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Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

....lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..

Category: Criminal Law | Date: | Hits: 44

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....rds re­spondent No. 2 it was suited that the charges against him were not established and he was exonerated by the competent authority. 5. In the affidavit-in-reply the appellant alleged that the Chief Engineer (Countersigning Officer) made some uncalled for remarks in his A.C.R with­out any ba......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......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..

Category: Employment/Service Law | Date: | Hits: 89

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..

Category: Criminal Law | Date: | Hits: 61

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 ......of the total numbers of representative members. These are the special Rules specially provided for removal because the Upazila Parishad Chairman is the only elected person. See Rule Upazila Parishad (Election and Chairman Rules), 1983. This business of removal is not the usual business of the Parish...... inclu­sive. Whenever inclusive definition has been used it has been said expressly. See the definition 2(4) for Circle Officer, 2(23) Sub-Divisional Officer and the inclusive definition 2(5) Deputy Commissioner whereas the definition of Upazila Nirbahi Officer is exclusive 2(28). The argument as h..

Category: Election Law | Date: | Hits: 128

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..

Category: Criminal Law | Date: | Hits: 53

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 ...... 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 ...... 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 ..

Category: Others | Date: | Hits: 106

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nazir Ahmed………………Appellant Vs. Bangladesh Election Commission & ors.........Respondents Judgment December 14, 1988. Election dispute ......llate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nazir Ahmed………………Appellant Vs. Bangladesh Election Commission & ors.........Respondents Judgment December 14, 1988. Election dispute The le..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....67; 19 DLR (SC) 516; AIR 1978 (SC) 851; 18 DLR (SC) 426. Ponnuswami Vs. Re­turning Officer A.I.R. 1952(SC) 64, Imtiaz Ahmed vs. Ghulam Ali 15 D.L.R. (SC) 283, Mohinder Singh Gill and another Vs. The Chief Election Commissioner A.I.R. 1978 (SC) 851, Akbar Ali vs. Raziur Rahman Khawaja and others 18 ...... Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Shamsuddin..........................Petitioner (In Civil Petition No. 23 of 1989) Vs. The Election Commission of Ban­gladesh & others.......Respondent (In Civil Petition No. 23 of 1989)......d. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Shamsuddin..........................Petitioner (In Civil Petition No. 23 of 1989) Vs. The Election Commission of Ban­gladesh & others.......Respondent (In Civil Petition No. 23 of 1989) Abdus..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....1.7.1975. He also prayed for man­datory injunction directing the defendants to allow him to join his service. His case is that he was ap­pointed as a lower division assistant by defendant No.1, the Chief Engineer, P.H.E. Government of Ban­gladesh on 23.1.58. At the relevant time he was working un......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......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..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

....other relevant matters. The system continued up to partition of the country in 1947. The General Clauses Act (X of 1897) was amended in 1947 and as per amended section 3(10) 'Collector shall mean the Chief Officer in charge of the Revenue administration of a District and shall in-1 elude a Deputy Co...... 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. ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Gopal Chandra Shah..................Appellant Vs. The Deputy Commission­er, Sunamganj & anr.....Respondents Judgment January 11, 1989 The Bengal E..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....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 ......citizen of Bangladesh and that on the 'qualifying date’ he has attained the age of 18 years of age, and that he is not of unsound mind. Electoral rolls are prepared by or under the authority of the Election Commission in the manner laid down in s. 8 of the President's Order No. 104 of 1972. P.O. 1......V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendra Kumar Vs. Government of West Bengal, AIR 1954, SC 424; Panduranga Rao vs. Andhra Pradesh Public Service Commission, AIR 1963, SC 268; State of Madhya Pradesh Vs. Mandawar, AIR 1954, SC 493; Jibendra Kisho..

Category: Election Law | Date: | Hits: 212

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....al Appeal No. 307 of 1983. 2. Appellants are the Deputy General Manager (Admn) and Assistant Manager (Admn) of the Milk Producers' Union which sale of milk products. General Manager is the Chief executive and it is managed by Managing Committee and controlled by the Registrar of Co-Opera......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Moulvi Abdulla Wel­fare 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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 39

Md. Matiur Rah­man Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..

Category: Criminal Law | Date: | Hits: 41

Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)

....e appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrate for disposal. For ends of justice both the parties should be heard t...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ..

Category: Criminal Law | Date: | Hits: 58

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

...., the complainant's brother However filed a fresh complaint on April 3, 1959 alleging that the compromise was brought about by undue influence and threat. This second complaint was entertained by the Chief Presidency Magistrate; a revisional application against the Magistrate's order was dismissed b......bar under any law to the entertainment of a second complaint. Circumstances leading to this ap­peal by special leave are briefly described in the following paragraph. 2. In the last Presidential Election, the electioneering fever reached its peak in the first part of November, 1981 and in the c......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)

.... hand over the possession to the appellant. 4. As serious apprehension of breach of peace arose over the possession of the hotel, the appellant filed an application before the Chief Metropolitan Magistrate, Chittagong under section 145 of the Code of Criminal Procedure. On r......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..

Category: Criminal Law | Date: | Hits: 75

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......s death the said Asiruddin executed three kabalas in favour of Saleha, Ishaque Uddin and his wife Rahima Khatun and complainant Tofazzal Hossain conveying 13 bighas of land and got them registered on Commission at his house on 5-5-65. Further prosecution case was that respondent No. 1 Mir Mohammad A..

Category: Anti-Corruption Laws | Date: | Hits: 112

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....evance appears from the facts stated in the plaint. He joined service as Inspector in the Department of Civil Supplies under the then Government of Bengal on February 20, 1944 and was confirmed as Chief Inspec­tor of Food Department in 1960. While he was employed in the Department of Food in......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ...... in that context there would have been some indication in the appoint­ment letter itself." 12. After stating the facts relating to the manner of his selection by the Public Service Commission and considering a few cases cited by the parties' Counsels, the above views were further..

Category: Employment/Service Law | Date: | Hits: 105

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....f the Calcutta High Court since 1874 has been favored with some force in the sub-continent. The Bombay High Court followed the case of Queen Vs. Okhoy Coomar in A.I.R. 1932 Bombay, 57 and the learned Chief Justice of Bombay expressed the opinion that when a partner is entrusted with dominion over th......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ..

Category: Criminal Law | Date: | Hits: 146