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Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....stretching the statutory provision itself and with the addition of some new power which was not available to the High Court before introduction of section 561A. No argument has been advanced from the Bar to the effect that even in the absence of Section 561A the High Court was competent to examine t......gh Court the learned Attorney-General drew our attention to some of the observations made in the aforementioned case. Thus, in the case reported in AIR 1945 PC 94, the Judicial Committee of the Privy Council observed as follows: "The section gives no new powers, it only provides that those wh..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... of Civil Procedure. 6. After hearing Mr. Khandker Mahbubuddin Ahmed for the Appellant and Mr. Md. Faziul Karim for the Respondent, we felt the necessity of taking further assistance of the Bar, as the question under consideration is of general public importance, and there is no uniform d......ot moved the High Court in revision, and if the order affects of course, the decision of the case. There is no dispute on this point, and this proposition has long been laid down by the Privy Council on the language of the earlier enactments before the present Civil Procedure Code in the ca..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......d Ishtiaq Ahmed has also relied upon decision of the Supreme Court of India in the of Deo Kuer Vs. Sheo Prasad AIR 1966 SC 369 this decision the Supreme Court placed both the decisions of the Privy Council referred to earlier. The Patna High Court, wherefrom the appeal went to the Indian Supreme..Category: Civil Law | Date: | Hits: 112
State Vs. Zahir and ors., 1993, 22 CLC (AD)
.... Jalil after recording statements of witnesses proposed to submit final report but the Superintendent of Police directed further investigation. Thereafter two Sub-Inspectors of Police, namely, Mr. Barak and Mr. Arun Bala investigated the case but could not collect any evidence and the 4th person......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......the High Court Division found it unacceptable. In this connection the learned Judge considered the case of Begu and others Vs. Emperor, 26 CrLJ 1050 (PC) wherein the Judicial Committee of the Privy Council after referring to the provisions of sections 236 and 237 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....about 6‑45 AM. Deceased Ekhlasuddin had some business at Jessore with his Advocate Nurul Islam and had to cross the river Nabaganga 11/2 miles away from his house by boat at a place called Baraipara Kheyaghat. Ekhlasuddin asked his nephew P.W. 5 BM Imdadul Huq @ Tulu to go to Baraipara K...... The accused persons being enemies were roped in as an afterthought. 7. Appellant Nawabul Alam is the head of his family, Appellant Khalilur Rahman was elected Chairman of the Local Union Council defeating P.W. 1 Ekramul Huq and an election case against both appellants Nawabul Alam and ..Category: Criminal Law | Date: | Hits: 60
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....on [1866] LR IHL, 129 and taking the husband's constructing the building on his wife's land knowing it to be his wife's as “an additional and special circumstance”. 20. Sir Barnes Peacock said in 6 Suth WR 228. "We have not been able to find in the laws or customs o......ed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself." 21. In Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135, the Privy Council after citing the above statement with approval observed that "it seems to have been ac..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... a "criminal matter" within the meaning of section 56 (e) of the Specific Relief Act. 22. The legal effect of an order passed under section 145 Cr.P.C. was considered by the Privy Council in Dinomoni Chowdhrani Vs. Brojo Mohini Chowdhrani (1901) 29 Ind. App. 24(33) as follows : ..Category: Property Law | Date: | Hits: 81
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ...... (L R. 48 Indian Appeals 31) as well as Member Board of Revenue V Akhtar Khan (P.L.D. 1968 S C 270) and Sashi Bhusan V. Asghar Ali [20 D.L.R (S.C.) 217.]. 5. The three aforementioned Privy Council cases related to certificate under rule 3 of Order 15 of the Code of Civil Procedure. It wi..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......ited the investigation on the ground that the evidence of the informant in an earlier proceeding on similar charges against the respondent was found to be unacceptable Their Lordships of the Privy Council observed that the reasons given by the High Court may be good ground for rejection of accus..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... three learned Judges of the High Court Division and have heard the elaborate arguments advanced by the learned Attorney-General and Mr. AR Yusuf in this case. Lot of decisions have been cited at the Bar, but for determination of respondent No. 1's citizenship I do not find that those are very relev......ision I have got no doubt that in deciding any matter under Article 3 the principle of 'hear the other side' must be followed. 21. For non-observance of the principle of natural justice the Privy Council in Attorney- General. Vs. Ryan [1980] AC 718 advised that the Minister's decision to refus..Category: Immigration and Citizenship Law | Date: | Hits: 522
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears of house rent and obtained a decree. The decr......sub‑section 1 of Section B Part I of the schedule which confers jurisdiction in respect of "suit for the recovery of money due on contract, receipts or order documents" on the Union Council if the impugned claim does not exceed Taka 500.00, is an oral contract or written contract..Category: Property Law | Date: | Hits: 70
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