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Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......No. 1(d) did not raise any objection regarding defect of parties before the trial Court and no issue has been framed on it. May 1977, was passed stating that the land in question was to be sold to members of the Hindu community for developing the temple. On 16th July 1977 the resolution Ext. 1 (a......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..

Category: Criminal Law | Date: | Hits: 88

Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)

....eason for not setting aside the respondent's election hot for maintaining It, The reason was that the Tribunal was not sure whether the "double marks" on the 68 ballot-papers of the respon­dent were post-election manipulations or were in existence al the lime of counting of those ballot-papers by t......sing the Tribunal's order and dismissing the election-petition. The appeal is, accord­ingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......€¦â€¦â€¦..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh e......€¦..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh electio..

Category: Election Law | Date: | Hits: 140

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 ......Parishads (Election) rule provide for counting of votes. Sub-rule (3) says for the purpose of counting ballot papers the Presiding Officer shall-(a) arrange separately the ballot papers in respecters member and of Chairman. Then rule 39(1) says that the Presiding Officer shall scrutinize ballot boxe......A. T. M Afzal J 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 ......M Afzal J 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 jurisd..

Category: Election Law | Date: | Hits: 126

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

....ound in Order 47, rule 1 when review can be had under certain circum­stances, one of which is ''error apparent on the face of the record" which obviously refers to a question of fact but section 115 postulates it must be an error of law. 84. The learned Single Judge has based his conclusion that......to the matter locally on 25.4.71 after notice fiction of both the parties. I visited the new established bazar at Salimabad mou­za and also the old established hat at Tebaria mouza and talked to the members of public of both the parties. It appears to me that the new bazar established at Salimabad ......l Deputy Commissioner (Rev.) Tangail. The Sub-Divisional Officer, Tangail, the Circle Officer (Revenue), Nagarpur, Tangail. The Officer-in-Chairman, Nagarpur, P S. Nagarpur. The Cha­irman, Salimabad Union Parishad, Union Police nation Nagarpur, District Tangail....Opposite parties. ORDER The ......ty Commissioner (Rev.) Tangail. The Sub-Divisional Officer, Tangail, the Circle Officer (Revenue), Nagarpur, Tangail. The Officer-in-Chairman, Nagarpur, P S. Nagarpur. The Cha­irman, Salimabad Union Parishad, Union Police nation Nagarpur, District Tangail....Opposite parties. ORDER The presen..

Category: Property Law | Date: | Hits: 202

Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)

.... we have looked into Memo No. 32-C dated 6.10.83 vide Annexure 'J' to the first affidavit. The contemner informed the District Magis­trate, Rangpur that the Munsif-Magistrate left his place of posting without in­timating the contemner U.N.O. to avail of civil court vacation of one month. T......t-level rep­resentative of an independent organ of the State. Our people have not seen and are not used to seeing a pliable or a committed judiciary. The sight of an executive head lecturing a member of the judiciary in the open Court and crea­ting hindrances in his smooth function­ing is......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 ..

Category: Criminal Law | Date: | Hits: 49

AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)

.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......ly from the application of different tests but are referable to the differen­ces in the statutes concerned which they were construing for the purpose of deciding the question. It should well be remembered that while interpreting statutes Judges are not expected to do not apply pre-conceived not......t July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1896, “Dist......uly 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1896, “District J..

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. ......rness both the son ship and the legitimacy of the appel­lant. The father took much interest in his upbringing and there are letters between both the father and the son, on the one hand, and other members of the family on the other, showing that the interest in his upbringing and educa­tion was...... 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. ..

Category: Family Law | Date: | Hits: 239

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

.... Referring to the provisions of amended section 6 of Act No. XI of 1859 the learned Counsel submitted that there being no proof that the notices were sent to the proprietor of the jote by registered post, the alleged auc­tion sale did not affect the appellants' right to the suit property of jote N......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)

....tgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as such he lies out side the ambit of Article 1......nd Mortgage Bank" is as defined in section 2(e) of the Co-oper­ative Societies Act, primarily and basically a cooperative society, the objects of which incl­ude the creation not funds to be lent to members on long terms upon mortgage of their im­movable property; and a "co operative society" mean......s. Minister of National Insurance, All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of India, AIR 1969 Cal. 95, Pakistan Vs. Naseem Ahmed, (1962) 14 DLR (SC) 169=PLD 1961 SC 445;......rder of the High Court Divi­sion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..

