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Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.......Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Regional Hospital Board and another (1958) 1 All ER 322; Francis vs. Municipal...... to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Regional Hospital Board and another (1958) 1 All ER 322; Francis vs. Municipal Councillor of Kualalampur (1962) 3 All ER (PC) 633; Vidyodaya University of Ceylon and others Vs. Si..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......ll established that a right of appeal is a substantive right which can be created by an express provision of a statute and cannot be deduced inferentially. The Judicial Committee of the Privy Council had to consider a similar question in the case of Rangoon Botatoung Company Ltd. Vs. The Co..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....m to the Gulam Mohammad Jute Mills where there was a military camp; that on the third day of their arrest, the two appellants along with some Army men brought Yusuf under a banyan tree in front of Barabkunda School and assaulted him there. Thereafter the Army left that place and the appell&...... even in the absence of any charge under section 364 framed against the appellants. 17. The learned Attorney General next-referred to the decision of the Judicial Committee tee of the Privy Council in the case of Begu and others Vs. the King Emperor reported in A.I.R. 1925, 130 in support..Category: Criminal Law | Date: | Hits: 61
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... sent to the morgue and a medical board held autopsy of the dead body on 1 8-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 others on 20-1-91. The trial Court after considering the facts and circumstances......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Category: Civil Law | Date: | Hits: 109
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....f 1999 has been filed by the accused-appellant Maksudul Alam alias Nantu and Criminal Appeal No. 31 of 1999 has been filed by appellant Mokbuluddin Ahmed, former Principal of BM University College, Barisal and Professor Sayeed (Saidur Rahman), Principal, BM University College, Barisal. All these...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48....... High Court Division was wrong in refusing the prayer for review of its judgment passed in FA No. 366 of 1995. 7. In Kessewji Issur vs. GIP Ry. Company, 34 IA 115 (PC) their Lordships of the Privy Council said: “Now the Civil Procedure Code permits such applications for review on the ground ..Category: Property Law | Date: | Hits: 107
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....gned order of the Acting Chief Election Commissioner is coram non judice……………(9 & 15) Cases Referred to- Barnard and others vs. National Dock Labour Board and another, 1953(1) All England Law Reports 111......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....rties under section 283 of the Succession Act but Mr. Pal has argued that the principles enunciated therein are equally applicable in a proceeding under section 286 also. 11. Unaided by the Bar a decision. Bishakha Gupta vs. Bepin Behari PLD 1957 Dhaka 548, by a Division Bench has come to...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Special Reference No. 1 of 1995, 24 CLC (AD)
....itical controversies that are raging outside for long and the constraint of the time factor, we decided to keep the hearing confined to the representative section of and constitutional experts at the Bar. In order that the Court may not be held responsible for prolonging and thereby adding to the "p......h might occur to qualify, cut down, and override the operation of particular words when the concrete case is not before it." 19. It will be seen, however, that such bias notwithstanding the Privy Council did give opinion in all cases except for good and compelling reasons. Lord Haldane in the Ho..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Spens CJ taking the minority view held that such matters as those to be dealt with under Rule 26 could be dealt with in accordance with Rules of Business. The minority view was approved by the Privy Council in the appeal taken by the Crown (LXXII) Indian Appeals 24 1). 32. The High Court Divisio..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... was all along ready and willing to pay the balance and that after filing the suit he was also ready to deposit the balance if the Court directed so. He has referred to an observation of the Privy Council in Arde Mama vs. Flora Sassion (AIR 1928 PC 208) where it has been stated that it is the &..Category: Property Law | Date: | Hits: 69
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ...... law and Muslim Law, which has been admirably and elaborately dealt with in the case of Mst Khan Bibi vs. Hst. Safia Begum, PLD 1969 Lahore 338. This decision followed the reasonings in the two Privy Council cases of Amjad Khan vs. Ashraf Khan and others AIR 1929 (PC) 149 and Nawazish Ali Khan vs. A..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......a vs. Subramanian AIR 1976 (SC) 2433 and Union of India vs. Tulsiram Patel AIR 1985 (SC) 1416; LR Khurana vs. Union of India. AIR 1971 (SC) 2111; Bangladesh vs. Zahangir Hossain 34 DLR (AD) 173; Council of Civil Service Unions and others vs. Minister of Civil Servicc(1984) 3 WLR 1174; Dr. Ram ..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......s that in case the tenant sets up a claim of title in himself he shall firstly surrender possession to the person from whom he had taken it.” To the same effect is the decision of the Privy Council in B. Kunwar vs. Ranjit Singh, AIR 1915 PC 96 = 42 IA. 202. 18. In view of the clear find..Category: Tenancy Law | Date: | Hits: 87
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....he Criminal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Din......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92