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....looded this court" since the commencement of The constitution the they now sound almost platitudinous.
67. I shall, therefore, refrain from making copious reference to the decisions cited at the Bar beginning from the case of Charanjitlal Chowdhury AIR 1951 SC 41 to Lingappa Pochanna AIR 1985......to the purpose of the legislation itself. The gist of his argument can be summed up: "if the legislation is considered beneficial then why the defaulters are debarred from contesting only the Local Council elections. Why not the Parliament?
5. Mr. T. H. Khan learned Counsel appearing for the ..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......essed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding.) Clause 9 was amended in 1929 following a decision of Privy Council in Hemendra Kumari vs. Middnapur Zamindary, A.I.R. 1919 P.C. 79. After the amendment the po..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ence was called for The order of interest at the rate of 12% during the pendency of the suit and until realisation did not suffer from any illegality Reliance was placed on two judgments of the Privy Council, namely, Pannal Lal vs. Nihal Chand, AIR 1922 PC 46 and Lala Haki Rai vs. Lal Ganga Ram, AIR..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......ed by him within the statutory period." 21. In Ejaz Ali Qidwai vs. Special Manager, Court of Wards, Balrampur Estate, AIR 1935 PC 53, the Judicial Committee of the Privy Council, while referring to the principle of law regarding adverse possession, observed that:&..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......t alter the character of a suit." 11. As regards when the Court will exercise the discretion conferred upon it by the provisions of the Order 6, Rule 17, C.P.C. the Judicial Committee of the Privy Council bad the occasion to consider the limits on the Court's powers to amend the case of Ma Shwe M..Category: Property Law | Date: | Hits: 99
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......originated from an incident which took place on 4 March, 1969 in the country house of P.W. 11, Nurul Huda, who ordinarily resides in Dhaka city. At the relevant time he was a member of the District Council. In connection with the shifting of a Charitable Dispensary he incurred the displeasure of ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... according to it. When the claim is founded on escheat the onus lies on it to show that the owner of the estate died without heir. In Grida Lal Vs. Bengal Government (1868) 12 M.I.A. 448. The Privy Council laid down that the onus is on the Government to show that the last proprietor of land died..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......m vs. Lal Mohar, 581. A. 254 and Muhammad Siddiq Muhammad Umar vs. The Australisia Bank Ltd., PLD 1966 SC 684. In the first of the cases referred to above, the Judicial Committee of the Privy Council while considering the provisions of Order 41, rule 27 C. P. C. observed as follows: ..Category: Property Law | Date: | Hits: 34
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......fully failed to obey it, the decree may be enforced by his imprisonment, or by the attachment of his property, or by both." 8. In the case of Kishore Bun Mohunt Vs. Prosanna Coomar 21 Cal 74 Privy Council had the occasion of considering the section. 9. In that case decree was not complied wit..Category: Civil Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......difficulty to hold that 'business' is also a property. That business is a property is an established fact; it was held so as far back as in the case of the Trustees of Bombay Tribune, by the Privy Council, reported in 7 ITR 415. In the Bangladesh Statute, after the amendment brought about in 197..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......resence. They are P.W. 1 Paresh, the profounder, P.W. 2 Chandra Shekhar Majumder, the scribe, P.W. 3 Hare Krishna Devnath, a relation of the testator and P.W. 4 Abdul Huq, member of the Local Union Council. Their uniform evidence is that at the instance of Haricharan they and some other members o..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......cannot be said whether a co-partner has any interest at all in the assets or money. 15. In the case of Gopal Chetty Vs Vijayarghavencharjer, A.I.R. 1922 P.C.115, their Lordships of the Privy Council decided that even after dissolution a co partner has no right to sue for share of assets unt..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... question, whether on the death of a party occurring after the preliminary decree but before the final decree, the decree would be a nullity. The question has been finally decided by the Privy Council in the case of Laxmi Narayan Marwary Vs. Bal Mukunda Marwary, AIR 1924, PC 198. In that ca..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
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