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Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....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 ......e class of court to which the court belongs, the plaintiffs suit will have to be dismissed in its entirety.” 13. The principles quoted herein-above have been approved by the Supreme Court of India in Topandas vs. Gorakhram Gokalchand, AIR 1964 (SC) 1348. 14. Section 23 (I) of the Small C..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ...... 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana vi. Union of India AIR 1960 (SC) 554. Chamarbaughwalla, AIR 1957 (SC) 628; West Bengal Board of Secondary Educa..Category: Intellectual Property Law | Date: | Hits: 279
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ions of the Dacca High Court in Jahirul Huq Khan vs. Stale 9 DLR (Dacca) 109 and Md. Baharuddin Sarker vs. The Slate 10 DLR (Dacca) 321 which were again based on two decisions of the Federal Court of India reported in (1945)7 FC Reports 90 and (1945) FC Reports 93. In the Dacca High Court cases the ..Category: Anti-Corruption Laws | Date: | Hits: 92
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......ent caused damage to the rudder and rudder stock and as she had full cargo on board the hull was badly damaged. She went out of commission altogether. There was no place of repair in Bangladesh or India. The nearest place of repair was in the port of Singapore or Korea or Japan. The ship had no p..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......on as it was not filed within 3 years of dismissal of OC Execution Case No.15 of 1967 on 6.4.68. The appellant’s further case was that the judgment-debtors Gour Gopal Saha and others left for India before the 6th September, 1965 and the suit property was treated as vested property. The decr..Category: Civil Law | Date: | Hits: 133
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....7 & 18 of 1992) Judgment June 30, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kanji Shirji, (1912) Criminal Law Journal (Vol. 13) 285; Lutfar Rahman Vs. State 21 DLR ......eal Nos.15-17 & 18 of 1992) Judgment June 30, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kanji Shirji, (1912) Criminal Law Journal (Vol. 13) 285; Lutfar Rahman Vs. S..Category: Anti-Corruption Laws | Date: | Hits: 92
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......hat is paid as rent under an agreement is paid for the premises together with the benefits of the landlord’s covenants and that payment is at common law in England and under ordinary tenancy law in India the rent of the premises and must be regarded as the ‘rent’ of the premises as that term i..Category: Tenancy Law | Date: | Hits: 82
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....……………………………………… Respondent Judgment June 11, 1995. Cases Referred to- Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18; N Mahmud vs. M Ahmed, 1984 BLD (AD) 97 = 36 DLR (AD) ......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)
....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. ......e matter, we thought it to be a most appropriate case to exercise our jurisdiction under Article 104 of the Constitution. It will not be out of place to say that Article 32 (2) of the Constitution of India invests the Supreme Court of India not only with the writ jurisdiction but also with the power..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......od the entire value of the goods. Thereafter the bank did not proceed with the case as the claim of the bank was settled. In dealing with such an agreement, their Lordships of the Supreme Court of India made a distinction between the motive which may operate in the mind of the complainant and th..Category: Property Law | Date: | Hits: 72
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....- Woolmington vs. Director of Public Prosecution 1935 AC 462; Mancini vs. GPP Director of Public Prosecutions 1942 AC 1; Safdar Ali vs. Crown 5 DLR (FC 107; Major Robert Stuart Wauchope vs. Emperor 38 CWN 187; Osimuddin Sarkar vs. The State 13 DLR 197 PLD 1961 (Dacca) 98; Abdul Bari Sikda......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 76...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....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. ......sharer of the property. In another case, also the Chairman identified one Amarendra as the only heir of the deceased Abinash Chandra Bhattacharjee although there were other co-sharers living in India. From the above facts in appears that the Chairman is guilty of misconduct in the discharge ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... Vs. Amatu Md............................Opposite Party Judgment November 9th, 1970. Cases Referred to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanarayan, AIR 1932 Mad. 502; Emperor ......930 Cal. 666; Lakshminarayan and others vs. Suryanarayan, AIR 1932 Mad. 502; Emperor vs. Asghar and others 37 ALJ 337; Chhadamila Jain and others vs. State of Uttar Pradesh and another AIR I960 SC (India) 41. Lawyers Involved: Md. Jamiruddin Sircar — For the Petitioner. ..Category: Criminal Law | Date: | Hits: 82
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......d motivated. It is their further case Birendra died in Pakistan on 31.12.66 and he was insane for about 30 years till the time of his death, and that he leaving 4 sons all of whom are residents of India and that the plaintiff petitioner has got no connection whatsoever with the disputed lands wh..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....t Judgment June 5th, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. ......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
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....s vs. The Chief Commissioner, Karachi and others PLD 1962 (Kar) 249. Similar also the observation of Chief Justice Beaumont sitting with NJ Nanda J. in the case of Gulabrao Laxmanrao Chandgude vs. Emperor AIR 1935 Bom. 409. So also are the observations of Das Gupta and PN Mukherjee, JJ. in the ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....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. ...... FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 ..Category: Property Law | Date: | Hits: 86
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....gment August 21st, 1970. Cases Referred to- Emperor Vs. CA Mathews, AIR 1929 Cal. 822. Lawyers Involved: Abdur Rasheed with ATM ......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 82
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ficer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Invol..Category: Fiscal/Taxation Law | Date: | Hits: 106
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