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Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......red as enemy property by Defendant No. 2 in EP Case No. 11/70-71 as the owners thereof, namely Suresh Chandra Bhattacharjee, Bankesh Chandra Bhattacharjee and Poresh Chandra Bhattacharjee left for India for good. The plaintiff is a co‑sharer of the suit land and so he applied for taking se..Category: Property Law | Date: | Hits: 80
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......ntinent and the evil cuts across all religious communities. "Dowry" in the Pocket Oxford Dictionary is stated to be "property brought by woman to her husband at marriage. 6. In the sub‑continent India was the first country to come up with a legislation prohibiting dowry and making the giving or..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......y opportunity of hearing to the appellant but the power of review of the High Court Division under section 114 read with Order 47 rule 4 was not challenged by any party to the appeal. 11. In India different High Courts took different views as to whether section 141 CPC applies to writ proc..Category: Procedural Law | Date: | Hits: 102
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......rine of “implied term of the Agreement” the Arbitrator got power to award interest on his award. In support of their views, they referred to a great number of decisions from English and Indian Jurisdictions, in particular a decision of the Court of Appeal in England in the case of Cha..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......Referred to- James Finlay & Co. Ltd. Vs. Supersign Industries BCR (1981) HCD 364; Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 & Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lah. 56. Lawyers Involved: Asrarul Hussain, Senior Advocate Su..Category: Procedural Law | Date: | Hits: 91
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....s a specific provision to the contrary in the(same) statute itself. (Valdeo Singh Vs. State, AIR 1951 Madha Bharat 149), Vithaeji Madharji Vs. IT Commissioner ' AIR 1948 (Mad), 353, Bhana Mekan Vs. Emperor, AIR 1936 (Bom) 256; Union Insurance Society Vs. Md. Karam Elahi Khan, AIR 1934 Peswar 37;......ttal into one of conviction or to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A". 6. It may be mentioned here that in India and Pakistan also section 439A had been inserted by amendments (in India Code section 399) in..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... on 'no evidence' which could be quashed by the High Court Division in exercise of its inherent power under section 561A. 9. The Judicial Committee of the Privy Council‑in the case of Emperor Vs. KA Nazir Ahmed, AIR 1945 PC 18‑observed that section 561A of the Code gives no ne......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......the force of law……………………..(17) Cases Refereed to- London, Chatham and Dover Ry Co. Vs. South Eastern Railway Co, 1893‑AC, 429; Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66=AIR 1893 PC 70; Pillo Dhunji Shidwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 12..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......Appeal No. 48 of 1992) Md. Nabinoor Islam Khan and anr …….Respondents (In Civil Appeal No. 49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Asoke Gulati Vs. BS Jain, AIR 1987 (SC) 424 ; PD Agarwal and another Vs. S..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......itting the appeal with notice to respondent. 12. The Judicial Committee in Krishnasami Vs. Ramasami, 41 Madras 412 (PC) and Sunderabai Vs. Collector, 43 Bombay 376 (PC) impressed on the courts in India the urgent expediency of adopting a procedure which should secure at the stage of admission th..Category: Procedural Law | Date: | Hits: 121
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......Bangladesh Bank 31 DLR (AD) 298; Abdul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of India AIR 1958 (SC) 36 & BSI Corporation Vs. Mahbub Hussain 29 DLR (SC) 41; West Bengal State ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......pose but the industrialists established industries in the said area. The residents of the area, as public interest litigation, filed an application under Articles 226 and 21 of the Constitution of India. Section 14 of the Karnataka Town and Country Planning Act 1961 made similar provision like t..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......he consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the part of the consideration money Karuna Moyee Dasi left the then East Pakistan for India with the members of her family and started living there, that Karuna Moyee Dasi executed a Po..Category: Property Law | Date: | Hits: 59
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......s Referred To: Bank of Maharashtra vs. Race Shipping and Transport Co Pvt. Ltd and another, AIR 1995 SC 1368; Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. and others, AIR 1985 SC 330. Lawyers Involved: Mahmudul Islam, Senior ..Category: Banking Law | Date: | Hits: 121
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......appears that the object, intent and purpose of the three allied Acts are different and distinct. So far Act of 1885 is concerned the scheme and the provision thereof have been aptly considered by the Indian Supreme Court in the case of Secretary, Ministry of Information and Broadcasting, Government..Category: Information Technology Law | Date: | Hits: 266
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......eepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; Laxmi Kant Vs. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Ori..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......e interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. In India, in order to define and limit the powers of certain courts in punishing contempt of courts an..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... 87th meeting. In this regard, the case of Kollipara Srira Mulu VS. T Aswath Narayana reported in AIR 1968 (SC) 2028 may be referred. In that reported decision their Lordships of the Supreme Court of India in view of the special circumstances of the case held that the intention of the parties was of..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....;…………………Respondents [Criminal Petition No. 30 of 1988] Judgment October 30th, 1991. Cases Referred to- Mahbub Shah Vs. Emperor AIR 1945 PC 118; Pandurang Vs. State of Hyderabad AIR 1955 SC 216 & Abdur Rahim Mondal ......o a number of decisions regarding the principle of vicarious liability under section 34. These include the decision of Privy Council in the case of Mahbub Shah vs. Emperor (AIR 1945 PC 118), of the Indian Supreme Court in the case of and of this Court in the case of Abdur Rahim Mondal vs. Slate, ..Category: Criminal Law | Date: | Hits: 93
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......mon judgment. 3. The plaintiff as importer opened a Letter of Credit with Sonali Bank, Local office, Dhaka (defendant No. 1) on 15.8.77 for the import of 4,000 metric tons of salt from India by depositing Tk. 7,25,000.00 in his account and executed on the same day an undertaking wit..Category: Business or Commercial Law | Date: | Hits: 99
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