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Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to p......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......strict Magistrate" used in sections 12,23 and 24 of the Printing Presses and Publications (Declaration and Registration) Act, 1973 did not include Additional District Magistrate/Additional Deputy Commissioner, He further submitted that under the provisions of section 19 of the General Clauses ..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ove, the appeals are dismissed. There would, however, be no order as to costs. Badrul Haider Chowdhury J.- I regret that I could not subscribe to the views expressed in the judgment of the learned Chief Justice. 63. Plaintiffs' case was that the Salimabad hat was established long before 1850......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ...... A.G. v. British Museum [1903] 2Ch. 612; Strata Mercella's Case, 9 Rep. 25 b.; Northumberland vs. Houghton, L.R. 5 Ex. 127; Cunningham v. Tomey Homma [l903] A.C. 141; State v. Weatherly, 45 No. 20; Commissioner of Taxes v. Ford Motor Co. of Australia Pty. Ltd, [1941] St. R. Qd. 233; Rakhal Das Add..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ...... and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the contemner. In the Memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif Magistrate without intimation to the U.N.O..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....No Pin, AIR 1934 PC 81, Hemshing V. Basant , AIR 1936 PC 93 ; Addikappa V. Chandrasekhara, AIR 948 PC 12 ; Shamsul Huq Sikder Vs Election Tribunal, (1975) 27 DLR 388; Md. Amjad Hossain Howlader V. Chief Election Commissioner, Govt. of the People's Republic of Bangladesh, (1975) 27 DLR 373. ......drul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ………………..Appellant ......presented, in such manner as may be prescribed to the Election Tribunal appointed under section 27. 27. Appointment of Tribunal.- (1) for the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial officer to be an ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... far to seek. Amir himself has given the answer in his life till and it will be useful to consider Ext S(1) petition by Amir Ali dated 12.11.49. in respect Misc. Case No, 6 of 1944 before the Wakf Commissioner who initiated the proceeds on various allegations by Solaiman Mia Amir Ali posed the q..Category: Family Law | Date: | Hits: 239
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......e question of binding him with the statement therein does not arise. This observation, we find, got no legal or factual basis. For, these are certified copies of applications to the Additional Deputy Commissioner for settlement, who after necessary endorsement, incorporated them into the record of..Category: Property Law | Date: | Hits: 37
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....d Press. On 4th July 1977 the Press was sold to the Samity which is being managed and run by the said Samity. Respondent filed a petition of complaint on 181.84 against the appellants in the Court of Chief Metropolitan Magistrate, Dhaka under section 30 of the Printing, Presses and Publications (D......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... are, therefor, liable to punishment under section 4 thereof. It was furtherer disclosed that the appellants had subsequently subscribed a declaration which was authenticated by the Additional Deputy Commissioner as District Magistrate on 4th January 1984. It was opined by the complainant that no ..Category: Criminal Law | Date: | Hits: 59
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....disposal of the case in accordance with law. 9. Appellant moved the High Court Division under Article 102 of the Constitution read with Constitution (Partial Revival) (Second) Order, 1985, and the Chief Martial Law Administrator's Order No. 1 of 1985. It was contended by him that the order passed......5. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not authorize......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ive evidence, the question of drawing the attention of the witness to that statement does not arise. The view expressed above finds support from the view expressed by M. Monir (former Chief Justice, Supreme Court of Pakistan) at page 60 of his book "Principles and Digest of the......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... the High Courts and the matter went up to the Privy Council which in the case of C.P. Matthen Vs. District Magistrate, Trivandram reported in AIR. 1939 (P.C.) 213 approved the view of the learned Chief Justice who in the judgment of the Full Bench of the Madras High Court in that case had held ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......as and for matters connected therewith and incidental thereto. In exercise of the power conferred by Article 24 of Order No. 22 the Government made rules known as the Union Parishad and Paurashava (Election) Rules, 1973. Election for the Constitution of Union Parishad and Paurashavas are to be con......ection to the office of Chairman. Rule 12 provides for Notification of days of different stages of election. It reads as under:— ''(1) For the purpose of holding an election the Election Commission shall, by notification in the Official Gazette, appoint: (a) a day, at least ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....cement of the trial. It is true that the witness were cross-examined. It is, however, evident from the cross-examination that there was mere reputation of that of what was stated in Examination in Chief. It is therefore, apparent that corroboration of the prosecution case was taken by way of cro......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ation to complete a sale of immovable property altered the principle of the Mohammedan Law of pre-emption in respect of performance of the ceremonies claiming preemption, the learned Chief Justice observed: "I cannot think that it was the intention of the Legislat...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Association and a private Medical Practitioner.&nbs......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... eye of law. 12. In the case Ebbw Vale UDC vs. South Wales Traffic Area Licening Authority (1951) 2 KB 366 the Court of Appeal held that wholly owned subsidiary of the British Transport Commission was a separate legal entity. In that case the shares of an omnibus company which pr..Category: Business or Commercial Law | Date: | Hits: 107
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ent under section 9(2) without any discrimination. In Jibendra Kishore's case the acquisition of the interests of rent-receivers was not "piecemeal but wholesale", as was pointed out by the learned Chief Justice No selection was involved. The interests of all rent-receivers throughout the province......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......el for the appellant relied on a number of decisions. To begin with reference was made to the case of Ram Krishna Dalmia vs. Justice Tendolkar, AIR 1958 SC 538, which considered the validity of the Commissions of Inquiry Act, 1952 and the notification issued under section 3 of the Act by the Centr..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....s all dedicated and efficient participation in the liberation straggle of Bangladesh Mr. Musharraf Hossain Chowdhury, Ex-Internal Auditor of Titas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council. South East Zone, Govt. of the People's Republic of Bangladesh ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......are now audited by the Comptroller and Auditor-General of Bangladesh. It gets an allocation of funds from development project and its annual development programme has to be approved by the Planning Commission. Due to these measures, both legislative and executive, the status of the company changed..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... any lawful authority. Ed. ......plication end requires the administrative authority concerned to base its decision on an objective determination of facts". 15. In the case of Abdur Rahman vs. Collector and Deputy Commissioner (1964) 16 D.L.R (S.G) 470=PLD 1964 S.C. 461 It was held that "principles of natu..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khond......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ate decision given by the reviewing authority. In that view of the matter I do not consider any useful purpose would be served by any discussion on the following cases, namely, Patterson vs. District Commissioner of Accra (1948) AC 341, Franklin vs. Minister of Town and Country Planning (1948) AC 87..Category: Constitutional Law | Date: | Hits: 292
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