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Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ounts to a complete denial of the realities of life. The end of law is human happiness in this case, by fulfilling a social or pubic as opposed to a merely individual need. 5. The Privy Council in Pettit’s case repelled the contention that there cannot be a public purpose in ta..Category: Property Law | Date: | Hits: 65
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....jurisdiction of such excepted authority, where the lack of the jurisdiction is alleged, it may call for the invoking of Writ Jurisdiction of the High Court Division and comment has been made from the Bar that the High Court Division under sub-article (5) of Article 102 does not lack jurisdiction t...... the embodiment of the will of the people which is sovereign. 7. Now as to the rule of interpretation of a written Constitution, I will only refer to the celebrated dictum enunciated by the Privy Council in Attorney General for the Province of Ontario vs. Attorney-General for the Dominion of C..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......ifficult proposition because the very purpose of the law will be defeated. 19. In the case of Premier Construction Company Ltd. vs. I.T.Commissioner, Bombay, A.I.R, 1949 (P.C), 20 the Privy Council considered that the remuneration under a contract for personal service out of the money of a..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......andhi Surjanarayanmurti, 52 C, W. N. (P. C.) 505, has stated the proposition of law relating to proof of joint family property in a way which requires a review. It is to be observed that the Privy Council has said that the proof of the existence of a joint family does not lead to the presum..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....utta as Marine Superintendent with a 'Salary of Rs. 300/- p.m. Wazidur Rahman further stated besides this his father had many businesses. There was a shop under the name Indian Paint Supply at Barabazar and its telephone No. was Calcutta 791 which was being used by the plaintiff, Kanchan Mun......rs in the deed of transfer, merely lends his name to the transaction, and acquires no interest in the property. 10. The law of benami was reviewed by the Judicial Committee of the Privy Council in the cases of Gopeekrist Gossain Vs. Gunga-pershad Gossain (1854) 6 Moore's Indian Appeal..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......effect, excluded from the concern, if the confidence of any of partners is destroyed on other and if there is a state of animosity, which precludes all reasonable hope of reconciliation. The Privy Council held this principle in the case of Loch Vs. John Blackwood Ltd, 1924 (A.C) 783. 18. W..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....was a permanent worker being one of the Senior Assistants with twenty years service under the employer; that he was the General Secretary of the Finlay Employees Union which is the Collective Bargaining Agent for the employees of the M/S. James Finlay and Co. Ltd. Dacca and Narayanganj and ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......hould also consider the question of abatement of the suit on account of the death of Jawahar Khatoon and give a fresh decision keeping in view the above directions." 9. This advice of the Privy Council was accepted by His Highness the Amir of Bahawalpur on the 23rd of April, 1942 and the case ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......t for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a contractor, was that by a resolution dated 22-3-61 Rokanpur Union Council, Kaliganj Police Station in the District of Jessore appointed the appellant to sink 3 tube-w..Category: Criminal Law | Date: | Hits: 84
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ourt, I have come to the conclusion that the step taken by him cannot be considered to be illegal or even unjustifiable, to warrant an interference with his judgment. While the learned members of the Bar appearing in cases as officers of the Courts are entitled to all genuine considerations and acco......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......Judges, following a decision of the Patna High Court reported as Maharajdhiraj Sir Kameshwar Singh Vs. Commissioner of Income-tax, Bihar and Orissa, (3) 48 ITR, 483, found that the facts of the Privy Council decision were distinguishable from the facts of the present case as was the position in the ..Category: Fiscal/Taxation Law | Date: | Hits: 82
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......e of allegiance from the country of arrival. This test, in view of the evidence on record does not appear to have been satisfied in this case. P.W. 3 Sirajul Huq, the Chairman of the Nazirpur Union Council admitted in cross examination that the respondents were voters in Pakistan in 1964, that t..Category: Criminal Law | Date: | Hits: 59
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ew the combined evaluation report and will make recommendations and thereafter, since the value of the tender is more than Taka 25 crore, the evaluation report and recommendations will be sent to the Council Committee of the Cabinet for its recommendation and approval and thereafter the Council Comm..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ...... Guha and others, 1986 BLD (AD) 135 it has been observed that- “The long line of judicial decision is to the effect that the remand order should be avoided as far as possible and even the Privy Council in some cases observed that indiscriminate order of remand tantamounts to shirking the respo..Category: Procedural Law | Date: | Hits: 114
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......ng activities….........(30) Cases Referredto- Dr. Mohiuddin Farooque’s case, 49 DLR (AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). 15 QB 600), Bear vs. Bromley (10) (1852), 18..Category: Constitutional Law | Date: | Hits: 199
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....dgment and decree which has correctly been reversed by the High Court Division considering the facts, circumstances and evidence on record. 11. We have examined the submissions made at the Bar and perused the materials on record. 12. On 03.05.1998 charge sheet was served u......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
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