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AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
......Respondents Abul Kalam Azad ………………..Appellant (In Civil Appeal No. 52 of 1985) Vs. Nur Hossain Howlader and others...........................................Respondents Abul Bari……………………...Appeallant (In Civil Appeal No. 53 of 1985) Vs. Shahjahan Chowd......do not, however, appear to exist in the present case as will appear from our discussions. 23. In K. K. Shrivastava Vs. Bhupendra Kumar Jain, AIR 1977 SC 1703 the validity of an election to the Bar Council of Madhya Pradesh was under challenge before an elecÂtion tribunal (set up by rules framed..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....gements of the Courts below and dismissed the suit on the findings that the plaintiff failed to prove that defendant Khorshed Alam was not the son of Amir Ali and that he was the son of prostitute Baramoni. Acknowledgement by Amir Ali of sonship of defendant Khorshed Alam Khorshed Alam pr......e logic therefore upholds the conÂtention of the defendant for the doctrine of acknowledgement to come into play. Mahmud, J. in his celebrated judgment in 10 All 289 (which was upheld by the Privy Council In the case of Habibur Rahman Chowdhury Vs Altaf Ali Chowdhury and others, 48 I.A. 114) poi..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......case the decree was corrected, "because that mistake ought to have been corrected as a matter of course." 17. In Seth Manakchand. Vs. Chaube Manoharlal and another reported in 48 CWN 435 the Privy Council considered the question and observed: "The question was what the decree meÂant and ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......unsel for him vigorously asserted its correctness, particularly of the following paragraph in that judgment which rum as follows: "7. Mr. Roy contends that the fact that long after this Privy Council decision the Legislature introduced the provision for issuing of notices of sale by regi..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......garding these rules from the standard translations of two very distinguished classical compilations on Sunni Law, namely, the Hedaya and the Fatawa-Alamgiri. Thus, the Judicial Committee of the Privy Council recoÂgnised the value and importance of these two books. It was observed: "The Heda..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......had put him into possÂession. 7. Mr. T.H. Khan, learned Advocate for the respondent does not dispute this proposiÂtion of law particularly when the question has finally been decided by the Privy Council in the case of Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29. But his contention is that mine..Category: Property Law | Date: | Hits: 37
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......t may be made (i) on the basis of the return, (ii) on the basis of the evidence adduced and (iii) to the best of the Income Tax Officer's judgment, which is called best judgment assessment. The Privy Council pointed out in Badridas Daga V. Commissioner of Income Tax, 1949 ITR. 209 that assessment re..Category: Fiscal/Taxation Law | Date: | Hits: 95
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....ision No. 91 of 1984.) Judgment Fazle Munim CJ. - This appeal arises from Criminal Revision No. 91 of 1984 decided by a Single Judge of the High Court DiÂvision, Dhaka Bench (Mr. Justice Abdul Bari Sarker) on 22nd July 1984. 2. One Mr. Atiq owned the Press in quesÂtion, being Shafiq Press......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......uch reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as to enhance the same;" The Privy Council (AIR 1935 P.C. 89) explaiÂned the provisions of this section. In view of the aforesaid prov..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......g with a matter of winding up by a Court. The winding up matter is a serious affair which is evident from the perusal of the entire Part V of the Act and in this conneÂction the anxiety of the Privy Council in the case of unjustified winding up order may be noticed in the decision of the Ripon Pres..Category: Company Law | Date: | Hits: 195
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......946 (Lahore) 65, was taken note of both by M. Monir in his book and the learned Judges of the Supreme Court of India in the case referred to above and they opined that the observation of the Privy Council in the case of Balgangadhar Tilok Vs. Srinivash Pandit reported in 42 Indian Appeal, 135 up..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......vil Appeal No. I8-D of 1969). Judgment April 4, 1975. Cases Referred to- The Queen Vs. The Justice of the County of London and the London County Council, in (1893) 2 Queen's Bench Division 476 (492); Gancshmulla Surana Vs. Nagraj Surana, 56 C...Category: Business or Commercial Law | Date: | Hits: 81
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......overnment, which was unnecessary. ReferÂence in this connection has been made to the decision in the case of Mst. AH Begum and ors. Vs. Badrul Islam Ali Khan and others reported in A.I.R. 1938 Privy Council 184. As regards the powers of a statutory body, such as D.I.T. reference was made to para 12..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....lass Industries" and was a creditor to the extent of Taka 23.000/- of M/s. Indo Pak Pharmaceutical Works Limited, (hereinafter referred to as "the firm") which was incorporated in 1954 in the town of Barisal and of which Ram Lai Bhattacharjee, Jibananda Bhattacharjee and Suresh Chandra Sen Gupta, wh......proclaimed. There has since been no revocation of that declaÂration but there is also the fact that hostiÂlities came to an end by the announceÂment of the cease-fire declaration in the Security Council and later the warring parties were brought to the conference table at Tashkent by the good..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......s which they were competent to do as the successors of the Supreme Courts. There was a difference of opinion on this point between some of the High Courts and the matter went up to the Privy Council which in the case of C.P. Matthen Vs. District Magistrate, Trivandram reported in AIR. 1939..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ...... Judgment Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... 302/34, the appellant was charged under section 302/109 and Nagar Bashi Mali was charged under section 201 of the Penal Code. The flat was in the occupation of the appellant's husbanding Mr. Abdul Barik Bluiiya an Assistant Collector of Central Excise and Land Customs, Chittagong. Apart from the......dence Act. It simply says that the Court may "take into consideration such confession". In the case of Bhuboni Sahu Vs. The King, reported in L. R. 76 Indian Appeals page 147, the Privy Council stated as follows: "But a confession of a co-accused is obviously evidenc..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......victed persons in exercise of revisional juÂrisdiction under section 435 of the Code need not be considered here. 11. We may state here that the observation of the Judicial Committee of the Privy Council in the case of Lala Jairam Das and others Vs. Emperor reported in AIR 1945 (PC) 94 in so far..Category: Criminal Law | Date: | Hits: 104
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ew found favour with the majority of the learned Judges of the Full Bench of the Allahabad High Court in Begum vs. Mohammad Yakub. ILR 16 All. 344; and this view was approved by the Privy Council in a later case. Of course the Supreme Court of India in Radha Kishan vs. Sreedhar Ramchand..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
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