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Displaying 1881-1900 of 1984 results.
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....transfer the amount on the ground that Government dues amounting to Rs. 45,240/-was due from the contractor, Belayet Ali on account of penalty, etc., for non-fulfillment of contract and the cost of excess consumption of materials. 2. The Court again directed the Executive Engineer to carr......realise his decretal dues against the judgement-debtor who was a railway employee of South Indian Railway Company and had deposited certain money as guarantee for due performance of his duty. The attachment was allowed, but it was observed that execution cannot proceed until the..Category: Civil Law | Date: | Hits: 103
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. .......G. & J. 50 that no universal rule can be laid down as to whether mandatory enactment shall be considered directory only, or obligatory, with an implied nullification for disobedience; it is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully att..Category: Alternative Dispute Resolution | Date: | Hits: 258
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ...... the election authority, and none of the parties to the proceeding is responsible for their non-production and even though the missing of the ballot papers is post election affair, yet what is the duty of the election Tribunal to deal with the problem in such circumstances. 5. Record sho..Category: Others | Date: | Hits: 101
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......appointed by the State; for the administration of justice is an exclusive affair of it. The court is no forum for decision of hypothetical questions. The Judge deals with actual disputes, and his duty is not to report but to decide. He has no interest in the proceeding before him except the inte..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....peal to the High Court for decision, as to whether the accounting, which had been directed in the case by the Court of first instance, should not be restricted in relation to determination of the excess payment, for the making of a refund order, to such payments or recoveries as had been made af......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....um of Tk. 2, 13,963/41 was paid whereas on completion of the work the amount payable to the contractor would wave been Tk.1, 43(315. 47 thereby a sum of Tk.70, 587/94 was paid to the Contractor in excess of his dues. It so happened that when advances were allowed sufficient fund was no......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......s, took the view that, when appellant was discharging his duties in the company, he was neither in pay of the Government, nor was he entrusted with the performance of any pub-lie duty, Though he was on deputation, yet while he was working in the company, he did not retain the ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......ture when that result would involve general inconvenience or injustice to innocent persons or advantage to those guilty of the neglect, without promoting the real aim and object of the Act. It is the duty of a court of law to try to get at the real intention of the legislature by carefully attending..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......id High Court upheld an order of the District Judge setting aside a similar consent decree in exercise of his inherent powers and observed that not only the court had such powers- but that it was its duty to set aside the decree obtained by fraud practised upon the Court, when appraised of it. ..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......d at by the Judicial Committee Respecting the interpretation of certain original Texts as to the legal consequences affecting a widow's right to property in the event of her non-performance of duty on account of certain acts of unchastity, subsequent to her succeeding to her husband's ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ise Act 1909 (as amended) and the relevant portion may be set out as follows: "86. The provincial Government may make rules.— (1) (2) for fixing the strength, price or quantity in excess of or below which any (intoxicant) shall not be supplied or sold, and the quantity in exces......shows, that this double definition has been given to achieve two different purposes. Articles under the Act have broadly been classified as 'excisable' and 'intoxicant' for the purpose of levying duty under the first category, and to govern the manufacture, sale and transportation under the seco..Category: Fiscal/Taxation Law | Date: | Hits: 137
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....thers areas" means only such other urban areas and not rural areas and that as such the impugned notification having purported to extend the operation of the Act to certain rural areas has in excess of the jurisdiction of the issuing authority. 7. Learned Additional Attorney-General......t enacting part. For words, particularly general words cannot be read in isolation; their colour and contents are derived from their context. So it is that I conceive it to be my right and duty to examine every word of a statute in its context and I use "context" in its w..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... of service, express or implied, between the master and servant. A contract of service is one in which a person undertakes to serve another and to obey his reasonable orders within the scope of the duty undertaken. Whether or not a particular contract is a contract of service is a question of fact..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. ......ensation involving as it does in this case a different question of title when once the award as to the amount has become final, all questions as to fixing of compensation are then at an end ; the duty of the Collector in case of dispute as to the relative right of the persons together ent..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......e regarded as a defaulter inasmuch as he was regularly depositing the rent with the House Rent Controller. 5. In this appeal it is to be considered whether the plaintiff-landlord appellant had any duty cast upon him under section 19(2) of the East Pakistan Premises Rent Control Ordinance, 1963 to..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ty, to use no stronger term, of this procedure and we are determined so far as it lies in our power to stop this abuse of the provisions of section 364 of the Indian Penal Code. It was the duty of the learned Judge in this case to refuse to frame a charge under this section." The a..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......6, assistant sub inspector attached to Sonargaon Police Station (PS) and PWs 4, and 8 constables attached to Sonargaon PS who along with some other personnel of law enforcing agency were on patrol duty on the Dhaka Chittagong High Way at 2-45 hours the night 3rd and 4th March, 1987 heard about i..Category: Criminal Law | Date: | Hits: 74
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......uit House, Chandpur, lodged information with Chandpur Police Station on 20-8-1998 to the effect that in the night of 19-8-1998 at about 2-00 while night guard Md. Wahidur Rahman was performing his duty in the Circuit House accused-petitioners demanded of the night guard a room in the Circuit Hou..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......ssession of the case holding and their enlistment in the ‘Kha’ list of the abandoned buildings has no basis. It was further submitted that the Court of Settlement failed to exercise its duty as a Court of Settlement to ascertain if the case holding is in fact, abandoned property or n..Category: Property Law | Date: | Hits: 57
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... Managing Director the respondent No. 3 called a general meeting of the share holders at the company’s farm at Savar to discuss the prevailing state of the company but the respondent No. 2 in excess of his authority cancelled the meeting only a day before the meeting was due to be held and...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
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