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Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... Nos. 1-10 filed petition before the Revenue Officer, Gobindaganj and the Revenue Officer by the order dated July 28, 1986 cancelled the RS record which stood in the name of the plaintiff. The said action of the Revenue Officer having had clouded plaintiff's title he was constrained to file the ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......eso, a judicial officer behaved in an unusual and objectionable manner while he penned through the order in question on the back side of an application of accused Abdul Quayum dated 13-4-2005. The action of the learned Magistrate is malafide and it, in fact, leads to the malafide intention of th..Category: Criminal Law | Date: | Hits: 43
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......pugnant to Articles 27, 31, 39 and 118 of the Constitution. Pending, hearing of the Rule, stay operation of the impugned decision of preparation of fresh electoral roll and the impugned action of the respondent No. 3 that is the purported appointment of 2,40,000 enumerators, 70,000 s..Category: Election Law | Date: | Hits: 159
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......d by the process server, the learned Senior Assistant Judge examined the matter. The learned Assistant Judge on perusal of the materials forwarded the matter to the learned Magistrate for necessary action, there being allegations of offences punishable under sections 183/186/188 of the Penal Cod..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... body was constituted by the name "Disinvestment Working Group" under the Ministry of Industries to work out this policy on behalf of the Government. In pursuance of the said decision an action was taken by the Disinvestment Working Group in that behalf, a public notice bearing No. P-3..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....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. ......ited territorial jurisdiction of the High Court. But the Constitution of the Republic of Bangladesh had done away with such concept which is reflected in Article 102 of the Constitution and the action of anyone performing functions in connection with republic is amenable to jurisdiction of t..Category: Constitutional Law | Date: | Hits: 1934
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......s hurt to them. But the onus to establish their plea is upon them as specifically provided in section 105, Evidence Act, and the Court shall presume the absence of any circumstances which bring the action of the accused within the Exceptions described in section 300, Penal Code. To discharge this ..Category: Criminal Law | Date: | Hits: 49
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 ......ection 52 Recovery against liabilities, section 71 Compounding of offences, section 72 Cognizance of offences, section 75 Duties of Police, section 81 Public servants and section 82 Protection of action taken in good faith-all these show according to Mr. M. Nurullah the nature of the business ..Category: Election Law | Date: | Hits: 128
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......nd fairly, and in accordance with the provisions of this Act and the rules." Section 112 of the Electoral College Act, 1964 reads as follows: — "No Court shall question the legality of any action taken by or under the authority of the Commission or Commissioner, a Returning Officer or P..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy Commissioner, 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. ......ed for such period as he may think necessary. (3) When any Magistrate or Police Officer makes a direction under sub-section (1) or subsection (2) he shall forthwith inform the Collector of his action and his reason therefore." 11. From sub-section (1) above it is clear that the District Ma..Category: Others | Date: | Hits: 125
....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
...... Mr. T.H. Khan. In addition, he has referred to a great number of decisions of the Indian Supreme Court in which power of the legislature to make reasonable classification of persons, things and transaction on the basis of intelligible differentia, for achieving definite legislative, end, has been e..
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......6. The learned Judge of the High Court Division upon a reference to some cases observed that the relief of temporary injunction may be granted to the employee of a statutory body who has brought an action challenging an order of his removal from service or even reversion from higher post to lower ..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......r the following questions: 1. Whether the suit as framed by the plaintiff-respondent was in terms of Order 6, Rule 4 of the Code of Civil Procedure and also bad for mis-joinder of causes of action. 2. Whether the claim of the plaintiff was barred both as regards the money decree and c..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......be relevant. These provisions are as follows; "3. All persons may be joined defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the ..Category: Civil Law | Date: | Hits: 89
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......s refused to accept it on the plea of their failure to procure Income tax and gain tax clearance certificates and Nationality certificate but assured the plaintiff that they would complete the transaction after obtaining these certificates. Plaintiff made several offers since then but the defendan..Category: Civil Law | Date: | Hits: 109
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......nizations. The Audit of U M C. Jute Mills where the plaintiff was employed revealed certain gross financial irregularity for which the plaintiff was charge sheeted as to show cause why disciplinary action should not be taken against him including dismissal. An enquiry Committee was formed a..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......and also Tk. 14,000/- by a cheque on 10-8-75; that the plaintiff after selling her share duly informed the D. I. T., Registrar of Firms, I.D.B.P. and other concerned, authorities for taking necessary action following the dissolution of partnership; that in 1971 the defendant went to the then West ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......he same. The predecessor of defendant Nos. 3,5 also filed title Suit No. 105 of 1974 in the same court for cancellation of the compromise decree dated 23.8.66 but the same abated. The cause of action of the suit arose on 1st March, 1973 when the plaintiff-appellants received a notice of evic..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ture of the suit; the law prohibits any such amendment as would charge the fundamental character of the suit; for example, a plaint cannot be so amended as convert a claim based on contract into an action on tort. But an alteration in the relief does not alter the character of a suit." 11. As r..Category: Property Law | Date: | Hits: 99
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......ons and neighbors of Nurul Huda saw the incident and recognized a number of miscreants including these respondents. On a First Information Report lodged by the guard, P.W. 1, the police moved into action and visited the place of occurrence, seized alamats, investigated the case and submitted cha..Category: Criminal Law | Date: | Hits: 66
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