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Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....round. In these circumstances the matter came before us. 3. The appellant was enrolled as an Advocate of the then High Court at Dhaka in 1966 under the East Pakistan Legal Practitioners and Bar Council Act, 1965‑Act 3 of 1965. Bangladesh was declared an Independent State with effect......d. In these circumstances the matter came before us. 3. The appellant was enrolled as an Advocate of the then High Court at Dhaka in 1966 under the East Pakistan Legal Practitioners and Bar Council Act, 1965‑Act 3 of 1965. Bangladesh was declared an Independent State with effect fro..Category: Others | Date: | Hits: 92
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... one case, there does not appear to be any more fact than what was already stated in the FIR. It appears that the appellant who was the Education Minister at the relevant time presided once over a Council Committee meeting (for purchase of ships) in the absence of the regular convener who, it is..Category: Constitutional Law | Date: | Hits: 150
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... August 11th, 1991. Cases Referred to- P Lakshmi Reddy Vs. L Lakshmi Reddy AIR 1957 (SC) 314; Dwijendra Narain Roy Vs. Joges Chandra De AIR 1924 Cal 600; AIR 1932 Privy Council 92, Venkata Subarnma Vs. Ramayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath &a..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....red by another body. An administrative tribunal may act judicially, but still remain an administrative tribunal as distinguished from a Court, strictly so called. " 30. Both the Bench and the Bar in the countries where English common law system had an abiding influence had always looked aska......ly triable only on indictment before a Supreme Court Judge exercising the jurisdiction of a circuit court of the Supreme Court. This 'Full Court Division' was held to be unconstitutional by the Privy Council by a majority judgment in Hind's case (Supra) because the Jamaican Act without amending the ..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......se mainly because of an erroneous assumption that there ought to have been evidence to show that the shebait knew about their possession from before. 14. The Judicial Committee of the Privy Council in the Secretary of State for India Vs. Debendra Lai Khan 38 CWN 285 pointed out that..Category: Property Law | Date: | Hits: 62
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......"Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division" is sufficient to repel such a contention. In Emperor Vs. Nazir Ahmed AIR 1945 Privy Council 18 the true import of the section has been stated to be that it only provides that those po..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....Hossain, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No. 1 of 1991 (From the Judgment and order dated 28th May, 1990 passed by the High Court Division, Barisal Session, in Death Reference No. 6 of 1988 (Barisal) (Death Reference No. 5 of 1987, Dhaka) ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... DLR (SC) 251 and James Finlay Vs. Chairman, Second Labour Court, Dhaka 33 DLR (AD) 58 that an industrial dispute shall not be deemed to exist unless raised in the prescribed manner by the Collective Bargaining Agent or the employer, and that a case under section 34 of the IRO is not an industrial d......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 31. We have not many reports of cases of our Courts Where the conviction had been challenged in a writ proceeding, presumably because the remedy by way of appeals is often found by the Bar as a more adequate remedy. In Moslemuddin Sikder PLD 1957 Dacca 110 the petitioner challenged b......ts will of everything they can to prevent a convicted person from being freed because of some procedural defect in the manner of execution of his sentence. In RV Mount (1875) LR 6 PC 283 the Privy Council held that the there was an inherent power to remand a convicted felon until the appropriate..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......t to any conspicuous part of the premises, as specifically laid down in the second paragraph of section 106. We get support to this view from a number of decisions including the decision of the Privy Council in the case of Harihar Banerji Vs. Ramshasi Roy, AIR 1918 (PC) 102. This decision was follow..Category: Tenancy Law | Date: | Hits: 97
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... leave is for expunction of some remarks made by a Single Judge of the erstwhile High Court of East Pakistan in a Judgment in Criminal Revision No. 516 of 1967 against an Advocate Mr. Amirul Islam, Barrister-at-Law who appeared for the petitioner in the above mentioned Criminal Revision. The impu......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......nstant case, the police used fire arms. There is nothing on record to show that the enquiry as contemplated under Rule 157 was not held. 10. It has been held by their Lordships of the Privy Council in the case of H. H. B. Gill Vs. The King, A.I.R. 1948 (P. C.) 128 that a public servant ca..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......s conviction under section 304 into one under section 302 and sentenced him to death on the application for revision under section 439, Cr.P.C. Kishan Singh, on special leave, appealed to the Privy Council against his conviction made by the High Court of Allahabad. Their Lordships of the Privy C..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....to arrest the gradual decline of the standard of this noble profession. We may only point out that it is true that no court can efficiently function except with the responsible co-operation of the Bar, but this is a matter which concerns the members of the Bar themselves more than anybody else. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... malafide or without jurisdiction, is a nullity, such an order cannot be taken to have been made under the said statute. Reference may be made to the decision of the Judicial Committee of the Privy Council in the case of Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 same cas..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......ssment of tax income, profits and gains of the assessee can be properly deduced from such accounts. 16. In construing the provision of section 13 of the Act, the Judicial Committee of the Privy Council expressed the view in the case of Commissioner of Income tax, Bombay Vs. Sarangpur Cotton Ma..Category: Fiscal/Taxation Law | Date: | Hits: 164
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....lated in section 96(7) read with section 96(9)(c) of the Act and it comes under rule 35 of Order XXI for the said purpose. 10. We now proceed to consider some decisions cited from the Bar. The decision in the case of Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856 ......is one on the earlier Civil Procedure Code. The Calcutta High Court held that when the Division Bench of the High Court made an order dismissing an application for leave to appeal to His Majesty in Council with costs, the order as to costs is to be enforced by execution in the court which passed ..Category: Property Law | Date: | Hits: 77
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