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Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)

.... on temporary basis curtailing Ward No. 24 Uttar Agrabad from the area of the writ petitioner overlooking that respondent No. 3 Md. Yusuf Aii hails from the village Dakshin Kanchana S. M. Chowdhury Bariunder Satkania Police Station of the Chittagong District situated about 40 miles away from City...... In its ordinary meaning the word is capable of embracing permanent as also temporary residence. Referring to the word "resides" in Section 33 of the Registration Act, 1908, the Privy Council in Sarat Chandra V. Bijoy Chand, AIR 1937 PC 46 at p.47 observed: "The ..

Category: Constitutional Law | Date: | Hits: 178

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....ded to a per­son other than the pardanashin lady but clai­ming interest through her. 9. To appreciate the two propositions some of the authorities, mostly of the Privy Coun­cil, cited from the Bar, for which we are thankful to the learned Counsel of both sides for the labour undertaken by the......w far this contention is sustainable. It is to be observed that the question of special onus with regard to transaction entered into with a pardanashin lady has been settled by a long string of Privy Council decisions. What is now requited is to see whether the exposition of law has rightly been mad..

Category: Property Law | Date: | Hits: 53

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..

Category: Property Law | Date: | Hits: 85

Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)

....tion given earlier does not militate with the language of section 96 of the Act and so applicable to the section as well. Of the current of decisions three are reported which have been cited at the Bar. 3. The first decision is by Akram C. J. in the case of Haji Md. Jayan Ali vs. Raju Pramanik ......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..

Category: Property Law | Date: | Hits: 55

Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)

....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..

Category: Constitutional Law | Date: | Hits: 157

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....he right of appeal has been expressly taken away from a decree passed by a Court of Small Causes. So, the order passed by a Court of Small Causes no doubt will be a decree but will not be appealable. Bar to appeal cannot be an impediment of treating an order made under section 144 of the Code as a d......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..

Category: Procedural Law | Date: | Hits: 96

Gopinath Ghose Vs. State, 1980, 9 CLC (AD)

....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......sistency between acquittal of murder and conviction for rob­bery. 9. Mr. S. R. Pal has relied on (1950) A. C. 458 AIR 1965 SC) 87, 6 DLR 634, AIR 1956'(SC). 415, and PLD 1963 (Da), 595, The Privy Council case, that is the first men­tioned one, is the basis of the decisions in the other cases as..

Category: Criminal Law | Date: | Hits: 42

Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)

....f his tenancy. In this view of the matter, we are not called upon to dilate on this Ordinance any further. 9. At the outset, it is to be observed that learned arguments have been advanced from the Bar on the English rule of the tenancy-at-will which is created where lands or tenements are let out...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..

Category: Tenancy Law | Date: | Hits: 67

Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)

....ases cited by the learned counsel of the petitioner which is more commonly known as the Hotel Intercontinental Case, the High Court Divi­sion, after considering elaborate arguments advanced from the Bar both for and against the view that the worker who has not been dismissed as a result of an indus......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..

Category: Employment/Service Law | Date: | Hits: 68

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....rt of Pakistan but it was dis­missed on the ground of limitation. So, leave was granted to consider the three questions set out above. 5. Learned and lengthy arguments have been advanced from the Bar. The learned Judges of the High Court were not nanimous in their opinion and three learned Judge......of the cons­truction of a taxing statute is to be found in the case of Commissioner of Inland Revenue vs. Mutwalli Investment Co. Ltd. 1967 (2) A.C. 587 at 595 by the Judicial Committee of the Privy Council. The relevant passage may be quoted. "Although some arguments were addre­ssed to th..

Category: Trust/Waqf Law | Date: | Hits: 239

State, People's Re­public of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

...., but recognition has been given by the Proclamation of Martial Law which was proclaimed on August 20, 1975, as amended. 8. With an elaborate and lengthy discus­sion on the question raised at the Bar, the learned Judges arrived at the following con­clusions, inter alia, (1) the petitioner is an......Co) would be entitled to succeed.” The judiciary Act is not retrospective by express enactments or by necessary intendment. And, therefore, the only question is, was the appeal in to his Majesty in Council a right vested in the appellants at the date of passing of the Act or was it a mere matter o..

Category: Criminal Law | Date: | Hits: 294

M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)

....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dis­missed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......t No. 1. In this view of the matter the petition under section 34 of the Arbitration Act was rejected. 8. In the Bill of Lading the code name of which is 'Cogenbill' is approved by the Documentary Council of the Baltic and International Maritime Conference. It conta­ins a clause 'all terms, cond..

Category: Business or Commercial Law | Date: | Hits: 89

Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)

....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is dis­posed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......ct of any proceedings of such Special Tribunals. If such provi­sions were to be found anywhere in the Special Powers Act it might have been held, as was done by the Judicial Com­mittee of the Privy Council in AIR 1946 (PC), 169, already referred to above, that the High Court Division had jurisdic..

Category: Criminal Law | Date: | Hits: 51

A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial Research & ors, 1980, 9 CLC (AD)

....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Indus­trial Research and others ............Respondents Judgment A..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..

Category: Employment/Service Law | Date: | Hits: 77

Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)

....7, 1975 issued warrants against the appe­llant and 5 others. This order cannot be said to be an order taking cognizance of the offence against the appellant and others. The arguments advanced at the Bar in this respect is misconceived. The case being triable under the special statute, that is, P.O.......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..

Category: Criminal Law | Date: | Hits: 48

Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)

.... without any lawful authority and the order passed by the Prescribed Authority in conse­quence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......rstood at the same time as laying down that the fram­ing of rules is essential for the disposal of any business. The Governor was em­powered to frame rules and if the rules were framed the Union Council would be bound by them, but that does not mean that in the absence of rules the union co­u..

Category: Employment/Service Law | Date: | Hits: 108

Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)

....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......ith section 103 in clear lan­guage has ousted the jurisdiction of the Civil Court and ouster of the jurisdiction of Civil Court could only be avoided by applying with the rule laid down by the Privy Council in many decisions, notable among them being the case of Secretary of Sate vs. Nask & Co. 44 ..

Category: Trust/Waqf Law | Date: | Hits: 196