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M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......y reason and is not bound to acÂcept the lowest bid…………..(10) Cases Referred to- Ramphal Vs. State of Bihar, AIR 1954 (Pat.) 235; K. N. Guruswami Vs. State of Mysore, PLD 1956 (S.C.—India), 53. Lawyers Involved: Kh. Mahbubuddin Ahmed, Advocate, instrucÂted by Md. Shafiqur Ra..Category: Others | Date: | Hits: 94
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment 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 ......e decisions of this Division interpreting Article 7 of the President's Order No. 67 of 1972 and Rule 7 of the Rules framed thereÂunder. In the facts of this case the decision of the Supreme Court of India in the case of the State of Madras vs. A.R. Sreenivasam A.I.R, 1966 (S.C.) 1827 relied upon by..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)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......rposes of the trust or wakf-al-al-aulad. It is to be rememÂbered that the moment a Muslim trust answers the definition of wakf-al-aulad; it will come in the second part of the second sub-clause. The Indian Supreme Court in the case of Fazlul Rabbi vs. The State of West Bengal A.I.R. 1965 S.C. 1722 ..Category: Trust/Waqf Law | Date: | Hits: 239
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......port. Appellant No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt..Category: Business or Commercial Law | Date: | Hits: 89
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is deÂclared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ondents Judgment Nov. 27, 1979. Enemy Property Burden of Proof The burden of proof is on the Enemy Property Authority to establish that the predecessors of the vendors migrated to India earlier to the Enemy Property Law came into operation in 1965, to establish that the property ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....¦â€¦â€¦(36) per Ruhul Islam, J. Cases Referred to- Garden Vs. Lucus, 1878/3 App. Cas, 582 at 603; 29 DLR (134) 145; Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163; AIR 1938 Rangoon 160; 28 DLR 187; Emperor v. Nazir Ahmed, AIR 1945 PC 18 at p. 22; West Bengal v. S.N. Basak, AIR 1963 SC 447; Uttar P......s an emergence has arisen which makes it necessary to provide for setting up of special criminal courts, the Governor General in the exercise of powers conferred upon him by section 72, Government of India Act 1915. as set out in section 9, Government of India Act 1935, makes and promulgates the Ord..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......late in doing so after a decision had been pronounced against him. "We are of opinion that this objection cannot be sustained. We are not aware of any law or regulation prevailing in India, which renders it imperative upon the suit or to appeal from every interlocutory order by ..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......ecision, in the case of Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94. In this case the plaintiff instituted a suit against her husband, his son, defendant 2, and two banks in India with whom money had been deposited on fixed deposit receipt and the claim was brought by the ..Category: Civil Law | Date: | Hits: 112
Kalu and another Vs. State, 1993, 22 CLC (AD)
....nbsp; Vs. State ..................................Respondent Judgment July 21st, 1980. Case Refered to- Begu and others Vs. Emperor, 26 CrLJ (PC) 1050. Lawyers Involved: Abdul Baset Majumder, Advocate-on-Recor...... 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
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......or industrial or agricultural occupation or avocation of workman". This definition of "Industry" in the Trade Unions Act, 1926 is the same as in the Industrial Disputes Act, 1947 (of India) and the Indian Supreme Court in the case of Secretary, Madras Gymkhana Club Employees' Unio..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......filed an application under Order 1 rule 10 CPC for adding them as defendants in the said suit stating, inter alia, that the landlords of the suit land, Bhuban Mohan Maitra and others, having left for India in 1965 the suit land vested in the Government, that the appellants and local people had been ..Category: Procedural Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......Cases Referred to- Shyamlal Vs. State of UP AIR 1954 SC 369; State of Bombay Vs. Saubbagchand AIR 1957 SC 892; Dalip Singh Vs. State of Punjab AIR 1960 SC 1305, Jagdish Mitter Vs. Union of India AIR 1964 SC 449, State of UP Vs. Madan Mohan Nagar AIR 1967 SC 1260; State of UP Vs. Shyam La..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....991. Cases Referred to- ILR 33 Cal. 30; ILR 43 Cal. 1152=AIR 1917 Cal. 593; AIR 1941 Cal 263; Haji Abdus Samad Vs. Haji Jobed Ali 28 DLR (HCD) 58; AIR 1936 Lahore 238 Golam Rasul Vs. Emperor; Kamalapati Trivedi Vs. The State of West Bengal AIR 1979 (SC) 777; & AIR 1934 Md. 175;...... 8. It will be seen that the phrase "in, or in relation to any proceeding in any court" occurring in Clause (b) has come up for interpretation in the different High Courts of India since long before and given rise to conflicting decisions. However, in the case of Kamalapad..Category: Criminal Law | Date: | Hits: 40
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 ......iously detained twice from April 1982 to April, 1983 and from November1984 to March 1985. In November 1988 another order for his detention was passed, but the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post of Chairm..Category: Criminal Law | Date: | Hits: 88
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......r corrupt practices and the seriousness of the evil and the possibility of its continuance or extension in the future is such as to justify immediate and drastic action to stamp it out." (Gazette of India, 1946, Pt. V P 374). The Act was intended to remain for a period of three years from it..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....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 .......). 25. In Narayan Vs. Bholagir Guru Mangir 6 Bom. HCRAC 80, Couch. CJ commented on Ramsden Vs. Dyson thus: “We cannot, however, apply to cases arising in India the doctrine of the English law as to buildings, viz, that they should belong to the owner o..Category: Property Law | Date: | Hits: 80
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 ......ciple is embodied in section 56 (e) of the Specific Relief Act which provides that “an injunction cannot be granted to stay proceedings in any criminal matter.". 20. In undivided India it was therefore held, following the English precedents, that a Civil Court cannot stay a cri..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." ......59 L. ed. 169; Massachusetts Vs. Mellon; Fronthingham Vs Mellon, 262 U.S. 447= 67 L. ed. 1078 and Joint Anti. Fascist Com V. McGrath, 31 U.S. 132s 95 L. ed. 817; Charanjit Lai V Union of India, AIR 1951 SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 1044; Maganbh..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.........................Respondent Judgment March 7, 1974. Cases Referred to- Abdullah Haroon & Co Vs. Calcutta Corporation, AIR 1950 Cal. 36: Hussain Ali Vs. Emperor, AIR 1920 Cal. 635: Jagmohan Surujmal vs. Venkatesh Gopal Ranade, 1933 Bom. 105; Mrs. Noorj......ed in AIR 1963 Manipur 15. In this case a revision petition was filed before the Sessions Judge against the order of the Magistrate who struck off a case in a charge which under section 427 of the Indian Penal Code was earlier framed. In dismissing the revision petition the Additional Sessions J..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ......in Bangladesh on March 25, 1971 and he continued to be so resident on 22 November 1971 when he went to Lahore for attending his party's Central Working Committee meeting. As the war broke out between India and Pakistan he wanted to come back home. On December 3, 1971 the plane in which he was return..Category: Immigration and Citizenship Law | Date: | Hits: 522
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