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Special Reference No. 1 of 1995, 24 CLC (AD)
....h might occur to qualify, cut down, and override the operation of particular words when the concrete case is not before it." 19. It will be seen, however, that such bias notwithstanding the Privy Council did give opinion in all cases except for good and compelling reasons. Lord Haldane in the Ho...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Spens CJ taking the minority view held that such matters as those to be dealt with under Rule 26 could be dealt with in accordance with Rules of Business. The minority view was approved by the Privy Council in the appeal taken by the Crown (LXXII) Indian Appeals 24 1). 32. The High Court Divisio...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
.... was all along ready and willing to pay the balance and that after filing the suit he was also ready to deposit the balance if the Court directed so. He has referred to an observation of the Privy Council in Arde Mama vs. Flora Sassion (AIR 1928 PC 208) where it has been stated that it is the &......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
.... law and Muslim Law, which has been admirably and elaborately dealt with in the case of Mst Khan Bibi vs. Hst. Safia Begum, PLD 1969 Lahore 338. This decision followed the reasonings in the two Privy Council cases of Amjad Khan vs. Ashraf Khan and others AIR 1929 (PC) 149 and Nawazish Ali Khan vs. A......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......lan. The appellant's sanctioned layout plan contained a number of open spaces with provisions for playground, schools, park, internal roads (some as large as 40 feet wide), shopping centre, Community Centre, Commercial area, etc. How can it be said that the Kartripakkha was offering a better and mor..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....a vs. Subramanian AIR 1976 (SC) 2433 and Union of India vs. Tulsiram Patel AIR 1985 (SC) 1416; LR Khurana vs. Union of India. AIR 1971 (SC) 2111; Bangladesh vs. Zahangir Hossain 34 DLR (AD) 173; Council of Civil Service Unions and others vs. Minister of Civil Servicc(1984) 3 WLR 1174; Dr. Ram ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....s that in case the tenant sets up a claim of title in himself he shall firstly surrender possession to the person from whom he had taken it.” To the same effect is the decision of the Privy Council in B. Kunwar vs. Ranjit Singh, AIR 1915 PC 96 = 42 IA. 202. 18. In view of the clear find......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....;……………………………… Defendant-Respondents Judgment June 3, 1996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; ......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ing which is as follows: “The Legislature must have been conscious of the phraseology of section 488, Cr. P. C. In spite of that it did not place any restriction on the powers of the Arbitration Council to award maintenance, In our opinion, under this provision of law, the Arbitration Council i......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....g for a long time because of the issuance of the Rule by the High Court in 1991 which has been disposed of by the impugned judgment only the other day. 7. It may be mentioned that the Privy Council in the case of Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18 approved the view taken in a Mad......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....ant) and Mr. Rafique Ahmed Khan were appointed in 1971 by the Mujib Nagar Government and, as such, they were given seniority from the date of their appointment at Mujib Nagar with the approval of the Council Committee; that the case of respondent No. 1 was considered several times on his representat......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......February 3, 1992. There are three Wards of the said Union Parishad and there were in all 7 polling centres amongst which the petitioner alleged malpractice in two centres, namely, Waruk High School Centre under Ward No.2 and Dopolla Janata High School Centre under Ward No. 3. It is alleged by the..Category: Others | Date: | Hits: 98
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......shad, challenged a direction of the Ministry of Local Government, Rural Development and Co-operatives with regard to selection of a site for a permanent building of the Union Parishad-cum-Community Centre. 2. The petitioners’ case is that the office of the local Union body has been f..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
.... discharging his constitutional duties. It was also his contention that under Article 58(2) (now repealed) of the Constitution, “The question whether any, and if so what, advice was tendered by the Council of Ministers or a Minister to the President shall not be inquired into in any Court”. Ther......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... as a result of which a doctor and two outsiders were killed and several doctors and students were seriously injured. 4. Within two hours of the incident a joint meeting of the Academic and Staff Council of the Chittagong Medical College was held in the College the conference room which was pres......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....erminate and definite conclusion, then in such a case the question of onus loses its importance and the same need not be further pursued. See the observation of the Judicial Committee of the Privy Council in the case of Hames and another vs. Hickson AIR 1946 PC 156. The same view has been repeat......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....d within twelve years prior to the institution of the suit. Mr. Salam has further urged with reference to the said point of onus of proof and in support of his contention has referred to the Privy Council decision in the case of Kumbhan Lakshmanna and others vs. Tangirala Venkateswarla 2 DLR 83 ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....nbsp; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....a is a necessary ingredient of criminal offence unless the statute either clearly or by necessary implication dispenses with mens rea. In this connection, he has referred to the decision of the Privy Council in the case of Srinivas Mall vs King Emperor 51 CWN 900. In the aforesaid case their Lordshi......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....quot; In the facts and circumstances of the. said case Cornelius, J. did not maintain the order of stay granted by the trial Court till the disposal of the case pending before, the Privy Council. But while passing the order his Lordship held in the facts and circumstances of the said ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
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