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Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)

....; Election Commission is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absen...... Kazi Ebadul Hoque J Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents ......adul Hoque J Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment ..

Category: Election Law | Date: | Hits: 144

Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)

.... and as such, High Court Division erred in law in upholding the order of the Additional Deputy Commissioner to hand over the charge to the other Joint Mutwallis, one of whom has been designated as Chief Mutwalli. 4. High Court Division discharg......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......titioner from the office of the Mutwalli by order dated 18-12-73. Subsequently, by order dated 1-9-90 respondent Nos.3 and 4 were appointed Joint Mutwalli. By order dated 3-11-97 Additional Deputy Commissioner (Revenue),Dhaka directed the petitioner to hand over the charge of Mutwalli to respond..

Category: Property Law | Date: | Hits: 47

Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)

....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......from the judgment and order of the High Court Division dated 27.11.94 in FMA No.296 of 1993 allowing the appeal and setting aside the judgment and order passed by the Additional District Judge and Election Tribunal No.2, Chittagong, Election Tribunal Case No.8 of 1991. 2. In the last Par......efeating the petitioner by 668 votes. The petitioner filed the aforesaid Election Tribunal Case on the ground that under Article 8(2) of the Representation of the People's Order, 1972 the Election Commission published in the Official Gazette on 6.2.91 the final list of 83 polling stations specif..

Category: Others | Date: | Hits: 119

Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......ngladesh Krishi Bank, Konkapati Bazar Branch. The election was held on 1.2.92 and the petitioner was elected as Chairman and the Gazette Notification was published on 3.3.92. Respondent No. 1filed Election Tribunal Case No.7 of 1992 before the Election Tribunal and Additional Senior Assistant Ju......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..

Category: Others | Date: | Hits: 101

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....h punishment called "discharge" in the said Rules. The appellate Court below found from a letter of appointment filed by the plaintiff in the appellate Court that he was appointed by the Chief Engineer. Therefore the order of discharge passed by the Superintending Engineer, Khulna Divi......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..

Category: Property Law | Date: | Hits: 124

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..

Category: Criminal Law | Date: | Hits: 49

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....0 (SC) 319; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Habibullah Khan vs. Shah Azharuddin Ahmed, 35 DLR (AD) 72; Brij Mohan Singh Vs. State of Punjab, AIR 1987 (SC) 948; Baikuntha Nath Das Vs. Chief District Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

....nce shall be served upon such parties as may be named in the order. 4. In the afternoon of the 4th July, 1995 the reference was received with a forwarding letter addressed to the Secretary of the Chief Justice and signed by the Secretary, Ministry of Law, Justice and Parliamentary Affairs with a......��…………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation of Lands and Buildings AIR 1943 FC 13: In Presidential Election 1974, AIR 1974 (SC) 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 19...... not return to Parliament; I. And Whereas the opposition members while so acting, by‑election to Magura constituency was held and the opposition parties made certain allegations to the Election Commission and the Election Commission after causing enquiry and having found the allegations not tr..

Category: Constitutional Law | Date: | Hits: 248

Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)

....irpur police station in connection with Mirpur Police Station Case No. 30(6) 94 under section 19 (A) and (F) of the Arms Act. 1878. On 11 June 1994 the police forwarded the detenu to the Court of the Chief Metropolitan Magistrate, Dhaka. Subsequently, he was sent to the Central Jail where the order ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..

Category: Criminal Law | Date: | Hits: 75

Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)

....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..

Category: Property Law | Date: | Hits: 76

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..

Category: Business or Commercial Law | Date: | Hits: 114

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..

Category: Criminal Law | Date: | Hits: 73

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....icers (Appointment and Fixation of Seniority in Civil Post) Rules 1983 the High Court Division was misdirected to the question of constitutionality of the said Rules. The Rules, promulgated by the Chief Martial Law Administrator in pursuance of the Proclamation of 24th March, 1982, was protected......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..

Category: Employment/Service Law | Date: | Hits: 117

Hasan Ali and others Vs. State, 1995, 24 CLC (AD)

....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..

Category: Criminal Law | Date: | Hits: 60

Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)

....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

.... dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. The detenu, ho...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..

Category: Constitutional Law | Date: | Hits: 185

Haider Ali Khan vs. State, 1995, 24 CLC (AD)

....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..

Category: Criminal Law | Date: | Hits: 74

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

....lled, "access" or "tadbir". It is particularly disturbing for the judicial conscience because it is unthinkable that it person can be permitted to come up with a petition of complaint directly to the Chief Justice when the law of the land requires him to go to a Magistrate. All the Government orders......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......sion long ago for acquisition under section 5 of the Ordinance and the lands vested in the Government under section 11 of the said Ordinance as the compensation money has been deposited by the Deputy Commissioner in the public account on 25.11.1989. He showed the relevant chalan to us. Section 7..

Category: Property Law | Date: | Hits: 79

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

....ot;3. To determine their suitability for retention in service up to the age limits specified in para 2 above, cases of all officers will be reviewed under orders of the Commander‑in‑Chief before completion of the following commissioned service on the Effective List: Maj......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..

Category: Constitutional Law | Date: | Hits: 203

AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)

....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......fa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: ......J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J AKM Mayeedul Islam………………………………………………….Petitioner Vs. Bangladesh Election Commission and others ……………Respondents Judgment June 5, 1996. Result: The pet..

Category: Election Law | Date: | Hits: 133

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