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BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....e such direction. He, however, conceded that it was for the Registrar to decide if an application was made to him by respondents 1‑3. 31. Mr. Mahbubuddin argued that the direction was bad because the Proprietor of the two factories was originally the same and not different proprieto..Category: Intellectual Property Law | Date: | Hits: 227
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....l, FA No. 140 of 1976, a Division Bench of the High Court Division (Rangpur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by a..Category: Property Law | Date: | Hits: 77
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....y was found to be in actual possession. Therefore, the contention of the second party ‑respondent that the first party was only found to be in constructive possession is not correct. Good or bad, the finding as recorded by the learned Magistrate which was in accordance with law ought not t..Category: Criminal Law | Date: | Hits: 53
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....of", not to prejudice the generality of powers already conferred." 9. In that decision the use of words "and shall” after the words "civil Court" in sub‑section (2) was termed as an example of bad drafting. In view of the use of the two words "and shall" after the words “civil Court", an ar..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....; King Vs. Governor of Lewes Prison, ex parte Doyle [1917] 2 KB 254 (269); Rex Vs. Hawkins, Fortescue, 272. Vol. II 1917 and Rex vs. Taylor 7 Dow. & Ry. 622; Janardhan Reddy vs. State of Hyderabad, AIR (38) 1951 SC 217; BR Rao vs. State of Orissa AIR 1971 (SC) 2197; Bonomally Gupta ILR 1917 ..Category: Constitutional Law | Date: | Hits: 365
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....d in view of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the order of restoration of the appeal was bad in law and would promote harassment of the plaintiff‑appellants. 4. Mr. Azizur Rah..Category: Property Law | Date: | Hits: 50
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....whole is not set aside and there A no necessity for holding a fresh poll for the purpose of an election to the disputed office, under clause (b) of rule 60 the election may be challenged to have been bad as a whole in which case fresh polling is, of necessity, to take place. This election must neces..Category: Election Law | Date: | Hits: 122
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....tion rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all papers were not sent, some were sent in very bad packing. The Tribunal felt sore about the callous manner of preservation of ballot papers and w..Category: Others | Date: | Hits: 101
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....maintained. Then there was an appeal to the Privy Council. Before the Privy Council it was urged that offences which ought to have been separately charged were joined together. Hence the trial was bad in law. In that connection section 239 (d) came up for consideration. It was held that where of..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....ation of which must make the appointment illegal and hence the award made by the umpire was wholly without jurisdiction and as such void. Reliance was placed on 85 C. L. J. 232, A.I.R. 1951 Allahabad 474 A.I.R. 1954 Nagpur 236, and A.I.R. 1959 Bom. 39 and A I.R. 1963 Allahabad 23. In the first c..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....terests in the property existing before the sale and which have been adversely affected thereby. In this view of the case, the appeal of the auction purchaser cannot be entertained." 28. The Allahabad High Court sought to give a wider interpretation in the case of Ravi Nandra Prasad Vs. Jagannath..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ure of the property she inherited from her husband on account of remarriage. 4. It was argued at the trial Court on behalf of the defendants, relying upon a Full Bench decision of the Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 617 that even if remarr..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....High Court Division passed in F. M. A. No. 22 of 1972, against an award made by the Arbitrator, appointed under the East Pakistan (Emergency), Requisition of Property Act. These lands stand at Agrabad, Chittagong. Requisition for the purpose of acquisition was made under sectio..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... course, already held that such a contention is not well founded according to the well-recognised rules of statutory interpretation—the Notification under challenge cannot be held to be bad on the ground that the mouza Sholashahar was a rural area and not an urban area. 47. It..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....o which we shall refer presently. 34. In Ridge vs. Baldwin, 1964 A. C. 40, the House of Lords in the case of dismissal of a borough constable without show cause notice held that the dismissal was bad as the dismissed constable had a right of hearing on the principle of natural justice. 35. I..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....597; Ijjat Ullah Vs. Emperor, ILR 1944 Cal. 280 ; Mazharul Huq Vs. Crown (1949) DLR 173 & Sher Ali Vs. State (1958) 10 DLR 374 ; Akam Sheikh Vs. Emperor. AIR 1947 Cal. 35; Kalaporla vs. Hyderabad Court, AIR 1953 Hyd. 249; Begu & ors. Vs. King Emperor, AIR 1925 130. Lawyers Involv..Category: Criminal Law | Date: | Hits: 61
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....iminishing light or air of the petitioner by creation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers Involved: Dr..Category: Constitutional Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
.... submits, on the other hand, that colourable exercise of power, in the words of VR Krishna Iyer, J in the case of State of Punjab vs. Gurdial Singh, AIR 1980 (SC) 319 is as follows: "Pithily put, bad faith which invalidates the exercise of power‑sometimes called colourable exercise or fraud on..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....Leader of the Opposition along with all members of the opposition except Mr. Suranjit Sen Gupta staged a walkout. The Deputy Speaker announced explanation of the statement to which opposition parties bad taken exception but the opposite members did not return to the House they also did not join the ..Category: Constitutional Law | Date: | Hits: 248
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
.... day he sent his wife to her father's house. After 3/4 days he brought her back when the Moulvi gave a fatwa that it would not be irreligious to take his wife back but he could not forget about the bad character of his wife. On Thursday the 14th May, 1987 at about 3‑00 AM he along with his ..Category: Criminal Law | Date: | Hits: 73