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Displaying 1941-1960 of 2091 results.
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ...... (whole). The respondents contested the writ petition contending that the assessment of customs duty @ 45% on the imported Dunpeas (motor dal) fixing the tariff value @ US$ 280 per MT is valid and lawful. The High Court Division rejected the claim of the petitioner that the consignment imported ..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ctim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Co......having had not said that he killed his wife for non-attending the demand of dowry the conviction of the condemned prisoner under section 10(1) of the Ain and the sentence passed thereunder was not lawful, that the High Court Division wrongly placed reliance on PWs 3, 5,. 6, 7, 12 and 14 in comin..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....-compliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 5......pliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DL..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....of the Cinema hall. So “no objection” certificate issued by the Deputy Commissioner under section 5 of the Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: Magistrate, Lahore vs Sayed Fayezuddin and others 17 DL......tion for issuance of NOC for the purpose of licence for exhibiting cinema being merely directory, the Courts below including the High Court Division erred in holding that the NOC was issued without lawful authority. The learned Counsel further submitted that having regard to the frame of the suit..Category: Property Law | Date: | Hits: 69
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....t of Parliament‑Act No. 2 of 1992. Among other allegations made by the appellants, the displaced elected Chairmen, one is that the Repeal Ordinance is itself invalid since there was no existence of any circumstance which, according to the President's satisfaction, rendered it necessary to make the...... An Upazila Parishad established by Ordinance No. 59 of 1982, as it stood amended by Ordinance No. 33 of 1983, is not a Local Government within the meaning of Article 59. This Parishad has been lawfully abolished by the impugned Ordinance No. 37 of 1991, which has been later on made an Act, ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... of 1961, renumbered as Money Suit No. 22 of 1986. The delay in disposal of the suit was attributed to the delaying tactics of the defendants and not to the Court. The report was published without any malice and with no aspersion on the Court. The learned Subordinate Judge himself mentioned Titl......to lower his authority is a contempt of Court. That is one class of contempt. Further any act done or writing published calculated to obstruct or interfere with the due course of justice or the lawful process of the Courts is a contempt of Court. The former class belongs to the category whic..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....al (CA No. 8 of 1992) and 1 in the other appeal (CA No. 10 of 1992) are examinees in the Degree Honours examination of the University for the year 1987, which was held in 1989. These respondents and many others appeared it, the said examination which was held in the Jagannath University College Cent...... who will be the appellants. Article 52 has simply provided that an opportunity should be given to the respondents as to what they have to say about the appeal and this is quite reasonable as well as lawful, for no appeal can be decided by the Chancellor without hearing the other party. At two stage..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....Seventh Amendment ) Act, 1986 (Act I of 1986) The General Clauses Act ,1897 (Act X of 1897), Section 6 When the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected just because the president of the Trust happen......ied delegation when the express provision for delegation of power is not exercised in accordance with law. The High Court Division while declaring the order of termination to have been passed without lawful authority correctly repelled the appellants’ contention. The Board’s ratification of the ..Category: Employment/Service Law | Date: | Hits: 93
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....e. 6. Order 22 rule 10 of the Code of Civil Procedure reads as follows: "Procedure in case of assignment before order in suit (1) in other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or......on under Order 22 rule 10 of the Code of Civil Procedure for assignment of their respective shares in their favour as per the Swaranlipi. As the decree was not finally drawn up there could not be any lawful objection in filing the application under Order 22 rule 10 of the Code. It appears that the l..Category: Limitation Law | Date: | Hits: 175
....ough the judgments written by my learned brothers Mustafa Kamal and Latifur Rahman, JJ; I concur with the judgment of Mustafa Karnal, J.
Mustafa Kamal J.- The appellant, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1913, is in possession of an industrial unit......nder sections 6 and 7 of the Ordinance. The appellant challenged these two notices dated 15.6.88 and 18.6.88 (Annexure 'A' and 'B') in Writ Petition No. 1215 of 1988 as having been issued without any lawful authority and to be of no legal effect and calling for a direction upon the respondents to ca..
