Search Options
Judgment Advanced Search
Displaying 1941-1960 of 2300 results.
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....No. 1(d) did not raise any objection regarding defect of parties before the trial Court and no issue has been framed on it. May 1977, was passed stating that the land in question was to be sold to members of the Hindu community for developing the temple. On 16th July 1977 the resolution Ext. 1 (a......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....Parishads (Election) rule provide for counting of votes. Sub-rule (3) says for the purpose of counting ballot papers the Presiding Officer shall-(a) arrange separately the ballot papers in respecters member and of Chairman. Then rule 39(1) says that the Presiding Officer shall scrutinize ballot boxe......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under section 302/149 Penal Code was framed against the appellants and others on the allegation stated in the charge that on 27 Kartick 1377 B. S. corresponding to 13.11.70 at about 9 p.m. they were members of an unlawful assembly being armed with fala, lathi, etc. and in proÂsecution of the commo......port of his contention that in the facts of the case the old provisions do not apply and the trial without assessors was valid, be has referred to and relied upon the decision of the Supreme Court of Pakistan in the case of Mohammad Alam Vs. The State reported in (1967) 19 DLR (SC) 242. 7. Mr. Ah...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....to the matter locally on 25.4.71 after notice fiction of both the parties. I visited the new established bazar at Salimabad mouÂza and also the old established hat at Tebaria mouza and talked to the members of public of both the parties. It appears to me that the new bazar established at Salimabad ...... 140 (AD); Secretary of State vs. Tameside, (1976) 3 All E.R, 665; Batuk vs. Surat Municipality, AIR 1953, Bom. 133 (PLD I956 SC) (India) p. 13; Northumberland All E.R, 152 1 KB 338; Province of East Pakistan vs. Hajee Md. Zaman, PLD 1960 Karachi 1908; Kali Charan Das and others vs. Tamiruddin 10 DL...... is coming from the defendant’s side to prove that the Tebaria hat was ever put in auction sale as an established hat of the locality concerned." 70. The learned Munsif placed no reliance on the Army Map Ext. D which was published in 1972 A.D. to prove the existence of Tebaria hat and pointedly..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....t-level repÂresentative of an independent organ of the State. Our people have not seen and are not used to seeing a pliable or a committed judiciary. The sight of an executive head lecturing a member of the judiciary in the open Court and creaÂting hindrances in his smooth functionÂing is......e point which, in order to give as well as derive true insight into the problem arising out of contempt of Court, need consideration. In the case of Yusuf Ali Khan Vs. The State, PLD 1970 SC 35J, the Pakistan Supreme Court in dealing with the question of acceptance of apology observed that "an apolo......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ly from the application of different tests but are referable to the differenÂces in the statutes concerned which they were construing for the purpose of deciding the question. It should well be remembered that while interpreting statutes Judges are not expected to do not apply pre-conceived not...... Cases Referred to- Colquhoun Vs. Brooks ( 1889) 14 App. 493; Canada Sugar Refining Co. Vs K. (1898) A.I. 731; K. K. Shrivastava Vs. Bhupendra Kumar AIR 1977 SC 1703 ; Murree Brewery Co. Vs. Pakistan, PLD 1972 S.C. 27 ; Md. Husain Munir vs. Sikandar, PLD 1974 SC 139 ; 9 ILR (1827) 21 Bom. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....rness both the son ship and the legitimacy of the appelÂlant. The father took much interest in his upbringing and there are letters between both the father and the son, on the one hand, and other members of the family on the other, showing that the interest in his upbringing and educaÂtion was...... 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. ...... 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. ..Category: Family Law | Date: | Hits: 239
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......on material issue requiring filing of such petition much earlier, disentitles the plaintiff to get such amendment. The appeal is dismissed……..(27) Cases Referred to- Province of East Bengal (Pakistan) Vs. Nirode Behari, (1960) 12 DLR 339; Ratantilal Chakravarty vs. Shomnath Chakravarty. (19......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
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....nd Mortgage Bank" is as defined in section 2(e) of the Co-operÂative Societies Act, primarily and basically a cooperative society, the objects of which inclÂude the creation not funds to be lent to members on long terms upon mortgage of their imÂmovable property; and a "co operative society" mean...... All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of India, AIR 1969 Cal. 95, Pakistan Vs. Naseem Ahmed, (1962) 14 DLR (SC) 169=PLD 1961 SC 445; State Vs. Dosso, (1959) 11 DLR (S......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. ..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....mÂplaint from Court for the purpose of taking cognizance of the offence found committed by the appellants. 2. Appellant, Muslim Khan, a Mukhtear-cum-Revenue Agent and appellant Sanaullah Akhan, a member of the pubic, along with one Syed Ahmed Patwary, a public servant, dead, since then, were con...... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
.... initiate criminal proceedings in respÂect of offences created by the Companies Act, this mean that the Registrar or a person duly authorised by him was alone competent to initiate proceedings and a member of the general public cannot (as he can under the Criminal Procedure Code in respect of offen......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. ......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. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....ees of the appellant firm (they were nine in number) quite smoothÂly and without any hitch, Petrol was deliÂvered by respondent No. 1 to the appellant firm which was being regularly supplied to the members of the public during the period before the petrol station was taken over by the respondents......., namely, Abdul Rauf and others Vs. Abdul Hamid Khan and others, (1965) 17 DLR (SC) 550 and Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legis......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
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. ......on of this section by the Privy Council in Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89)." In that case the Supreme Court considered the evidence and dismissed the appeal. The Supreme Court of Pakistan in the case of Ramzan Ali Vs State reported in (1968) 20 DLR (SC) 49; PLD 1967 (S.C.) 545 o......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. ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....nvenient to hear both of them under the same petition. Section 84 provides that after making a winding up order the court shall settle the list of contributories with power to rectify the Register of members and those reliefs incorporate section 38 of the Companies Act. 11. In order to appreciate...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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. ......; Muhammad Abdullah Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declarat......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
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ...... Dacca and the Income-tax Officer, Companies Circle II and arise out of three writ petitions filed by the respondent, a Company registered under the Companies Act, in the erstwhile High Court of East Pakistan. In the writ petitions the respondent challenged assessment year’s 1960-61, 1963-64 and 1......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......S. Advani, 86 Calcutta Law Journal, 330=A.I.R. 1950 S.C. 222; Rajvi Amar Singh Vs. State of Rajsthan, A.I.R. 1958; State of Madras and another Vs. K. M. Rajagopalan, A.I.R, 1955 S.C. 817; M/s East Pakistan Lamps Ltd., Dacca Vs. Pakistan and others in Civil Appeal No. 17-D of 1970. Lawyers......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....ibly have produced an error or defect in the decision of the case on the merits." in the instant case it has been argued that onus has been wrongly shifted on the appellant but it should be remembered that the party who alleges forgery must lead evidence in support thereof. In the present c......ansferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in respondent No. 2......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: ......974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West PakÂistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) pa......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
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......Dacca High Court in petition No. 311 of 1967). Judgment Muhammad Abdullah Jabir J.—This appeal, by special leave, arises out of judgment and order passed by the erstwhile High Court of East Pakistan dismissing an application filed under Article 98 of the Constitution of Pakistan of 1962 by......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
16261623161816171615161416131611160616021601160015981597159115901589158815871586