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Displaying 1741-1760 of 1984 results.
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......ecessity to create a new and fixed rent for all time, though adequate at the time, in lieu of giving the benefit of an augmentation of a variable rent, from time to time, would be a breach of duty in a Sebait. 9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 1917 (PC) 33..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ider every possession lawful the commencement and continuance of which is not proved to be wrongful and this, upon the principle that every man shall be presumed to act In obedience to his duty, until the contrary appears. In other words, the only difference between the possession ..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......uslim caused he chest injury and Kamini caused the injury on the right arm. Since the police did not seize the blood-stained sari. Question may be raised but such non-seizure can at best show lack of duty or negligence on the part of the police, it neither disproves the occurrence nor her preÂsence..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......& 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process o..Category: Criminal Law | Date: | Hits: 38
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......hat a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office In the place of their superior, to perform the duty of the superior." 11. Reference was also made to the proviÂsions of section 10 of the Cr..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......s that Chetla hat stands in an unique position, from the fact that it was estabÂlished by Government, and he seeks to make out that the sums collected in the hat were in the nature of a tax or sayer duty, and not of the nature of compensation for the use of the land on which the stalls of the hat a..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......question of legitimacy by the acknowledgment which was already acceÂpted as a prima facie proof of his claim to son-ship by the courts below in pursuance of the Court's previous decision. The sole duty of these courts was therefore to see if the prima facie proof was nullified and rebutÂted by..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ...... the decree and to make it conform to the judgment. The Division Bench after reviewing the decision noticed that the preponderance of opinion in the subcontinent and also in England Is that it is the duty of the Court to amend the decree when it is brought to its notice that it dose not agree with t..Category: Property Law | Date: | Hits: 48
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......ment servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as such he lies out side the ambit of Article 102 of the Constitution a..Category: Employment/Service Law | Date: | Hits: 124
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ion cannot directly levy tax on the income of the assessment year. The advance payment of tax is only provisional and if after the regular assessment is made the tax paid in advance is found to be in excess of the tax payable, the assessee would be entitled to refund of such tax. Vide section 23B (6......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......re is nothing in the actual terms of section 141A to justify an inference that the intention of the Legislature was that prosecutions by private individuals should not be allowed. The section casts a duty on the Advocate-General or the Public Prosecutor to cause proceedings to the instituted in cert..Category: Criminal Law | Date: | Hits: 59
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......e provisions of section 106, sub-section (3), not so as to enhance the same;" The Privy Council (AIR 1935 P.C. 89) explaiÂned the provisions of this section. In view of the aforesaid provision a duty is cast on the appellate court to dispose of the appeal on merits. In the case of R.G. Jadav vs..Category: Criminal Law | Date: | Hits: 62
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......within the meaning of section 12 of the Stamp Act which runs as follows :— "12.—(1) (a) Whoever affixes any, adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so tha..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......by direct recruitment m such proportion as the central Board may presÂcribe (vide Regulation No. 6(ii) (a). Active service of an employee was to commence from the working day on which he reports for duty in an appointment covered by these Regulations (vide Regulation No. 9). A service register was ..Category: Employment/Service Law | Date: | Hits: 87
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....nce involved a thorough examination of all the circumstances to determine at what stage, if any, the right of private defence arose and when it ended and whether in its exercise there was any excess of the limits imposed by law and finally, if there was such excess, what punishment wou......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......ovisions of the said two Articles are very extraordinary and they are likely to entail unnecessary hardÂships and injustice in some cases but such conÂsideration should not deflect a Court from its duty to interpret law in the light of manifest intention of the legislature. We may here aptly refer..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......the Advocate who accept a dock-brief and undertakes to defend an accused of capital offence without trying to know anything about the case offends against the tradition of his profession. It is his duty to ask for time and pray for adjournment when a last moment appointment is made to defend an a..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......roceeding observed as follows : "Now when a police officer has been called upon by a Magistrate when considering a complaint under Ch. 16, to make a report is the imperative duty of the Police officer to submit, fearlessly and without any apprehension in his mind, the ful..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......e being in respect of rights to property the word 'shall' used therein in mandatory and not directory. There is no vagueness or ambiguity about the intention of the legislature in imposing the duty of serving notice upon the co-sharers when one of them wants to divide the holding. The respon..Category: Property Law | Date: | Hits: 47
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......'s Laws of England as under: "It is often made a condition of a mercantile contract that the buyer shall pay for the goods by means of a confirmed credit, and it is then the duty of the buyer to procure his bank, known as the issuing or originating bank, to issue an irrev..Category: Banking Law | Date: | Hits: 130
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