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Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
...., with the help of Monowara tried to regain sense of Saleha by pouring water on her head but even after 5/6 mugs of water was poured Saleha did not regain her sense. The appellant Iqbal, who was a medical student on examining pulse of Saleha, declared that she was dead. Syeda Begum then went up-s......) 151 on this question. 23. Now let me examine whether Asma Jilani's case upon which much reliance has been placed by Mr. M.H. Khondker lends any real support to the contentions raised by him. On carefully going through the decision in Asma Jilani's case it appears that the learned Judges of the..Category: Constitutional Law | Date: | Hits: 292
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......herent in the court and it flows not from any power which it may have to carry into effect the decree or order of the court but from the recognition of the duty which it owes to the suitors to take care that no injury is done to them by its act." 7. In the Calcutta case Saraj Bhushan Ghosh vs...Category: Procedural Law | Date: | Hits: 111
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ...... this were possible the whole purpose and scheme of the legislation which provided for the settlement of an industrial dispute will be defeated. The interaction between sections 34 and 43 which arc carefully noted in the aforesaid decision in the following words further highlights the purpos..Category: Labour and Industrial Law | Date: | Hits: 91
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....pervisors' examination. 3. The appellant succeeded in this examination also and was selected for training as Engineering Supervisor on the 9th of February, 1944. However, he failed to pass the medical test in the first instance, which was conducted by a Medical Board on the 21st of February, ...... time of his admission on to the examination of the Engineering Supervisors held in November, 1942. This ground was upheld in the impugned order which 'inter alia' states: "The case has been carefully examined, The Service Book of Mr. Nazir Ahmad shows that he entered the department on the..Category: Employment/Service Law | Date: | Hits: 103
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....ys. 3. The petitioners are also aggrieved by the following portion of the order passed by the High Court Division: ‘Respondent No. 1 is directed to constitute another medical board within five days for thorough and proper examination of accused AFM Bahauddin and to...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....ing in force, the Government may with a view to implementing such recommendations of the Commission as may be accepted by it, by notification in the official Gazette, determine the wage, bonus, medical allowance, house rent allowance, conveyance allowance and leave which shall be payable or ......leged by the Deputy Commissioner of Taxes but under section 10 (2)(X). The question was answered accordingly, in the affirmative and the applications were rejected. 7. We have carefully gone through the judgment of the High Court Division. Clause (X) of section 10(2) of the..Category: Fiscal/Taxation Law | Date: | Hits: 66
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....s a party. Khandaker Badrudduza the appellant in the aforesaid case was an employee of Agrani Bank who fell ill on November 15, 1990, applied for leave for one month from November 20, 1990 filing a medical certificate countersigned by the medical officer of the bank. On December 26, 1990 he subm......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......o have been renewed for which, however, no law could be cited. On the contrary, the step that was taken appeared to be in conformity with law and the rules. Same view has been taken in the care of Mohabir Glass Manufacturing Co. vs. C.I.T.A.I.R, i960 Patna, 516. The only safeguard is th..Category: Fiscal/Taxation Law | Date: | Hits: 76
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......y the High Court Division. In paragraph 8 of the petition the appellant stated that he filed a review petition before the Government and mentioned "that the Screening Board advised him to be more careful in his service career'' and as warning to him recommended the Government of Bangladesh for w..Category: Employment/Service Law | Date: | Hits: 70
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... or in the case of Muslim trusts commonly known as wakf-al-al-aulad, the income applied there to." “Explanation: In this section, charitable purpose includes relief of the poor, education, medical relief and advancement of any other object of general public utility." 10. Befor......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
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......he prosecution witnesses in order to come to his independent finding, but he simply accepted the finding of the trial Court. As to the Judgment of the Sessions Judge in revision, it shows the utter carelessness with which he dealt with the matter. The only question before him in the revisional a..Category: Criminal Law | Date: | Hits: 44
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....209;General has submitted that the General Diary Entry will not affect the evidence of P.W. 4 and that R 2, 3, 4 and 5 have fully proved the prosecution case. Their evidence finds support from the medical evidence which is a corroborative evidence, as also from P.W. 11 Kamalakshmi, and he has su......sonment for life. The High Court Division also rejected the defence plea of alibi. 13. Leave was granted in this case to consider whether the High Court Division ought to have taken greater care and caution in assessing the evidence of admittedly partisan, interested and hostile prosecuti..Category: Criminal Law | Date: | Hits: 60
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......purposes are scattered in the law reports) and where the period of detention can be extended without any time‑limit set in the law the court must examine every order of detention with utmost care. 22. The Court is to hold the balance between the State's need to prevent prejudicial ..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....nts and the other accused fled away. From the said room police seized TV, VCR, three cassettes and air gun. Subsequent thereto she lodged the First Information Report and after‑4 days she was medically examined by P.W. 6 Dr, AKM Ayubullah. P.W. 8 ASI Kazi Anwarul Islam who at the relevant t......ng with his 3 brothers. Thus, it is highly improbable that in such a house in the drawing room an incident of rape could take place one after another by four accused persons. 8. Thus from a careful consideration of the evidence of the victim woman and other surrounding facts and circumsta..Category: Criminal Law | Date: | Hits: 66
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....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 ......except perhaps indirectly." The Magistrate, however, did in the present case what propriety required of him. In granting temporary injunctions in cases of this nature the trial Court must take care to see whether the plaintiff has made out an exceptional case for interference, for it is als..Category: Property Law | Date: | Hits: 81
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......rol by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, which should be performed properly with the care and certitude of a judicial mind and not as a mechanical act; and further shat it a fitness ce..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....t provided in sub-section (1) of section 488 of the Code of Criminal Procedure could be allowed as maintenance allowance. In the whole for each of the dependents and no other amount in the shape of medical expenses, clothes etc. should be given. Similar view was taken in Kent Vs Kent reported in......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
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