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Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....operty was never in “controversy in the suit" and the plaintiffs did not claim that property. When this is the position then a clear case of mistake is made out and keeping in mind the consistent judicial pronounce meat since 1882 we have no hesitation in saying that the decree is liable Co be a......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 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......ith respect to a male child, appertains to the mother, until he becomes independent of it himself, that is to say, he becomes capable of shifting, eating, drinking and performing on her natural functions without assistance after which the charge devolves upon the father, or next paternal r..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....opies, the respondent did not apply to the Court to lodge a complaint under section 195 Cr.P.C. against the appellant on a charge of forgery who produced or filed in evidence these documents in a judicial proceeding. Such a complaint may be filed under section 195(1) (c) Cr.P.C. even now if th......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division 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. ......has contended that the respondent was never posted to any government department or transferred outside this bank. He has explained them it during-he formative stage of the Land Mortgage Banks whose functions and responsibilities have been detailed in a separate chapter of the Act (Chapter V), the ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....greement with the Bank is seen to be its sole aim. This has to be, otherwise not only the Bank will suffer from delayed recovery, the entire financial and economic interests of the society will be prejudicially affected. Hearing of a grievance in any proceeding under Article 33 of the Order cannot, ......articipation Fund in Bangladesh and for matters connected there with or incidental thereto". 14. It confers upon the Shilpa Bank powers to advance loan and provides the composition, powers and functions of the Bank. It also lays down elaborate procedure for recovering the loan advanced to var..Category: Banking Law | Date: | Hits: 121
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....able of giving the evidence or whose attendance cannot be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence unde......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....are transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said transferor delivered the share Certified at the time of execution of the de......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. ..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: ......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: ..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....e under the said Ordinance, that the executive authorities consistently applied the power to vest properties as enemy properties after the lifting of the emergency and the Courts of Pakistan took judicial notice of the fact of existence of the state of war, in the absence of an announcement by......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....the said A.K.M Golam Kabir made in purported exercise of powers conferred upon the Government by clause (a) of sub-section (1) of section 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th Septembe......se upon which the existence of jurisdiction is founded. The question of security of the State is a matter of as much concern to the judiciary as it is to other organs of the State through which it functions; and in dealing with an application for bail of a person, who is detained on accou..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
..... Rashid in the neighborhood shortly before the occurrence took place. Sadhan Kumar Mali, who was a sweeper of the flat, and Surid Chandra Das were arrested on suspicion and after arrest they made judicial confessions alleging that they had murdered the two persons at the instigation of the appe......ide his jurisdiction. There is no dispute with regard to the principles laid down in the aforesaid cases. Both the cases were founded upon "evidences" and the Supreme Court indicated the functions of the committing Court and the Sessions Court. In the instant case, as we have note..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 paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....t with his wife which though was mentioned in the complaint petition which was also under enquiry by the police. Complaint petition is not a statement of the complainant. The expression "judicial proceedings" has been defined as follows- “Judicial Proceeding' inc......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. ..Category: Criminal Law | Date: | Hits: 77
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......sts and assets of "Pakistan National Oil Company Ltd." which attained the character of an 'abandoned company'. Under section 31 of Bangladesh Petroleum Corporation Ordinance 1976 certain functions and lights were transferred to the Petroleum Corporation. By virtue of such transfer the ..Category: Business or Commercial Law | Date: | Hits: 107
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ...... is, the carpet used by the Mohammadans for prayer, and "nashin", that is, sitting office of a Sajjadanashin which is a spiritual office, and the Sajjadanashin has certain spiritual functions to perform unlike that of a mutwalli which is a secular office. The founder is gener..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ost held by the public servant concerned: — (b) availability of a "qualified candidate for the post held by the public servant concerned; (c) indulgence by a public servant in activities prejudicial to the interest and the fundamental principles of the State; (d) bad reputation relatin......l extend beyond the completion of the fifty-eighth year of his age: Provided further that where after the commencement of this Order, a public servant actually continued in service or performed functions of his office after the completion of the fifty-fifth year of his age either on the basis ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......prise placed under it by an order of the Government under the provisions of President's Order No. 27 of 1972, reference may be made to the relevant legislation controlling and governing the power and functions of the Corporation. 19. It may be mentioned that previous to the establishment of the B..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....is not even Justice according to natural law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proc...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ily by observing:— "However we have considered all the points raised by Mr. Khondker in this case. We are clearly of the view that none of the points got substance as well". 39. This is the judicial power that had been attracted in the facts and circumstances of the case and this judicial ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
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