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K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....sons as abettors. Mr. Ali with a view to show that the trial of the petitioner held jointly with other accused was vitiated with illegality relied on the case of Babulal Chowkhani’s Vs. King Emperor, A.I.R. 1938 (P.C.) 130. That case arose out of theft of electricity under section 39 of th......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n the third day of lifting and that the prosecution could not prove the appellant's nexus in these two acts of the Pakistan Army. Reliance was placed on the decisions in the case of Mahbub Shah vs. Emperor A.I.R. 1945 (P.C.) 118, and in the case of Pandurung VS. State of Hyderabad S.C.A. 1955 page...... 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children and nephews Abu Bakar, Altaf Hassain and Amjad Hossain who are sons of Saimuddin, went to India immediately after the 26th March, 1971. His nephews joined the Mukti Fauz and fought against t..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....57 (S.C.) 113. The other three decisions we propose to deal, are Reg. vs. Remajirao Jirbaji, 12 Bom, II C.R, 1 (B) Nazamuddin vs. Queen Empress I.L.R. 28 Cal. 344 and Ahed Shah vs. Emperor A.I.R. 1918 Lah, 152. All these decisions have been considered in the case......However, we would like to mention some of them. We think that the best enunciation of the principle is to be found in the case of G.A, Montario vs. The State of Ajmir, by the Supreme Court of India, reported in A.I.R. 1957 (S.C.) 113. The other three decisions we propose to deal, are R..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......tute are null and void and the question whether it is so is in the main governed by consideration of convenience and justice. In United Printing vs. Kishori Lal (A.I.R. 1956 Cal. 593), Union of India vs. Allied Trading Co. (A.I.R. 1956 and Punjab 7.) Haji Sattar Vs. Abdul Karim (P. L. D. 1958 ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... Judgment March 4, 1976. Result: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath Vs. Bank of India, AIR 1955 Mad. 486 ; Commissioner of Income Tax Vs. E.V. Miller, 11 DLR (1959) (SC) 430—PLD ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......se of its revisional jurisdiction, with an order of a Subordinate Judge setting aside an order previously made by his predecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca fo..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... such forfeiture and that the provision of the Act XV of 1856 would have no application to such a case. 27. In this state of judicial authorities of the Indian High Courts, a Full Bench of the Allahabad High Court had to review its exceptiona..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......nlarge the meaning of the section. If a rule goes beyond what the section prescribes, the rule must yield to the statutory provision: vide King vs. Henderson, 1898 AC 720 (P. C.). The Central Bank of India Vs. Their Workmen, A.I.R. I960 (S.C.) 12 The reasons given by the High Court Division though c..Category: Fiscal/Taxation Law | Date: | Hits: 137
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ...... dispense with the necessity of inserting a saving clause in each repealing Act, section 38(2) was inserted in the English Interpretation Act of 1889. The then Central Legislature of India followed suit and enacted the General Clauses Act in the year 1897, inserting therein section..Category: Criminal Law | Date: | Hits: 113
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......oration (1971) 1 WLR 1578—(1971) 12 All ER 1278; Morrison Vs. Abernathy School Board (1876) 3 R 945; Executive Committee for U.P. Warehousing Corporation Vs. Chandro Kiron Tyagi AIR 1970 SC, 1244; Indian Airlines Corporation Vs. Sukhdeo, AIR 1971 SC 1828; Dr. S. Datt vs. University of Delhi, AIR ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N. 13..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....;…….Respondent Judgment August 16, 1976. Cases Referred: Akaluddin vs. State, (1963) 15DLR466; disagreed with views expressed therein. Alim-jan Bibi Vs. Emperor AIR 1937 Cal. 578 ; Upendra Nath Vs. Emperor, 71 CLJ 597; Ijjat Ullah Vs. Emperor, ILR 1944...... substantiate on evidence, the prosecution case as a whole must fail and the appellants could not be convicted under section 364, Penal Code. On this point reference was made to some cases of Indian jurisdiction namely, Alimjan Bibi Vs. Emperor, A.I.R. 1937 Cal. 578, Upendra Nath Ghose Vs. ..Category: Criminal Law | Date: | Hits: 61
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... Khan vs. Shah Azharuddin Ahmed, 35 DLR (AD) 72; Brij Mohan Singh Vs. State of Punjab, AIR 1987 (SC) 948; Baikuntha Nath Das Vs. Chief District Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 (SC) 563; Union of India Vs. JN Sinha, AIR 1971 (SC) 40. Lawyers In..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... 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. ......R 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 US 186; "(Nixo..Category: Constitutional Law | Date: | Hits: 248
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....;……………………………..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; Humayun Kabir vs. State, 28 DLR 259; Emperor vs. Shibnath Banerjee, AIR 1943 (FQ 75; Malik Gholam Mani vs. Government of West Pakistan, 1......mportant one". 31. In that case the Court considered the case of Emperor vs. Shibnath Banerjee AIR 1943 (FC) 75 where a question arose whether an order of detention under Rule 26 of the Defence of India Rules, 1939 could be made by the Provincial Government following the Rules of Business framed ..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......as not examined and there was no explanation as to why she could not be examined. Her husband DW 3 Satya Ranjan Guha said in cross examination that the attesting witnesses of the pattan migrated to India and none of them was available. Papers of Umesh were also missing. As the pattani papers wer..Category: Property Law | Date: | Hits: 51
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ....................Respondents Judgment October 31 st, 1994 Case Referred To: Care Shipping Corporation vs. Latin American Shipping Corporation (1983) 1 All ER 1121; British India Steam Navigation Co. Ltd. vs. Sharimughavilas Cashew Industries and others (1990) 3 SCC 481. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....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 ..........................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union of India AIR 1981 (SC) 947; Prithi Pal Singh vs. Union of India AIR 1982(SC) 1413; KD Gupta vs. Unio..Category: Constitutional Law | Date: | Hits: 203
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......7 (b), except in the ease of a sitting Member, who has been convicted after his election, as provided under section 8 (a) of the Act. This is with reference to the Representation of the People Act of India. 5. The High Court Division opined that a foreign decision is not binding on the High Court..Category: Election Law | Date: | Hits: 133
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