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Kalu and another Vs. State, 1993, 22 CLC (AD)
....the High Court Division found it unacceptable. In this connection the learned Judge considered the case of Begu and others Vs. Emperor, 26 CrLJ 1050 (PC) wherein the Judicial Committee of the Privy Council after referring to the provisions of sections 236 and 237 of the Code of Criminal Procedur...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... The accused persons being enemies were roped in as an afterthought. 7. Appellant Nawabul Alam is the head of his family, Appellant Khalilur Rahman was elected Chairman of the Local Union Council defeating P.W. 1 Ekramul Huq and an election case against both appellants Nawabul Alam and ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......then either enquired the matter itself, or got it enquired by some other officers, such as, Deputy Commissioner, Nirbahi Officer or District Election Officer and cancelled the election in some of the Centres and directed repoll there. The question is from where the Election Commission got power to i..Category: Election Law | Date: | Hits: 117
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....ed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself." 21. In Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135, the Privy Council after citing the above statement with approval observed that "it seems to have been ac......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... a "criminal matter" within the meaning of section 56 (e) of the Specific Relief Act. 22. The legal effect of an order passed under section 145 Cr.P.C. was considered by the Privy Council in Dinomoni Chowdhrani Vs. Brojo Mohini Chowdhrani (1901) 29 Ind. App. 24(33) as follows : ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... (L R. 48 Indian Appeals 31) as well as Member Board of Revenue V Akhtar Khan (P.L.D. 1968 S C 270) and Sashi Bhusan V. Asghar Ali [20 D.L.R (S.C.) 217.]. 5. The three aforementioned Privy Council cases related to certificate under rule 3 of Order 15 of the Code of Civil Procedure. It wi......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....ited the investigation on the ground that the evidence of the informant in an earlier proceeding on similar charges against the respondent was found to be unacceptable Their Lordships of the Privy Council observed that the reasons given by the High Court may be good ground for rejection of accus......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ision I have got no doubt that in deciding any matter under Article 3 the principle of 'hear the other side' must be followed. 21. For non-observance of the principle of natural justice the Privy Council in Attorney- General. Vs. Ryan [1980] AC 718 advised that the Minister's decision to refus......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....sub‑section 1 of Section B Part I of the schedule which confers jurisdiction in respect of "suit for the recovery of money due on contract, receipts or order documents" on the Union Council if the impugned claim does not exceed Taka 500.00, is an oral contract or written contract......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....5‑13 were fully paid and instructed to oppose the Rule Nisi and their submission in the Court to the contrary was without authority for which they have already filed an application to the Bar Council for taking necessary action against the learned Advocates. Leave was also granted to consid......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....the third period, as mentioned above in the Interest Act, but it cannot allow interest for the first period mentioned therein, that is, the pre‑suit period. This is what was held by the Privy Council in Bengal Nagpur Rly Co. Vs. Ratanji Ramji, AIR (1938) (PC) 70. The Privy Council held tha......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....abuse of the process of any Court or otherwise to secure ends of justice". In this appeal we shall consider the two decisions reported in 45 DLR (AD) and make a passing reference to the Privy Council's decision reported in 1945 AIR PC 18, in order to see whether our earlier decisions were c......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....est Act, 1839 (Act No. XXXII of 1839), one Decision of the House of Lords in the diocese of London, Chatham and Doper Ry Co. Vs. South Eastern Railway Co, 1893‑AC, 429 and one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66= AIR 1893 PC 70. Besid......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ioned above, are among those 30 Cadres. The BCS composition and Cadre Rules, 1980 left the question of seniority to be determined in due course. That is why the Government, on the recommendation of a Council Committee, and in consultation with the PSC, prepared the Memorandum of 22 April, 1984 provi......, AIR 1982, (SC) 917. In the first mentioned case, a Circular of the Reserve Bank sought to replace the Scheme for promotion of class III employees by examination on all‑India basis by a Scheme for Centre‑wise selection. By the Centre‑wise selection, candidates appearing in the smaller Centres..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....d the procedure laid down by the Judicial Committee for dealing with time‑barred appeals remain very much relevant and valid even to this day and requires to be followed. 14. However, the Privy Council also observed in the former case 41 Madras 412 (PC) that an ex parte order admitting a time ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......truction of a multi-storied shopping complex in the name of "Udayon Market'' at Bangabandhu Avenue, Ramna, Dhaka by the writ respondent Nos. 1 and 5 at the site reserved for public Car Parking Centre as shown in the Master Plan of the RAJUK, the respondent No.2.which is threatening the envi..Category: Environmental Law | Date: | Hits: 293
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....e last re-organisation of the structure of Local Government Institutions was effected by the Local Government Act, 1972. At the passing of this Act the following local bodies were functioning; County Council, Non‑county Borough, Urban District Council, Rural District Council, Parish Council, 32 Lo......t the time when the Badshai Firmans reigned supreme over the vast area from Central Asia to the borders of Arakan. But the narrow strips of land on the coast line of the country, with foreign trading Centres, but gradually transforming into ruling class were overlooked or ignored with contempt. The ..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....lor. Mr. Amirul Islam has referred to Article 3 of PO No. 11 of 1973 which says that "the University shall consist of the Chancellor, the Vice Chancellor and members of the Syndicate and the Academic Council". He has argued that the respondents are not included in the "University", and as such, are ......Honours examination of the University for the year 1987, which was held in 1989. These respondents and many others appeared it, the said examination which was held in the Jagannath University College Centre. On certain allegations of adoption of unfair means in the examination the appellants withhel..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....tract, like the price and the quantum of earth to be cut were all fixed between the parties. I may also refer to the case of Haricharan Mancharan Vs. Govind Luximan Goshall reported in AIR 1923 Privy Council 47, wherein it was held that whether the agreement is a completed bargain or merely a provis...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....e applicable in this case. 10. The learned Judges have referred to 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 th......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
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