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The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....e of allegiance from the country of arrival. This test, in view of the evidence on record does not appear to have been satisfied in this case. P.W. 3 Sirajul Huq, the Chairman of the Nazirpur Union Council admitted in cross examination that the respondents were voters in Pakistan in 1964, that t......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..Category: Criminal Law | Date: | Hits: 59
....eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......
Mahmudul Amin Chowdhury CJ
Mainur Reza Chowdhury J
Md. Ruhul Amin J
Md. Fazlul Karim J
K M Hasan J
Syed J R Mudassir Hussain J
Abu Sayeed Ahammed J
Islamic Law Research Centre and Legal Aid Bangladesh………………Petitioner
Vs.
Eva Sunanda Chowdhury & ot..
Category: Family Law | Date: | Hits: 192
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....ew the combined evaluation report and will make recommendations and thereafter, since the value of the tender is more than Taka 25 crore, the evaluation report and recommendations will be sent to the Council Committee of the Cabinet for its recommendation and approval and thereafter the Council Comm......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
.... Guha and others, 1986 BLD (AD) 135 it has been observed that- “The long line of judicial decision is to the effect that the remand order should be avoided as far as possible and even the Privy Council in some cases observed that indiscriminate order of remand tantamounts to shirking the respo......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....ng activities….........(30) Cases Referredto- Dr. Mohiuddin Farooque’s case, 49 DLR (AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). 15 QB 600), Bear vs. Bromley (10) (1852), 18......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
.... In its ordinary meaning the word is capable of embracing permanent as also temporary residence. Referring to the word "resides" in Section 33 of the Registration Act, 1908, the Privy Council in Sarat Chandra V. Bijoy Chand, AIR 1937 PC 46 at p.47 observed: "The ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....w far this contention is sustainable. It is to be observed that the question of special onus with regard to transaction entered into with a pardanashin lady has been settled by a long string of Privy Council decisions. What is now requited is to see whether the exposition of law has rightly been mad......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....sistency between acquittal of murder and conviction for robbery. 9. Mr. S. R. Pal has relied on (1950) A. C. 458 AIR 1965 SC) 87, 6 DLR 634, AIR 1956'(SC). 415, and PLD 1963 (Da), 595, The Privy Council case, that is the first mentioned one, is the basis of the decisions in the other cases as......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....of the construction of a taxing statute is to be found in the case of Commissioner of Inland Revenue vs. Mutwalli Investment Co. Ltd. 1967 (2) A.C. 587 at 595 by the Judicial Committee of the Privy Council. The relevant passage may be quoted. "Although some arguments were addressed to th......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....Co) would be entitled to succeed.” The judiciary Act is not retrospective by express enactments or by necessary intendment. And, therefore, the only question is, was the appeal in to his Majesty in Council a right vested in the appellants at the date of passing of the Act or was it a mere matter o......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....t No. 1. In this view of the matter the petition under section 34 of the Arbitration Act was rejected. 8. In the Bill of Lading the code name of which is 'Cogenbill' is approved by the Documentary Council of the Baltic and International Maritime Conference. It contains a clause 'all terms, cond......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....ct of any proceedings of such Special Tribunals. If such provisions were to be found anywhere in the Special Powers Act it might have been held, as was done by the Judicial Committee of the Privy Council in AIR 1946 (PC), 169, already referred to above, that the High Court Division had jurisdic......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment A......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....rstood at the same time as laying down that the framing of rules is essential for the disposal of any business. The Governor was empowered to frame rules and if the rules were framed the Union Council would be bound by them, but that does not mean that in the absence of rules the union cou...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ith section 103 in clear language has ousted the jurisdiction of the Civil Court and ouster of the jurisdiction of Civil Court could only be avoided by applying with the rule laid down by the Privy Council in many decisions, notable among them being the case of Secretary of Sate vs. Nask & Co. 44 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....gh Court the learned Attorney-General drew our attention to some of the observations made in the aforementioned case. Thus, in the case reported in AIR 1945 PC 94, the Judicial Committee of the Privy Council observed as follows: "The section gives no new powers, it only provides that those wh......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....ot moved the High Court in revision, and if the order affects of course, the decision of the case. There is no dispute on this point, and this proposition has long been laid down by the Privy Council on the language of the earlier enactments before the present Civil Procedure Code in the ca......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....d Ishtiaq Ahmed has also relied upon decision of the Supreme Court of India in the of Deo Kuer Vs. Sheo Prasad AIR 1966 SC 369 this decision the Supreme Court placed both the decisions of the Privy Council referred to earlier. The Patna High Court, wherefrom the appeal went to the Indian Supreme...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
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