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Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... of notice contemplated in section 5 (1a) and 5(3) of the Act must be prior to the initiation of acquisition has been rendered invalid for the want of statutory notice, the service of notice which is posterior to the acquisition, cannot legally have any retrospective effect and as such a subsequen......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......ce of the same "on the owner of the property by delivering or tendering it to him" etc. It further provides that an authentic copy of such order shall also be affixed on the notice board of the local Union Council and the order shall also be proclaimed by beat of drum in the locality in which the pr......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......atin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfere......................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in t..Category: Election Law | Date: | Hits: 111
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....ce and how his client defendants concluded the agreement for lease. The learned Counsel submitted in pursuance of the open lender this lease was obtained in February, 1986 and the Government has been posted with all information as to how the deal was concluded between the School Managing Committee a......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......ion these days. Courts have expressed their anxiety in such a litigation. The Indian Supreme Court, in a number of decisions, considered the nature of this proceeding. In the case of Sheela Barse Vs. Union of India and others reported in AIR 1988 (SC) 2211 noticed— "The proceedings do not part......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... Ahmadul Hoque & others......……...........Respondents (In Civil Appeal No. 61 of 1989) Judgment November 6, 1989. Result: Both the appeals are dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure......dul Hoque & others......……...........Respondents (In Civil Appeal No. 61 of 1989) Judgment November 6, 1989. Result: Both the appeals are dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure, 1908..Category: Election Law | Date: | Hits: 125
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......ellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question ...... Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of rep..Category: Election Law | Date: | Hits: 125
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. .......Appellant Vs. The Election Commission & others...................................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29......lant Vs. The Election Commission & others...................................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Di..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......la was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 was promulgated. Defendant No.1 being a member of the minority community was required to take permission under the said Ordinance for making......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......he order of the Election Commission for publication of the result of the appellant. 2. The appellant received highest number of votes in an election of the Office of Chairman of No. 12 Amirabari Union Parishad, Upazila Trishal, Mymensingh. The Election Commission, by an order dated 31st March......er of the Election Commission for publication of the result of the appellant. 2. The appellant received highest number of votes in an election of the Office of Chairman of No. 12 Amirabari Union Parishad, Upazila Trishal, Mymensingh. The Election Commission, by an order dated 31st March, 1988..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....assailants and the manner of the occurrence. Ejahar was lodged by P.W.I Nur Ahmed in the following morning at the thana, which is 16 miles away, whereupon the police investigated the case, arranged postmortem examination of the dead body of Siraj and thereafter challaned 11 persons including these...... Court decree against him in P.S. No. 70 of 1972 for recovery of her share in the paternal property covering an area of over 17 acres but was resisted by him; accused Shah Alam being a local U.P. member was approached by Nurjahan with a request for help; she and her husband came to his house for...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......ee are managing the business and defendant No. 3 is the Managing Director. 14. A partnership is defined in the Partnership Act as a corporate body because it has no existence separate from its member. Mr. Khondker Mahbubuddin Ahmed pointed out that this is a partnership business. It is the ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......e Returning Officer declared the appellant to have been elected as the Chairman. When the papers were sent to the Election Commission for the purpose of publication of the names of the Chairman and members in the Official Gazette, respondent No. 1 filed an application before the Election Commissio...... by the High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988 making the rule absolute and declaring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and......e High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988 making the rule absolute and declaring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and is of..Category: Election Law | Date: | Hits: 130
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....ion was justified in the special facts and circumstances of the case. 5. It has been urged by the learned counsel for the appellants that the cause of death of the victim having been stated in the post mortem report to be some other (heart failure, old age, etc.) than infliction of the alleged in......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ead with section 34 of the Penal Code, the fact that after the assault the accused ran away together was considered along with other evidence on record. 17. P.W.9 Dr. Binod Behari Shaha who held post mortem examination on the dead body of the deceased, however, opined that the death was due t......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
...., Class II Officers, named below are appointed to act, until further orders, as Circle Officers (Revenue) and their services are placed at disposal of the Board of Revenue, East Pakistan, for their posting to different stations. 130. Mr. Ismail Hossain. By order of Governor, M.H. Rahma......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... April 20, 1977. Cases Referred To- Chairman, Railway Board Vs. Abdul Majid, DLR 1966 SC 532; Abdul Majid Sheikh Vs. Mushaffe Ahmed & another, DLR 1965 SC 63; Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government &......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
.... fairly deal with her case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....nformation Report with the Madaripur Police Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to Madaripur for post mortem examination. P.W.11 after holding investigation submitted charge sheet against the respo......er two daughters P.W.3 and 4 dragged the dead body near the edge of the water. She learnt about the details of the occurrence from her son Riton. It is true while being cross-examined she could not remember whether she stated to the Investigating Officer and the Committing Court some of the details......e came to the spot. The dead body of Rashid Khondker was taken to the house of P W.6. Of other people who came to the place of occurrence were Malek Matbar, Abdul Majid Matbar, Mannan, Clerk of the Union Council, Mannan Dhali, Taib Ali Howlader and the local PLA. The respondents are the neighbors ......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ed against the respondent four years earlier and some of those charges were actually disproved and the rest were found to be unfounded in an enquiry held on the application to the respondent from the post of receiver of the property. The High Court passed the order after arriving at the conclusion t......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ary for the purpose of preventing him from doing any prejudicial act. As required by section 8 of the Act, grounds of detention were served on him wherein it is mentioned that the detenu is an active member of Jatiya Samajtantric Dal, which announced its programme publicly to overthrow the Governm......istrict Pabna and vehemently criticised the fundamental principles of the Government of Bangladesh established by law. "That on 21-1-73 you as a labour leader of Serajganj Quami Jute Mills Majdur Union along with some labourers gheraoed the residence of the manager of Serajganj Quami Jute Mills ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... and he was removed to Rajshahi Hospital, where one of his legs had to be operated. 4. The defence case was that they were implicated falsely at the instance of Khondaker Nural Islam, Chairman of Union Committee of Radbanagar. Both Courts below found the four accused guilty under section 326/34 ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
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