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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....to the English law, therefore, does not give as much assistance in the interpretation of s. 144. 15. In "Jai Berham vs. Kedar Nath Marwari", AIR 1922 P.C. 269, the Judicial Committee of the Privy Council considered the score of a.144 and duty of the court to effect restitution and held, "It ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....e that the words "same relief" could not be construed so as to look not to the primary relief sought in a proceeding but the ultimate object with which the relief was sought. In the Privy Council case a preliminary mortgage decree was obtained which was amended in some respects not mat......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....retirement, when the impugned order of retirement was made. He alleged hat on certain official matters the Minister, Establishment Division, got annoyed with him for his candid views. In a meeting of Council of Ministers held in July 1978, he alleged the question of dealing with corruption in public...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....the case under appeal. His task is more onerous because the trial Court which has witnessed the demeanour has given benefit to the accused. In Sheo Swarup vs. The King-Emperor, 39 CWN 15 the Privy Council observed: "But in exercising the power confer......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
.... shall lie against any officer of the government for anything in good faith done or intended to be done under this Act." 8. In the case of Raleigh Investment Co. Ltd Vs. G. G. in Council, reported in A.I R. 1947 (P.C.) 78, their Lordships of the Privy Council considered the abo......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
....statute made thereunder. We may refer to the principle regarding the ouster of Jurisdiction of the Civil Court as enunciated in the case of Secretary of State Vs. Mask and Company, AIR 1940 Privy Council, 105, The Judicial Committee stated the principle thus:—
"It is settled law that the......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....ich the said moneys shall be transferred, paid, or placed. 3. No money shall be paid out of Court except in pursuance of a decree or order of the Judge." 12. The learned Council mentioned that in the neighbouring country of India in 1971 the Naval and Aircraft Prize A......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....er may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or pay over the proceeds of sale." The Judicial Committee of the Privy Council while examining the question of restitution under section 144 of the Civil Procedure Code i......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....rvice of Bangladesh holds office during the pleasure of the President. This pleasure doctrine has a connotation and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of de...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ounts to a complete denial of the realities of life. The end of law is human happiness in this case, by fulfilling a social or pubic as opposed to a merely individual need. 5. The Privy Council in Pettit’s case repelled the contention that there cannot be a public purpose in ta...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... alleging that the election was vitiated amongst others on account of contravention of rules 37, 38 sad 39 of Paurashava Election Rules, 1977. Election in two centres, namely Rupsha Primary School Centre and Baniakhamar Hafizia Madrasha Centre were mainly made the subject matter of the election ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... the embodiment of the will of the people which is sovereign. 7. Now as to the rule of interpretation of a written Constitution, I will only refer to the celebrated dictum enunciated by the Privy Council in Attorney General for the Province of Ontario vs. Attorney-General for the Dominion of C......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....ifficult proposition because the very purpose of the law will be defeated. 19. In the case of Premier Construction Company Ltd. vs. I.T.Commissioner, Bombay, A.I.R, 1949 (P.C), 20 the Privy Council considered that the remuneration under a contract for personal service out of the money of a......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....andhi Surjanarayanmurti, 52 C, W. N. (P. C.) 505, has stated the proposition of law relating to proof of joint family property in a way which requires a review. It is to be observed that the Privy Council has said that the proof of the existence of a joint family does not lead to the presum......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....rs in the deed of transfer, merely lends his name to the transaction, and acquires no interest in the property. 10. The law of benami was reviewed by the Judicial Committee of the Privy Council in the cases of Gopeekrist Gossain Vs. Gunga-pershad Gossain (1854) 6 Moore's Indian Appeal......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ...... order, dated 1-8-75 allowed the cases to be withdrawn under section 494 of the Code of Criminal Procedure and discharged the accused. Thereafter the case records were sent to the District Control Centre on the prayer of the Public Prosecutor and subsequently again on the prayer of the Public Pr..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....effect, excluded from the concern, if the confidence of any of partners is destroyed on other and if there is a state of animosity, which precludes all reasonable hope of reconciliation. The Privy Council held this principle in the case of Loch Vs. John Blackwood Ltd, 1924 (A.C) 783. 18. W......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....hould also consider the question of abatement of the suit on account of the death of Jawahar Khatoon and give a fresh decision keeping in view the above directions." 9. This advice of the Privy Council was accepted by His Highness the Amir of Bahawalpur on the 23rd of April, 1942 and the case ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....t for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a contractor, was that by a resolution dated 22-3-61 Rokanpur Union Council, Kaliganj Police Station in the District of Jessore appointed the appellant to sink 3 tube-w......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....Judges, following a decision of the Patna High Court reported as Maharajdhiraj Sir Kameshwar Singh Vs. Commissioner of Income-tax, Bihar and Orissa, (3) 48 ITR, 483, found that the facts of the Privy Council decision were distinguishable from the facts of the present case as was the position in the ......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
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