Category: Property Law | Date: | Hits: 68
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....t Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Mackinnon Mackenzie & Company (Pakistan) Ltd.. ..................………………Appellant ......ed for keeping the business going or for carrying on the business they were not allowable under section 10(2)(xvi) of the Act. 10. The appellant now contends that when the Tribunal by lawful inference, drawn from a set of special and peculiar facts and circumstances of this case, fo..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the po......nds and others Vs. The Queen (1976) 1 All ER 353 the five appellants who were convicted by a Resident Magistrate's Division of the Gun Court established under the Gun Court Act, 1974 of Jamaica for unlawful possession of firearms and ammunition, challenged the constitutionality of the provision so t..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... Ed. ......as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was hi..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....l Court decreed the suit. Relying on Abdul Gafur Sardar and ors. Vs. Wazedali Talukdar and another, 19 DLR 33 (37) wherein it is observed that "the Mukti‑patra cannot confer the title on any party unless it is supported by a registered deed of transfer‑kobala or gift" the tr......sfer by way of gift when the document clearly shows the intention to effect a transfer. In that cited decision the recital was that the owner of the property died leaving the appellant as the only lawful heir and he released all his rights, title and interest that devolved upon him to the recipi..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
..... 35 of 1971 was obtained fraudulently by suppressing all processes etc. Defendant Nos. 4‑6 left the country long ago and in had been residing in India permanently and they did not enter into any agreement with defendant No. 1. Defendant No. 1 created the deed of agreement by practicing fr...... suit property, that defendant No. 3 was in occupation of the suit property as an allottee of the Government before it was de‑requisitioned and it is now being possessed by defendant No. 2 as lawful owner by purchase, and that the alleged deed of exchange was registered in Pabna although t..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ely in CA 22/91. 3. Respondent No. 1's case in the writ petition, briefly, was that M/s Transclear SA of Lausanne, Switzerland purchased 10,000 metric tons of cement as aforesaid from an Iraqi Company, namely, Layth Mahdi Saleh and sold the same in favour of M/s Nidera Hendels Compagnie of Hollan......s M/s MA Baker. 9. It was stated that the respondent's claim without fulfilling the requirements of Customs law in respect of the balance amount of cement which was awaiting clearance could not be lawfully entertained. It was also stated that the importer M/s MA. Baker submitted the requisite imp..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ar was held and the second party disclosed there that the wife of the first party had sold the disputed land to the sons of second party Mazibur Rahman. The wife of the first party, however, denied any such transaction. The second party did not disclose about their kabala earlier which was said t......been held that the section (145) contemplates actual possession on the date when the preliminary order is passed. Actual possession is not the same thing as a right to possession, nor does it mean lawful or constructive possession. The crucial point to be decided is as to who is in physical poss..Category: Criminal Law | Date: | Hits: 53
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....td. 27 DLR 367 it was held that a Labour Court is not a Court subordinate to the High Court Division and as such the High Court Division cannot exercise its revisional jurisdiction in respect of any order of such a court under section 115 of the Civil Procedure Code. Another Division Bench, in ......e Labour Court's granting a stay order does not arise at all. In view of the above, we hold that the Labour Court's order staying the operation of the order, impugned before it, was passed without lawful authority. The High Court Division erred in upholding that order. The appeal is allowed witho..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....pecial Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highest gallantry award, Bir Uttam, not awarded to any civilian so far. After the assassination of Sheikh Mujibur Rahman on 15th August, 1975 he left ...... sentence were not produced for the scrutiny of the court the High Court Division ought to have held that there was no basis for the conviction; that as the warrant of commitment was issued without lawful authority and executed in an unlawful mariner the respondents ought to have been directed t..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....105 of the Transfer of Property Act and the right therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or than his right. The Execution proceeding against the appellants in this case is ma......party by a notice to quit. 16. The other English concept, as considered by this Court in the earlier case, is "tenant by sufferance". A tenancy created by sufferance comes into being when, on the lawful termination of a tenancy, the landlord by his own act of negligence, does not take steps to e..Category: Tenancy Law | Date: | Hits: 97
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