Search Options
Judgment Advanced Search
Displaying 2021-2040 of 2376 results.
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ereunder are not ultra vires on any of the grounds urged……………………..(673)  Cases Referred To- 34 DLR 225; 37 DLR 7; 20 DLR (SC) 322; 7 DLR 552 Eklas vs. Crown; 17 DLR (SC) 74 National Bank of Pakistan vs. Ataul Hoque; 25 DLR 236, 344 A. T. Mridha's case; 38 DLR (AD) 38 Abdus......ts power to make law. This restriction exists independently of the question whether the legÂislature is sovereign, as is the legislature of Ceylon, or whether the Constitution is uncontrolled as the Board held the Constitution of Queensland to be. Such a Constitution can be indeed be altered or ame......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea..Category: Constitutional Law | Date: | Hits: 1934
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......baÂsis of seniority. The appellant alleged that responÂdent No. 2 was abruptly and secretly promoted to the next higher post without complying with the proceÂdure of interview and selection by the Board which was malafide and illegal. His promotion was malafide also because he was given the same ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court DiviÂsion, Dhaka dischargin..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
...., (i) that the plaintiff-opposite-party has been possessing the suit land since her purchase by kabala dated 7.2.1975, (ii) that Gopal Chandra Shil did not leave this country and he was a Bangladeshi National in the year 1975 when the kabala was executed and registered, (iii) deÂfendant No. 1-2 nev......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......DLR (AD) (1989) 124...... (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......in. It can hardly be disputed that the words "total" and "whole" are synonymous. The dicÂtionary meaning of the word "whole" is total and vice-versa. It was observed "In fact the whole numÂber of a Board or a body is a well known expression and is used to convey the totality of the members provide......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil ApÂpeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....r at least they got no probaÂtive value; and as to the nationality of the sons of the late Shashi Bhushan, the learned Judges found that except Hemendra all other sons of Shashi BhuÂsan were Indian Nationals from before 1965 Indo-Pak War and as such the suit land to the extent of their share, that......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......Chowdhury J Shahabuddin Ahmed J MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy ComÂmissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others……â€...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy ComÂmissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......ase. 8. This case of Robert Watson & Co. has been also reported in 17 Indian Appeals, 110. It is a decision of the Privy Council upon an appeal from the decision of the Calcutta High Court and the Board's judgment was delivered by Sir Barnes PeaÂcock. This case arose from a suit filed in the Cou...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the fo..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... acted wantonly in canceling six ballot papers of the respondent which were free from any defect, the Court observed. "If an election authority or tribunal acts in this fashion whether under the National and ProÂvincial Assemblies Act or the Electoral College Act the decision in Miah Jamal......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... 8. The appointing authority defendant No. 1, did not file any written statement. He is also not the appellant before us. The appellate Court considered Ext. 3 by which defendant No. 1 appointed a Board for scrutiny of the plaintiff’s case with an observaÂtion that the Chief Engineer alone, as......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ess without the permission of the Government……………………(7)  Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; PaÂkistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......ometime before the passing of the order dated 15.6.85. There was a notice to shift on 27.12.84 (Annexure 'B' to the Writ Petition) whereupon the appellant ran to the Civil Court first and then to the Revenue Authority and the departÂment of Narcotics and Liquor. The controller of NarÂcotics and Li......s also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....he Parliament. From this position of law, learned Counsel for the appellant argues that law, learned Counsel for the appellant argues that representatives of the people, whether they constiÂtute the National Legislature at the top or the Union Parishad at, the ground level, constitute a single clas...... law was made for better management of the affairs of the company The law, Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950, empowered the Government to appoint Directors of the Board of Management of the company in place of the existing ones. It was contended by the appellant,......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......ed in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, A..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......ted 18th March, 1960, An Official Liquidator apÂpointed by the High Court took charge of the affairs of the Bank. The Liquidator, on enquiry, came to learn that N. L. Sinha, who was appointed by the Board of Directors as Director in charge of the bank under the Scheme of Arrangement, executed two D......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......d this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the wi..Category: Banking Law | Date: | Hits: 103
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....which I will call "The Company"), and respondent Nos. 2-6 for recovery of the debt along with accrued interest amounting to Tk.3,49,14,738.70. Appellant as principal debtor obtained the loan from the National Bank of Pakistan under the cash credit limit of Taka 4 crores and overdraft limit of Taka 3......l Bank of Pakistan Limited as existed within the territory of Bangladesh. 21. Dr. Hossain submitted that so far as the loan is concerned, Mirza Mehedy Ispahani, D.W. No. 1 who was Chairman of the Board of Directors of the appellant company admitted its liability to the National Bank of Pakistan ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea..Category: Civil Law | Date: | Hits: 110
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......hat the assessee acquired 220 bonus share of the face value of Tk. 2,200/-by indirect investment and therefore shall be entitled to get investment allowance under section 15C of the Income Tax Act. Revenue filed an application under section 66 of the Income Tax Act which was marked as Applic......ax. Bonus shares are "deemed to be income accruing to the Company during that year." If the bonus share is the income of the company, how an assesee could claim them as his income, and, if it is not an income of the assesee, then section 15C has no manner of application.&nbs..Category: Fiscal/Taxation Law | Date: | Hits: 131
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... (b) When he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer; (c) When he voluntarily abandons his residence making any arrangem......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ..Category: Property Law | Date: | Hits: 112
Moulvi Abdulla WelÂfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......ivision should be implemented by furnishing a bank guarantee for Tk. 3,50,000/- but the receiver "should also get at least his part bill money besides the Bank guarantee to be furnished by the Board of Trustees which they are willing to furnish now. Further it appears from the record that a ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. .......A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody..Category: Property Law | Date: | Hits: 39
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......he exemption will not be available unless, among other things, the business is carried on "in the course of the carrying out of a religious or charitable purpose of the institution". The Revenue took the view that though the launches, or for that purpose, the business in plying the lau......rom income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored…………..(13 an..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
.... Wahed Ibrahim, a Bangladeshi national holding 5000 shares. Appellant company being the owner and possessor of the building at 35-36, Bangabandhu Avenue mortgaged the said properties with the then National Bank of Pakistan, now Sonali Bank, through their Directors, Mr. Dada Abdul Gani and Md. Yu......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972..Category: Property Law | Date: | Hits: 47
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......d, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………….(13) There is no ..Category: Property Law | Date: | Hits: 45
18951886188218811873187218691868186718661864186218521849184318401832183018271823