, 1244; Indian Airlines Corporation Vs. Sukhdeo, AIR 1971 SC 1828; Dr. S. Datt vs. University of Delhi, AIR ..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... substantiate on evidence, the prosecution case as a whole must fail and the appellants could not be convicted under section 364, Penal Code. On this point reference was made to some cases of Indian jurisdiction namely, Alimjan Bibi Vs. Emperor, A.I.R. 1937 Cal. 578, Upendra Nath Ghose Vs. ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
.... suspicion the team followed the truck. Suddenly the driver stopped the truck reaching near the graveyard at Swamibagh and fled away abandoning the truck. The said team found the truck loaded with Indian Sharis and seized the same. Thereafter customs departmental proceeding was started. &..Category: Business or Commercial Law | Date: | Hits: 99
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....ration of the Government or the Review Committee as to whether a Government servant should be retired or not after he has put in the required number of years in Government service. The cases from the Indian jurisdiction are indeed cases as to whether the guidelines have been followed or not and ofte..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....er, and even though Article 106 says that this Court "may" report its opinion, the returning of a Reference must not only be for good reasons, as held by the Federal Court in AIR 1943 (FC) 13 and the Indian Supreme Court in AIR 1974 (SC) 1682, but also for such weighty reasons that this Court has no..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....uted. The trial Court correctly held that if the miscellaneous case is proceeded with, conflicting decisions may be given which may lead to serious complications. Our Trusts Act is the same as the Indian Trusts Act of 1982. I may refer to the following observation of Davis CJ in Tirathdas vs. P..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....al wrong inclusive, in its proper legal sense, of suits by the Crown" 8 AC 353 (P27). Further, the author says, "The word "action" was not a word which was used in Indian law and therefore that word must be given the meaning which it had in English law..........Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ed the objection of limitation for executing the decree dated 31.3.1970 passed in other class Suit No. 149 of 1967. They also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in posses..Category: Civil Law | Date: | Hits: 109
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... matters as those to be dealt with under Rule 26 could be dealt with in accordance with Rules of Business. The minority view was approved by the Privy Council in the appeal taken by the Crown (LXXII) Indian Appeals 24 1). 32. The High Court Division noticed that in that case the detention order p..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....in section 22 (11) itself. It provides that the discretion of the Court is not arbitrary, but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The Indian Supreme Court, in Salyanarayana vs. G. Yelloji Rao, AIR 1965 SC 1405, elaborately discussed..Category: Property Law | Date: | Hits: 69
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....eserves no serious consideration. The appellant's progress with its project was never inquired into by any of the respondents at any time. In any view of the matter, the following observations by the Indian Supreme Court in the case of MP Sugar Mills Co. Ltd. vs. The State of Uttar Pradesh, AIR 1979..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ion any infringement relating to his service. 6. In a number of decisions the India Supreme Court has accepted the position that the pleasure doctrine under clause (1) of Article 3 10 of the Indian Constitution is not based on any special prerogative of the Crown but upon public policy (s..Category: Constitutional Law | Date: | Hits: 203
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....lways be imposed by law. 11. Having regard to the definition of ‘note-books’ in the impugned Act the learned Judges upon a consideration of various authorities from American and Indian Jurisdictions, none having been found in our own, concluded that restriction on publication ..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....efore it” under Article 104 of the Constitution and that this jurisdiction is not available to either the High Court Division or the Subordinate Courts. The salutary observations made by the Indian Supreme Court in the case of Ramappa vs. Bajappa, AIR 1963 (SC) 1633 (1637) in dealing with ..Category: Constitutional Law | Date: | Hits: 161
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....e principles of estoppel and acquiescence. ATM Afzal J (as his Lordship then was) after referring to the decisions of the Judicial Committee in the case of Sarat Chunder Dy. vs Gopal Chunder Laha, Indian Appeals (1891-92) Vol. XIX, page 203 and the case of Ambur Nair vs. Kelu Nair, AIR 1933 (PC)..Category: Administrative Law | Date: | Hits: 138
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....ny Judge of the High Court Division acting under section 38 of the Act. The Calcutta High Court framed rules under the powers conferred under section 246 of the Companies Act 1913 as amended by the Indian Companies (Amendment) Act (Act XXII of 1936). These rules are called Rules under the Compani..Category: Business or Commercial Law | Date: | Hits: 118