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Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....all Shebaits does not arise as because all of them were not involved in managing the affairs of the deity and the development committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such iss..Category: Criminal Law | Date: | Hits: 88
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....sly enough part paw with section 438 Cr.P.C. while in India after such amendment and conferment of revisional power, section 438 enabling the Sessions Judge for making reference to the High Court bad been deleted. The powers under section 439 are well known and the High Court Division may exer..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....he then Province of West Pakistan and did away with the trial by assessors. It was argued that since the commitment was made before the amendment came into force which was prospective the appellant bad acquired a vested right of trial with the aid of assessors under the unlamented Code. The argume..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defend..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....established is not susceptible of the annulment." In other words the acknowledged child should be of unknown parentage. 18. In the case of Md. Alladat Khan vs. Md. Ismail Khan 10 I. L. R. Allahabad, 289 the Court considered the following questions: "The question then is whether in cases li..Category: Family Law | Date: | Hits: 239
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....he commission of an offence under section 4 of the Act is for the District Magistrate to initiate the prosecution. This argument apart. Mr. Alam submitted that since the original owner of the press bad already made a declaration, no fresh declaration by the appellants was even necessary. Though su..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....estoppel. 5. The company Judge then considered that the prayer of the appellant for hearing two issues, namely— (i) Is the application maintainable in its present form? (ii) Is the application bad for mis joinder of causes of action as preliminary issue under Order 14, rule 2 C.P.C. 6. The..Category: Company Law | Date: | Hits: 195
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....the learned Judges of the High Court Division that the firm was not an enemy firm and the conclusion arrived at there from that the notification dated 3-2-70 which contains the order of vesting was bad in law, are clearly unwarranted. In view of what have been stated above, the appeal is allowe..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....hellip;…….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Mehboob Ali Malik Vs. The Province of West Pakistan (1963) 15 DLR (WP) 129, P.L.D. 1963 ..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....the contention raised by Mr. Abdul Hamid is not at all tenable. 4. It was next contended by Mr. Abdul Hamid that the trial of the petitioner; in the absence of sanction for prosecution, was bad in law. This contention was raised before the learned Judges of the High Court who rejecte..Category: Criminal Law | Date: | Hits: 44
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
.... think over the case, makes a farce of the rule which entitles a prisoner charged with a capital offence to free legal assistance." The learned Judges having held the trial to be bad in law set aside the conviction and sentence and directed retrial of the accused in accordance ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... whether in view of enactment of the Transfer of Property Act, it is the statute; the former view found favour with the majority of the learned Judges of the Full Bench of the Allahabad High Court in Begum vs. Mohammad Yakub. ILR 16 All. 344; and this view was approved by the Priv..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....case and examined as many as six witnesses and submitted the detailed report showing that the entire allegation was maliciously false and the complainant Azman Ali is a simple man who himself bad denied the suggestions that appellant Dr. Jamshed Bakht had any illicit connection with his wif..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....t the word 'shall’ is mandatory and not directory in the absence of notice, as provided in section 117(1)(c), upon the co-sharer tenants, the order of sub-division of the tenancy will be bad and not be binding on the non-notified co-sharer tenants. In support, Mr. Khan, relied on Begum..Category: Property Law | Date: | Hits: 47
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....he death of the original plaintiff. Mr Ahmed Sobhan has referred to the various averments of the plaint and also the order sheet of the Miscellaneous Case and argued that the appellate Court below bad given the Hutting that tae Darbarsharif is the ancestral property of the plaintiff and the defe..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....fied candidate for the post held by the public servant concerned; (c) indulgence by a public servant in activities prejudicial to the interest and the fundamental principles of the State; (d) bad reputation relating to morality, integrity or honesty of a public servant; (e) the services ..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....f transfer on another ground, namely, that the order of transfer dated May 20, 1978, having been signed by the President and Chief Martial Law Administrator, being two separate offices, the order was bad. According to the learned Counsel, the power of transfer having been conferred upon the Chief ..Category: Constitutional Law | Date: | Hits: 292
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....of sub-section (2) of section 96 of the State Acquisition and Tenancy Act, 1950 retarding parties to the proceeding is directory, and not mandatory; and as such, the pre-emption application was not bad for defect of parties. On this view the judgment of lower Appellate Court as set aside. ..Category: Property Law | Date: | Hits: 73
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; Municipal Corp. City of Abmadabad Vs. New S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 20..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ed it is difficult to follow such reasons. 20. When a simple thing could be stated simply and when such thing has been stated previously it is incomprehensible as to why the draftsman bad created a smokescreen thereby putting a Legislative intention to a subject matter of specu..Category: Criminal Law | Date: | Hits: 40