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Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....urt Division held, relying upon section 32 of the Arbitration Act, that the appellants' Title Suit No. 378 of 1988 was barred. Section 32 of the Arbitration Act is as follows: "32. Bar to suit contesting arbitration agreement or award‑Notwithstanding any law for the time...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......n engages an Advocate or Vakil to conduct his case, it must follow that he authorises him to make binding admissions before the Court in the course of his conduct of the case. 13. The Privy Council, however, holds in the case of Shewnandan Prasad Singh Vs. Hakim Abdul Fatah Mahammad Reza,..Category: Property Law | Date: | Hits: 28
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ment has been advanced in a simplistic manner, so is the reply by the learned Counsel for the plaintiff-respondents. At the bottom several questions of considerable importance, not examined by the Bar at all and unfortunately the judgment of the High Court Division is also cryptic in nature.&nbs......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... section 4 of the said Act containing a declaration of the Government that the land was needed for a public purpose. That declaration in the present case is Ext. C which shows that the Governor-in-Council was satisfied that the suit land was required to be taken by the Government at public expen..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... might lead to the quarrel. But, it is needless to say that these days the lawyers conducting the cases do not take so much care, pain and attention which is normally expected from the members of the Bar and that may be the reason for which the evidence to that effect might have been omitted. Be tha......used to forgive and forget, even though the offence alleged to have been committed is not a compoundable offence. In Stephen Seneviratne Vs. The King AIR 1936 PC 289 (300) their Lordship of the Privy Council disapproved the idea" that a prosecution must call witnesses irrespective of considerations ..Category: Criminal Law | Date: | Hits: 49
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......itted of the said charge but the appellant and accused Azimuddin were convicted unÂder section 324 for causing hurt to Fakir with danÂgerous weapon. It has been held by their Lordships of the Privy Council in the case of Kishan Singh vs. The Emperor, 55 1.A.390 that when a person is tried for the ..Category: Criminal Law | Date: | Hits: 55
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ...... In the Calcutta Weekly Note case there was no question of limitation and the decision relates to interpretation of the second proviso to Order 21 Rule 90 C.P.C. This decision has relied upon a Privy Council case which is reported in 11 DLR (PC) 143. In the 9 DLR case an order of the House Rent ConÂ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......Zemindary Co. Ltd. reported in 70 C.L.J 218 in support of his submisÂsion. In the case of Chowdhri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. reported in 23 C.W.N. 521 (P.C)=461.A.1, the Privy Council observed that as a benamdar represents the real owner, and is so far as their relative legal..Category: Tenancy Law | Date: | Hits: 106
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ...... in terms of the contract and the licence was given to the MukhtiÂjoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Council made a represenÂtation before the Ministry of Communication for granting licence in respect..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....e Respondent Nos. 1 & 2. Civil Appeal No. 104 of 1984. Judgment: Fazle Munim CJ. - This appeal arises from Civil Order No. 177 of 1984 disposed of by a Bench of the High Court Division, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2nd September 1984. ...... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ed Akbar was a member of the Awami league and Chairman of the Local Union Parishad and Mominul Huq, a votary of the B.N.P was Secretary of the local youth complex. The toll collection of a local hat (Barajhat) was givÂen to the youth complex and admittedly there was a running dispute between the to......State PLD 1973(SC) 469, the Supreme Court of Pakistan had the occasion of tracing the Appellate Criminal Jurisdiction of superiÂor courts and came to the conclusion that the deciÂsions of the Privy Council or the Federal Court cirÂcumscribing their own jurisdiction by self imposed restrictions in..Category: Criminal Law | Date: | Hits: 61
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......n the case unÂder section 19 of the aforesaid Act have occurred. Now, therefore, in exercise of the power conferred by section 20 of the Indian Forest Act, 1927 (XVI of 1927), the Governor in Council is pleased to declare the areas comprised in the caÂdastral plots described below to be a..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......he perÂsons whose possession had been found by the crimiÂnal court. 13. In the case of Raja Indrajit Pratap BaÂhadur Sahi Vs. Amar Singh and others reÂported in AIR 1923 (P.C) 128 of the Privy Council noticed that in the proceeding under section 145 Cr.P.C. the defendant was found in possessi..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......ava consists of 14 elected members and three nomÂinated members. Paurashava is itself a corporate body as it has been noticed a corporate body can only be superseded on serious allegation. The Privy Council in Durayappah v. Fervando and others 1967 (2) The All England Law Reports 152(07) obÂserved..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... only in dry season for 4 or 5 months only. Such limited user on indulgence will neither make it a custom from lime immemorial nor reasonable……………………(15 & 16) Cases Referred to- Barindra Chandra Das and others V. Mvi. Mahbubul Quadir and others 7 DLR 464; Gopal Krishna Sil v. A......sce." 10. In Asrabulla and others v. Kiamatulla Haji Chowdhury and others AIR 1937 Cal. 245 a referÂence was also made to Mercer's case. The decision in Asrabulla's case was approved by the Privy Council in Lakshmidhar Misra and others V. Rangalal and others 54 C.W.N. 143 (P.C), but no view was ..Category: Civil Law | Date: | Hits: 113
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