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Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......;……………………………… Defendant-Respondents Judgment June 3, 1996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; ..Category: Property Law | Date: | Hits: 70
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......ing which is as follows: “The Legislature must have been conscious of the phraseology of section 488, Cr. P. C. In spite of that it did not place any restriction on the powers of the Arbitration Council to award maintenance, In our opinion, under this provision of law, the Arbitration Council i..Category: Family Law | Date: | Hits: 198
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......g for a long time because of the issuance of the Rule by the High Court in 1991 which has been disposed of by the impugned judgment only the other day. 7. It may be mentioned that the Privy Council in the case of Emperor vs. Nazir Ahmad AIR (32) 1945 PC 18 approved the view taken in a Mad..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....e said subject in the Dhaka Government College in 1964 on ad hoc basis and served in that capacity till November 1964. In January 1965 he became lecturer in Economics in the Women’s College. Barisal and served in that capacity upto August 1967. He was appointed as Principal of Patarhat Ra......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......ant) and Mr. Rafique Ahmed Khan were appointed in 1971 by the Mujib Nagar Government and, as such, they were given seniority from the date of their appointment at Mujib Nagar with the approval of the Council Committee; that the case of respondent No. 1 was considered several times on his representat..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ...... discharging his constitutional duties. It was also his contention that under Article 58(2) (now repealed) of the Constitution, “The question whether any, and if so what, advice was tendered by the Council of Ministers or a Minister to the President shall not be inquired into in any Court”. Ther..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... as a result of which a doctor and two outsiders were killed and several doctors and students were seriously injured. 4. Within two hours of the incident a joint meeting of the Academic and Staff Council of the Chittagong Medical College was held in the College the conference room which was pres..Category: Constitutional Law | Date: | Hits: 169
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......erminate and definite conclusion, then in such a case the question of onus loses its importance and the same need not be further pursued. See the observation of the Judicial Committee of the Privy Council in the case of Hames and another vs. Hickson AIR 1946 PC 156. The same view has been repeat..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ctor of Public Prosecutions 1942 AC 1; Safdar Ali vs. Crown 5 DLR (FC 107; Major Robert Stuart Wauchope vs. Emperor 38 CWN 187; Osimuddin Sarkar vs. The State 13 DLR 197 PLD 1961 (Dacca) 98; Abdul Bari Sikdar The Crown 7 DLR 457; Md. Hekmatullah vs. The Crown 7 DLR 13; Emperor vs. Anwar Ali AIR ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......d within twelve years prior to the institution of the suit. Mr. Salam has further urged with reference to the said point of onus of proof and in support of his contention has referred to the Privy Council decision in the case of Kumbhan Lakshmanna and others vs. Tangirala Venkateswarla 2 DLR 83 ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......nbsp; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January ..Category: Others | Date: | Hits: 92
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......a is a necessary ingredient of criminal offence unless the statute either clearly or by necessary implication dispenses with mens rea. In this connection, he has referred to the decision of the Privy Council in the case of Srinivas Mall vs King Emperor 51 CWN 900. In the aforesaid case their Lordshi..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......quot; In the facts and circumstances of the. said case Cornelius, J. did not maintain the order of stay granted by the trial Court till the disposal of the case pending before, the Privy Council. But while passing the order his Lordship held in the facts and circumstances of the said ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98