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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....l Haider Chowdhury and Shahabuddin Ahmed, JJ. I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury J.-This appeal by special leave raises an important question of public importance namely whether the principle of acknowledgement of sonship under the Muslim La...... 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)
....erties worth Tk. 40.000/- were sold at a shockingly low price of Tk. 400/- Defendant-respondent in collusion with other co sharers made the purchase without the knowledge of the plaintiff and the public in general. Plaintiff came to know about the tale on 24th June 1953 and moved an appeal befor......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 ......r, depend on the facts and circumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find place in Hedaya. There, the following tradition of the Holy Prophet (upon whom be peace) is quoted: ''A woman once applied to the Prophet, saying O' Prophet of God! that is m..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....dence, both oral and documentary, has been led by the appellant. It is that after the purchase under Ext.1, and when Hashmatullah was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connection the appellant f......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
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....This Case is also Reported in: 38 DLR (AD) (1986) 81. ......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. ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....es the composition, powers and functions of the Bank. It also lays down elaborate procedure for recovering the loan advanced to various concerns engaged in industry or business, both in private and public sectors. The precise remedy for realising its dues is provided in Article 33 of the Order. If......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....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 convicted by the Special Judge on 2 July 1969 under sections ...... result, both the appeals are dismissed. 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)
....ceedings in respect 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 offences punishable under t......king the western wall of the Press facing his residential house. This caused disturbance and nuisance to the complainant and by installing one compressor machine caused noise and sound disturbing the peace and quietness of the complainant's house. It was not only unbearable but injurious to the he..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....to the District Control Centre." 6. In its reply dated 2nd March 1976 Burmah Eastern Limited stated: "That there was none to look after the filling station and cater to the requirement of the public and the allegations made that the company took over the petrol pump on the ground that Hajee ......dgment of the High Court Division 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. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y rule of construction when construing Acts of Parliament and other documents? It is that if the language is ambiguous and admits of two views you must not adopt that view which leads to manifest public mischief." Mr. Khondker laid stress on the words "public mischief&quo......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
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... out his right to be considered for promotion as a Subordinate Judge, it was found to be not available to the plaintiff as it comes into play only when disciplinary proceedings are taken against a public servant, which was not done against the plaintiff. The Supreme Court of India came to the con......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)
....dations and, therefore, the requisition continued and there was no question of derequisitioning the same. The learned Judges also came to the finding that there was no bar against utilization for a public purpose of lands which were requisitioned for another public purpose. Thereafter the appellan......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
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....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. ......ition, Volume 7 at pages 290 and 191 and to note (b) at page 291 wherefrom it was sought to be made out that the slate of war can only be terminated by the authorities concerned either by a treaty of peace or an announcement and that there is generally an interregnum between the cessation of hosti..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....o us "the detenu"), pending the hearing of a Rule issued on an application filed on his behalf by the respondent Ahmed Nazir under Article 102 (2)(b) of the Constitution of the People's Republic of Bangladesh (hereinafter referred to as the "the Constitution"). In the said ap......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... report on 1.4.61 to the Sub-Divisional Manager, Madaripur to the effect that the land in question had been settled with and salami received from the present appellants, who were also said to be in peaceful possession of the same. The Sub-Divisional Manager then submitted a report to the Sub-Divi..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....The offences mentioned in section 3 of Act II of 1947 do not include one punishable under section 409 of the Penal Code. Sub-section (2) of section 5 of Act II of 1947 provides for punishment of a public servant who commits the offence of criminal misconduct which are mentioned in Clauses (a) to......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
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
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.............. (3).......................................... 8. Rule 13 provides that the Returning Officer shall, as soon as may be after the publication of a notification under Rule 12, give public notice in respect of each ward, or constituency, Union or Paurashava inviting nominations......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
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