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AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......w. If an alternative interpretation is possible with regard to the issue in question, namely, the effect of pendency of appeals against the orders of conviction and sentence, that will be an election dispute for the Election Tribunal to decide after the election if the petitioner or any affected can..Category: Election Law | Date: | Hits: 133
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......ning of the letters of credit. 3. It will be sufficient to notice the facts of only one case because the facts in all the petitions are basically the same giving rise to the aforesaid legal dispute. The writ-petitioner in Writ Petition No.3232 of 1991 out of which Civil Petition for Leave..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... for different classes of the above category which remained unsold in their library and godown. The Bangladesh Pustak Prokashak O Bikreta Samity in its meeting held on 13-3-1981, however, passed a resolution requesting all its members to abide by the prohibitory order of the impugned Act because...... the High Court Division with regard to the right of freedom of speech and expression and freedom of the press as including the right to print and publish note-books generally is not and cannot be disputed. But the question, he submitted, is: Can the publisher-respondents claim that right in res..Category: Intellectual Property Law | Date: | Hits: 279
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....y & Higher Education Government of Bangladesh on 25-1-83. Subsequently for the convenience of the students and in the public interest the said school was shifted to Bijoyram Tobakpur mouza by a resolution of the Managing Committee on 1-7-84 on a land donated to the school by Mr. Moniruddin m......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......enance being heavy the plaintiff finally with the leave of the Court sold the ship as scrap for US $ 6,10,000.00. The plaintiff filed a claim of total loss with the defendant. The defendant did not dispute the accident, but it refused to pay the claim of total loss by telex dated 12-4-87. By a fu..Category: Business or Commercial Law | Date: | Hits: 151
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......der the following submissions: “The petitioner now contends that it was stated in the petition and submitted before the High Court Division that the question of age of the petitioner being a disputed question of fact the same could not be decided in the writ jurisdiction, particularly, wh..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....proposition. 19. Mrs. Rabeya Bhuiyan however submits that the Ordinance of 1985 is not a legislation on substantive Muslim Law but is merely a procedural law governing the forum and procedure for resolution of some specified family disputes. The parties to the dispute come to the Family Court wi...... been living at her parental home and the respondent has not given her or her son any maintenance since then. A year later she approached the village matbars for a salish which failed. Thereafter the dispute was successively referred, twice each, to a Village Peace Committee and to the Chairman of t..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... by M/s Iqbal Engineering Works and the tender committee headed by the Pro-Vice Chancellor of the University (respondent Mohammad Ali was member-secretary as he was then acting Chief Engineer) took a resolution to that effect on 25-4-87. The resolution was, however, signed on 10-6-87. But on 16-6-87......cquittal, the learned Additional Attorney-General rightly conceded at the very beginning, which showed his fairness, that the conviction under section 406 Penal Code was misconceived and he would not dispute the order of acquittal so far as section 406 was concerned. The conviction under section 5(2..Category: Anti-Corruption Laws | Date: | Hits: 92
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... 19. The above decision was followed by a Division Bench of the High Court Division in 1973 in the case of Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196, but taking a view that the dispute between the parties is over a question of title under section 38 of the Companies Act the ..Category: Business or Commercial Law | Date: | Hits: 118
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... submitted before us that the appellant in fact got the benefit of the Mujibnagar Employees (Conditions of Service) Rules. 1980 and the Freedom Fighters (Seniority) Rules, 1979 as is evident from the resolution of the Council Committee for Senior Service, for promotion and service structure dated 15......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... was lodged and a case under sections 448/326 of the Penal Code was started against the plaintiff and his wife. On the request of the plaintiff there was a salish of village Matbars who sealed the dispute on condition that the plaintiff would give 90 decimals of land and Taka 5,000,00 in cash to..Category: Property Law | Date: | Hits: 72
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......nizance on the part of the Additional Sessions Judge was held to be without the sanction of any law. 12. Mr. Zakir Ahmed, learned Advocate for the complainant-respondent, does not seriously dispute the contention of Mr. Serajul Huq, but he submits that the appellant has clearly defamed t..Category: Criminal Law | Date: | Hits: 60
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
.... development of Salimabad Union Parishad-cum-Community Centre. With a view to building the proposed centre at his locality, the Chairman of the Union Parishad, respondent No. 9, fraudulently got a resolution passed on December 12, 1992 for shifting the office of the Union Parishad to a place at ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ..Category: Property Law | Date: | Hits: 71
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....f a student for ever from the - College. 15. At the time of hearing of the leave petition an additional paper book was filed on behalf of the appellants containing some relevant papers (copies of resolutions, notice to show cause, peon’s report etc.) which could not be produced before the High......show cause before passing the order of expulsion against them. 17. At the hearing of the appeal, the learned Attorney-General appearing for the appellants, submitted that he does not for a moment dispute the correctness of the principles of natural justice as were found to be applicable by the H..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......inst the order of cancellation of licence. The provision for arbitration is a term and condition of the licence and clause 18 of the Agreement provides for arbitration if there is any disagreement or dispute regarding the subject matter covered by the agreement. As the conditions of the agreement st..Category: Information Technology Law | Date: | Hits: 242
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......and the accused pressed for the higher rents from them and also threatened then to vacate them therefrom if they did not agree to pay the enhanced rate of rent and the said dispute with regard to the payment of rent infuriated the tenants who thus implicated the accused i..Category: Criminal Law | Date: | Hits: 68
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim the defendant No.2. The subject-matter of the dispute comprises two Municipal Holdings Nos. 345 and 346 of the Chittagong Municipality. Admittedl..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...... decided without oral evidence on the most important questions involved in the case. The suit is a partition suit and there is no agreement between the parties as to the genealogy. The crux of the dispute between the parties relates to the original ownership of the properties in suit and the suc..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....hury — For the Respondents. Petition No. 138 of 1968. Judgment: Maksum-ul-Hakim J: In this Rule the petitioner challenges the legality of a resolution passed by the Khulna District Council on 23.1.1968 removing the petitioner from the offi......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ...... was insane for about 30 years till the time of his death, and that he leaving 4 sons all of whom are residents of India and that the plaintiff petitioner has got no connection whatsoever with the disputed lands which are in their possession. They further allege that they were possessing the dis..Category: Civil Law | Date: | Hits: 100
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