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Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......in the prescribed period, unless the Deputy Commissioner, for good cause shown, extends the period. The results of election of the said Union Parishad were published in the Official Gazette by the Election Commission on 5.3.92, as required under section 25 of the Ordinance. In terms of section 9......983, hereinafter referred to as the aforesaid Rules, provides that every Chairman and member of the Union Parishad shall make an oath of office in the Form annexed to these rules before the Deputy Commissioner or such officer as may be authorised by him on such date not beyond thirty days from t..

Category: Election Law | Date: | Hits: 136

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

.... Judgment:                  ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquitt......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01   ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01   ..

Category: Constitutional Law | Date: | Hits: 174

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....ese appeals.                Latifur Rahman J.- I am writing this judgment agreeing with the main judgment of my Lord the Chief Justice as in the case of Md. Younus & Brothers Ltd. Vs. University of Chittagong, 44 DLR......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ork had started from 21 January 1983, it was suspended for 47 days from 2.2.83 to 20.3.83 due to a dispute arising between the appellants, BADC, and the Ministry of Land at whose instance the Deputy Commissioner, Faridpur, by applying Police Force, took over possession of the construction site. Af..

Category: Business or Commercial Law | Date: | Hits: 98

Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)

.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......titioner is an elected Chairman of Bauphal Union Parishad, Patuakhali. His election, which was held in January 1992, was challenged by a contesting candidate, who is respondent No. 1 before us, in Election Petition Case No. 9 of 1992, before the Assistant Judge and Election Tribunal, Patuakhali....... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ..

Category: Election Law | Date: | Hits: 119

Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)

.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94   ...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94   ...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94   ..

Category: Others | Date: | Hits: 89

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

....urts in relation to reference and revision. Sections 435 and 436 of the said chapter give concurrent powers and jurisdictions in respect thereof to the High Court Division, the Sessions Judge, the Chief Metropolitan Magistrate and District Magistrate. Section 437 of the said chapter had been omi......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... of the former section must prevail, unless there is a specific provision to the contrary in the(same) statute itself. (Valdeo Singh Vs. State, AIR 1951 Madha Bharat 149), Vithaeji Madharji Vs. IT Commissioner ' AIR 1948 (Mad), 353, Bhana Mekan Vs. Emperor, AIR 1936 (Bom) 256; Union Insurance So..

Category: Criminal Law | Date: | Hits: 76

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....rder is modified in the terms stated above.              Mustafa Kamal J: I agree wholly with the judgment delivered by the learned Chief Justice. 20. 1 have read the impugned judgment of the High Court Division with disbeli......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. ..

Category: Criminal Law | Date: | Hits: 98

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....but in view of the question of law involved in, and of the facts and circumstances of, the case, parties will bear their respective costs. Latifur Rahman J.- I agree with the judgment of my Lord Chief Justice that the appeal should be dismissed. I like to add a few words of my own in this case.......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..

Category: Business or Commercial Law | Date: | Hits: 128

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......Respondents No. 1 in his writ petition No.1990, inter alia, averred that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of..

Category: Employment/Service Law | Date: | Hits: 126

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

....dated January 19, 1992 passed by the High Court Division, Dhaka in Writ Petition No. 64 of 1992). Judgment MH Rahman J.- On June 4, 1991 the petitioner, Rear Admiral AA Mustafa, the erstwhile Chief of Naval Staff of Bangladesh, was retired by the order of the President from his service in th...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43........ 64 of 1992. 2. The petitioner is now seeking leave against the impugned order dated January 19, 1992 of the High Court Division summarily rejecting his writ petition. His case is that he got his Commission in the Pakistan Navy on May 10, 1963 and he was awarded the Sword of Honour, being the be..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....e allowed; the judgment of the High Court Division is set aside and the impugned Rules are held constitutionally valid. No costs. Latifur Rahman J.- I agree with the main judgment of my Lord the Chief Justice that all the appeals should be allowed as the learned Judges of the High Court Divisio......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......al appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Service Commission. Furthermore, under the impugned Rules, their inter se seniority, if appointed on the. sa..

Category: Employment/Service Law | Date: | Hits: 97

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

.... is aged about 19 years and she married accused Azizur Rahman of her own accord. She is presently staying since 13.9.92 with her cider sister whose husband, Yunus, is also an accused in the case. The Chief Metro­politan Magistrate, Dhaka refused the prayer of the appellant for custody of his daught......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....i Bahadur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 SC 378; Madhu Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the Peopl......dur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 SC 378; Madhu Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's R......t Roy Moti Lal Jute Mills and another AIR 1960 SC 378; Madhu Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic o..

Category: Civil Law | Date: | Hits: 103

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......indifferent manner. The above named persons were hence directed to appear in person before the High Court Division of the Supreme Court at 10-30 AM on Monday, the 30th June, 2003 without fail. The Commissioner, Dhaka Metropolitan Police and the Deputy Commissioner-in-Charge of Traffic, Dhaka Met..

Category: Criminal Law | Date: | Hits: 64

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

.... Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chair­man (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. ...... MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chair­man (Chief Election Commissioner) and anr.......R......l Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chair­man (Chief Election Commissioner) and anr.......Respondents..

Category: Election Law | Date: | Hits: 108

Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)

....rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh Telecommunica­tion Regulatory Commission........................Appellant vs Ekushey Television Ltd...........................

Category: Information Technology Law | Date: | Hits: 266

Abdul Kader Vs. Secretary, Election Commis­sion and others, 2006, 35 CLC (AD)

....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......(Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J AK Chowdhury J Abdul Kader.....................Petitioner Vs. Secretary, Election Commis­sion and others...............Respondents Judgment October 23, ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..

Category: Election Law | Date: | Hits: 106

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....d from him a written false statement that he would be released and the articles seized would be returned on payment of duties on assessment. 3. The respondent moved bail petition before the Chief Metropolitan Magistrate, Dhaka. The application for bail was rejected and the respondent pref......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......riminal Procedure. The High Court Division issued Rule to show cause as to why the respondent shall not be enlarged on bail and ad interim bail was also granted to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

....xecutive Engineer on 15-9-1980 with effect from 1-9-1980 (Annexure-B and B1 to the writ-petition). In due course, the authorities prepared a gradation list of the Executive Engineers and Assistant Chief Engineers, in the year 2000 for promotion to the next higher post of Superintending Engineer......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 66