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Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119. 5. Mr. Md. Amir Hossain submits that the powers and functions of the appellate forum that decides appeals from election disputes cannot be higher than the powers and functions of the Tribunal trying the dispute as a trial Court. As th......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....llaneous Case seeking pre-emption of the land under section 96 of the State Acquisition and Tenancy Act. His claim was resisted by the appellants-transferees on the ground that their claim being higher in order of preference than that of the contiguous landholder, the latter is not entitle....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... the above noted provision, held "matters not specifically raised in pleadings-parties cannot be allowed to lead evidence on such matters. It may be mentioned that the plaintiff did not move the higher Court against the rejection of the amendment petition dated 11.9.83. 8. Mr. M. Fazl...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... the Contempt Rule with the help of the sycophants and henchmen of the contemner and denied the contents thereof. He contends that the contemner never referred any matter regarding his conduct to his higher authority. The U.N.O. was not in any way his superior officer and as such the U.N.O. was abso...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....suit is hit by section 42 of the Act is a finding of fact to be decided by the Court initially and if the Court proceed with the suit finding no objection under section 42 of the Specific Relief Act, higher Courts on revision would be very reluctant to interfere, if the Court at the first instance h...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....f such employees. The post of Assistant in the District Board, is a permanent post-and the post of Accountant, Works Programme is a temporary post. So, deputation to a permanent post with a higher maximum limit of salary is not tantamount to demotion. Moreover, deputation does not mean per......ingh preferred this Second Appeal. 4. The gist of the case of the plantiff is that he was appointed an Accountant of Works Programme, District Council, later District Board, Mymensingh' on a scale of Tk.200-10-270-15-330/- on a temporary basis. He joined his post on 12.8.68 He was suddenly ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....ors beyond its control it becomes an avoidable duty on the part of the High Court Division, exercising jurisdiction in accordance with law over the District Court to help it execute the orders of its higher Court.………(43) Cases Referred to- Sarangapani Vs. Narayansami I......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....ty evidences it cannot be held as has been erroneously done by the lower appellate court that the under-tenancy of the defendants was not annulled. 20. Where a Court requires a standard of proof higher than what has been laid down in section 3 of the Evidence Act, it is an error of law or proce......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......tioners and the other accused persons. He further submits that the earlier order of discharge was passed not on the ground of default of the informant party but on the merits of the case after a full-scale investigation and after application of mind following the perusal of the Memo of evidence of w..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ation (b) provides that the Court may presume that the accomplice is unworthy of credit unless he is corroborated in material particulars. The law and the rule of prudence are certainly not higher in the case of sexual offences. In the case of a trial by a judge without the aid of jury it ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......e provides that the enquiry officer must be appointed from among the officers senior in rank to the person proceeded against. The Additional Deputy Commissioner (Revenue) is a Government servant. The scale of pay of the Executive Engineer and that of the Additional Deputy Commissioner is the same. T..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......fficers of whom the president is the appointing authority", are required to be placed before the President for approval. Similarly, the cases of suspension of officers holding posts, the maximum scale of pay of which is not below Tk. 2600/- per month are also required to placed before the Presi..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....mpany. by way of bank guarantee. The court, however, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in the form of appeal before the higher appropriate court, I do not find any legal scope to entertain this review application as main......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....s. In the United States the Court of Military Appeals was created in 1950 as part of the revised uniform Code of Military Justice. Previously all appeals from the Court Martial judgments would lie to higher military commanders. “The new Code had been created largely because of the severe ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....p;……………Respondents Judgment July 28, 1981. Result: The Rule is discharged. Considering the matter of promotion of employee to the next higher grade- The employer can assess the value of academic qualification of the candidate......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......Commissioners are empowered to Impose under any law for the time being in force. (2) The Commissioner may from time to time, as a meeting convened as afore said, and in accordance with a scale of fees to be approved by the local Government, charge a fee la respect of the issue and renew..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. 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: 1 BLD (AD) (1981) 140 ......leave no room for doubt that the Provincial Government was fully conscious of its responsibilities and had no mind to disturb the limits of the existing Unions unnecessarily or to introduce any large scale revision of existing, boundaries of any rural of urban Union or any Town." So far as..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6