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Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......, is at Khulna. It had one Jute Purchasing centre at Kanaipur in the district of Rajbari, and another purchasing centre in Jhikargacha in the district of Jessore. All jute purchased from different Centres are despatched to the Mills' Head Office at Khulna. In the Kanaipur purchasing Centre there..Category: Employment/Service Law | Date: | Hits: 67
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....d. In these circumstances the matter came before us. 3. The appellant was enrolled as an Advocate of the then High Court at Dhaka in 1966 under the East Pakistan Legal Practitioners and Bar Council Act, 1965‑Act 3 of 1965. Bangladesh was declared an Independent State with effect fro...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
.... one case, there does not appear to be any more fact than what was already stated in the FIR. It appears that the appellant who was the Education Minister at the relevant time presided once over a Council Committee meeting (for purchase of ships) in the absence of the regular convener who, it is......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... August 11th, 1991. Cases Referred to- P Lakshmi Reddy Vs. L Lakshmi Reddy AIR 1957 (SC) 314; Dwijendra Narain Roy Vs. Joges Chandra De AIR 1924 Cal 600; AIR 1932 Privy Council 92, Venkata Subarnma Vs. Ramayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath &a......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ly triable only on indictment before a Supreme Court Judge exercising the jurisdiction of a circuit court of the Supreme Court. This 'Full Court Division' was held to be unconstitutional by the Privy Council by a majority judgment in Hind's case (Supra) because the Jamaican Act without amending the ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....se mainly because of an erroneous assumption that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai Khan 38 CWN 285 pointed out that......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
...."Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division" is sufficient to repel such a contention. In Emperor Vs. Nazir Ahmed AIR 1945 Privy Council 18 the true import of the section has been stated to be that it only provides that those po...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ts will of everything they can to prevent a convicted person from being freed because of some procedural defect in the manner of execution of his sentence. In RV Mount (1875) LR 6 PC 283 the Privy Council held that the there was an inherent power to remand a convicted felon until the appropriate......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....t to any conspicuous part of the premises, as specifically laid down in the second paragraph of section 106. We get support to this view from a number of decisions including the decision of the Privy Council in the case of Harihar Banerji Vs. Ramshasi Roy, AIR 1918 (PC) 102. This decision was follow......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....nstant case, the police used fire arms. There is nothing on record to show that the enquiry as contemplated under Rule 157 was not held. 10. It has been held by their Lordships of the Privy Council in the case of H. H. B. Gill Vs. The King, A.I.R. 1948 (P. C.) 128 that a public servant ca......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....s conviction under section 304 into one under section 302 and sentenced him to death on the application for revision under section 439, Cr.P.C. Kishan Singh, on special leave, appealed to the Privy Council against his conviction made by the High Court of Allahabad. Their Lordships of the Privy C......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... malafide or without jurisdiction, is a nullity, such an order cannot be taken to have been made under the said statute. Reference may be made to the decision of the Judicial Committee of the Privy Council in the case of Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 same cas...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....ssment of tax income, profits and gains of the assessee can be properly deduced from such accounts. 16. In construing the provision of section 13 of the Act, the Judicial Committee of the Privy Council expressed the view in the case of Commissioner of Income tax, Bombay Vs. Sarangpur Cotton Ma......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....is one on the earlier Civil Procedure Code. The Calcutta High Court held that when the Division Bench of the High Court made an order dismissing an application for leave to appeal to His Majesty in Council with costs, the order as to costs is to be enforced by execution in the court which passed ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....on of the evidence on record, however; gross it may be. This view of law as to the jurisdiction of the High Court as the Second appellate Court was enunciated by the Judicial Committee of the Privy Council as early as in 1890, while construing the analogous provisions of the Code of Civil Pr......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ...... process of choosing a representative starling with the filing of a nomination paper and ending with the declaration of the result. The polling of votes, which means the casting of votes at a Polling Centre, is only a part of the said process. It may be that if a certain irregularity has taken place..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....nce of East Bengal Vs. Banamali Sen, another Division Bench of the Calcutta High Court took the same view, that the security, deposited by a party for satisfaction of cost of appeal to Privy Council, is liable to attachment, in as much as, the depositor retains a residuary power over the ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....counting year 1965 i.e., 1965-66 in C.A. Appeal No. 15 corresponding to assessment year 1966-67. 12. Before dealing with the applicability of the amendment the authority of the Privy Council on the operation of the Income Tax Act and the Finance Act as propounded in Maharajah of Pi......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....n J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, repor......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
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