Category: Employment/Service Law | Date: | Hits: 124

Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)

....m slept on a chowki in the east bhiti hut of Muzaffar, the western door of which was open. At about 3 A.M., he said, he saw through this door six persons, all armed, entering the hut in an aggressive posture. He claimed to have recognized all, of these persons who are Mujaffar, appellant Jaida and a...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..

Category: Criminal Law | Date: | Hits: 60

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... result, both the appeals are dis­missed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......m­plaint from Court for the purpose of taking cognizance of the offence found committed by the appellants. 2. Appellant, Muslim Khan, a Mukhtear-cum-Revenue Agent and appellant Sanaullah Akhan, a member of the pubic, along with one Syed Ahmed Patwary, a public servant, dead, since then, were con...... result, both the appeals are dis­missed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dis­missed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...

Category: Criminal Law | Date: | Hits: 69

Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)

....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. ...... initiate criminal proceedings in resp­ect of offences created by the Companies Act, this mean that the Registrar or a person duly authorised by him was alone competent to initiate proceedings and a member of the general public cannot (as he can under the Criminal Procedure Code in respect of offen......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. ......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. ..

Category: Criminal Law | Date: | Hits: 59

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......nvenient to hear both of them under the same petition. Section 84 provides that after making a winding up order the court shall settle the list of contributories with power to rectify the Register of members and those reliefs incorporate section 38 of the Companies Act. 11. In order to appreciate......(Lah) 658; O.L. Universal Bank vs. Qureshi AIR 1945 Lah 146; 52 CWN 535; AIR 1920 Cal 789; AIR 920 Mad. 571; AIR 1955 Pat. 486; Sankarlal Agarwala AIR 1965 (SC) 507; Peninsular L.A. Co. 1936 Bom. 24; Union India Sugar Mills Co. ILR 44 All, 151; De-venkumar Mishra AIR 1955(Pat) 486; Ramesh 47 Cal 901...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..

Category: Company Law | Date: | Hits: 195

Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)

....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.......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.......­lant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amend­ment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filli...... Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amend­ment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an ..

Category: Election Law | Date: | Hits: 152

Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)

..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..

Category: Property Law | Date: | Hits: 59

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

....n that the earlier service ren­dered as Coin/Note Examiners, Typists and Punching Machine Operators would be taken into account for determining the minimum qua­lifying service for promotion to the post of clerks Grade-I. After emergence of Bangladesh, Bangladesh Bank (temporary) Order, 1971 (Acti......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 87

Bangladesh Enemy Property Manage­ment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....y (Confluence of Emergency provisions) (Repeal) Act, 1974 (Act XLV of 1974) and the vested and Non-Resident Property (Administration) Act, 1974 (Act XLVI of 1974) which, according to him, reflect the post liberation policy of the Government of Bangladesh in respect of such properties and assets as a...... firm" and "enemy property". The terms "enemy subject" included any indi­vidual-who possesses the nationality of a State at War with Pakistan, the term "enemy firm" included any company of which any member, share holder or officer is an enemy subject and which is carrying on business in Pakistan an......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 125

Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......1967). Judgment                 Muhammad Abdullah Jabir, J.- The petiti­oner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..

Category: Criminal Law | Date: | Hits: 44

Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)

....ia struck on the head of Shamsul Huq with iron rod and Idris Pandit therefore, stabbed him on the back with dagger is not borne out by the medical evidence of P.W. 5 Dr. Mustafizur Rahman who held post mortem examination on the dead body of Shamsul Huq. The Doctor found the following injuries on......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..

Category: Criminal Law | Date: | Hits: 39

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. ......l bodies and, as such, the proceeding relating to election to Parliament are also different from those rela­ting to election to local bodies. If there is a death of a validly nominated candidate for membership of Parliament, who has not with­drawn his candidature, the proceedings relating to that ......ng an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies of an accident on 3-12-73 leaving behi......application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies of an accident on 3-12-73 leaving behind Mr...

Category: Election Law | Date: | Hits: 133