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Displaying 1881-1900 of 2137 results.
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....to sub-section (1) and the nature of the reasonings given in support of the different views. On examining a large number of cases it has been observed that the cases disclosed a serious divergence of judicial opinion on the point and the cases divide themselves into three distinct groups: (i......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....e-Consul or representative of the Central Government was so executed and authenticated. Along with this we are to refer to section 57(6) of the Evidence Act. which says, that the Court shall take judicial notice of all seals of English Courts, the seals of all the Courts in Bangladesh and all th......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....Division that the decision is based on the assumption that "The nature of reward as contemplated in rule 2 of the Resolution of the Ministry of Finance dated 18-8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal wherein the presence of the claimant for re......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....pretation that granted the legislative competence, it is not sufficient to declare that the decision of the Court shall not bind, for that amounts to reversing the decision and is the exercise of judicial power which the legislature does not possess. It cannot by validating a law promulgate a le...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....the ends of justice and the view has been taken that the punishment of dismissal in this case is harsh and, therefore, it has been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has become apparent, t......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ndivided family, a firm, an association of persons or a body of individuals whether incorporated or not, a Company, Government of a Province, a local authority and every other artificial judicial person." Section 3 of the said Act, the charging section, provides "that ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....ts have jurisdiction to examine the cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.”
10. In order to determine whether the impugned order of dismissal h......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ard to the question of review the decision of the Appellate Division stands in our way in coming to any finding with regard to the question whether the review that is referred to in Regulation 4 is a judicial review or not. We, however, think that is reviewing the Judgment of the M.L. Courts the Gov......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....rejecting the application the learned Judge of the Prize Court observed that though the fund belong to the State it is to be kept in the custody of the Prize Court and can only be disposed of by a judicial order of the said Court an appropriate proceeding Further the Government may apply through......tion among the various Ministries must also be maintained. 9. Since no other rule could be found in the Rules of Business as empowering the Ministry of Law to exercise the functions relating to financial matters which are reserved under the Rules of Business to th..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... It is also to be remembered that there is a distinction between a Court and a tribunal. The Court has a clear and distinct connotation whereas a tribunal assumes wide range of character. It may be a judicial tribunal or it may be a domestic tribunal, and in between there are various ranges of adjud......l tribunal under certain matters, required a declaration by the Government, and so the question arose whether it was a tribunal under Article 136(1) of the Indian Constitution, It was held that the functions and duties of the Industrial Tribunal are very much like those of a body discharging judic..Category: Constitutional Law | Date: | Hits: 188
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
...., particularly when no corrigendum to the Impugned notification was subsequently published in the Gazette. Moreover, reference to the provisions of sub-section 1(b) of section 13 was considered prejudicial to respondent No. 1, the reason being that such provisions speak of disability to perform ...... if— (a) he, without reasonable excuse, absent himself from three consecutive meetings of the Parishad; (b) he refuses to perform or becomes disabled from performing his functions; or (c) he is guilty of misconduct or is responsible for any loss or misapplic..Category: Employment/Service Law | Date: | Hits: 100
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... Awal representing himself as complainant in M.R. case No. 40/78 pending in the Court of Mr. H. P. Biswas, Magistrate, 1st class Jhalokati. There are in this telegram serious allegation of judicial misconduct and high handedness against Mr. H. P. Biswas, Magistrate, 1st class. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....37 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under t......ision may, if satisfied that no other equally efficacious remedy is provided by law — (a) on the application of any person aggrieved-make an order— (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doi..Category: Constitutional Law | Date: | Hits: 327
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....resh'' clearly show that a withdrawn case may be retried if the court deems it fit for retrial. In other words, a fresh trial may be held at the discretion-of the court, and this discretion being a judicial discretion must be exercised properly applying the court's mind to the facts and circums&s......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....t and equitable” clause. Whether or not there are equitable considerations for the application of the principle, must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the Court. The allegations made by respondent No. 1 and found to have. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
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