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Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....n the election could not be produced by the election authority, and none of the parties to the proceeding is responsible for their non-production and even though the missing of the ballot papers is post election affair, yet what is the duty of the election Tribunal to deal with the problem in suc...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......The writ petition was directed against an order of the election Tribunal 1, Bagerhat, in Election Tribunal case no. 22 of 1974 wherein the election of the appellant as the chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules,......it petition was directed against an order of the election Tribunal 1, Bagerhat, in Election Tribunal case no. 22 of 1974 wherein the election of the appellant as the chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 ..Category: Others | Date: | Hits: 101
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, had also sent one application by post to the Commissioner of Wakf to enroll him as the Mutwalli of the said Wakf Estate claimin......s meaning before we refer to what a judicial decision or a court is. The expression 'persona designata' means "a person described in the statute or legal instrument by his official designation or a member of a class" (Vide AIR 1941 Patna 65 at 68). In Osborn's Concise, Law Dictionary, 4th ed, at P...... Khan, (1952) 4 DLR 442). Waned Ali Vs. Haji Abdul Wahed, (1954) 6 DLR 206, Shamsul Huq Sikdar Vs. Election Tribunal and others (1975) 27 DLR 392; Khwaja Gholam Akbar Vs. Madarbari Conciliation Court Union Committee (1968) 20 DLR 160, Maung Bo Than Vs. No Pin AIR 1934, PC 81, Hemsingh vs. Basant A...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......Salam was trying to become Chairman by removing Azizur Rahman by a vote of no-confidence and for that purpose he drew up a petition for a vote of no-confidence and obtained signatures of some members, There was also enmity among them over distribution of some khas lands of Dayarampur R......ur respondents of the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....fficer concerned. The appellant's period of deputation was of three years in the first instance. It is, therefore, manifest that the appellant was an officer of the Government, as he held the post of an Assistant Registrar of the Co-operative Societies. 4. The question then......icer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranjan Cotton Mills Ltd., as Administrative Officer and was nominated by the company as a member of the Board of Trustees of the Chittaranjan Cotton Mills Employees Provident Fund Trust cou...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......f the statute are null and void and the question whether it is so is in the main governed by consideration of convenience and justice. In United Printing vs. Kishori Lal (A.I.R. 1956 Cal. 593), Union of India vs. Allied Trading Co. (A.I.R. 1956 and Punjab 7.) Haji Sattar Vs. Abdul Karim (P. L.......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......the petitioner has done. It is easy to see that if such a cause were permitted, the business of the Company can be brought to a complete standstill, when differences of opinion exist among the members of the Company. One legal effect of incorporation is to vest the ownership of the property i......k Vs Radharani, 50 CWN 394; C.P.K. Kattagill Vs. K.P. Sathiaram Nayar, AIR 1970 Kerala 95 ; Shyamlal Purchit Vs. Jagannath Roy, AIR 1969 Cal. 424; Charanjit Lai Chowdhury, Vs. Union of India AIR 1951 S.C. 14; Shaw & Sons (Salford) Ltd. Vs. Shaw, (1935) 2......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......ped by judicial decisions as a logical deduction from the nature of the widow's right. 52. It is interesting to notice here the following observation of Sir Ashutosh Mookerjee as member of the full Bench in the case of Debi Prasad Chowdhury vs. Gopal Bhagat ILR 40 Cal. 721 at ...... Prince Ernest Augustus, (1957) AC 436; Matangini Gupta Ram Rutton Roy, TLR 19 Cal 289 ; Vitta Taya Rama Vs. Chatta Kandu Sivayya, ILR 41 Mad. 1078.Bhola Omar Vs. Mst. Kausilla, AIR 1932 All. 617; Union Bank Ltd., Vs. Mst. Ram Rati, AIR 1954 All. 595; Maniram Kolita vs. Keri Kolitani, LR 7 IA 11......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
.... and that the election in question was held peacefully in accordance with law, that there was no disturbance or firing at the centre of Ward No. 3 that the election of the said centre was not postponed as alleged but that the same was held and completed peacefully. The Election Tribunal by ...... of the appellant as Chairman of the said Parishad and also for a declaration of the invalidity of the entire election of Ward No. 3 which involved the election of Respondent Nos. 13, 14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned ......Court Division rejecting summarily an application under Article 102 of the Constitution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office o......Division rejecting summarily an application under Article 102 of the Constitution by which a judgment of the Election Tribunal declaring the election of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....45 clerks were concerned, they were reinstated after retrenching a new set of 45 clerks, who were originally Flat clerks and later on appointed as Shore clerks but were transferred back to the posts of Fiat clerks just before their retrenchment. Out of these 45 clerks, who were thus newly r......ing a registered Union under the Trade Union Act and being also recognised by the Company, that was competent to enter into an agreement with the Company on behalf of the complainants who were members of the Union and as such the said agreement was binding upon them. 6. On a c......he Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a registered Trade Union of the employees of the said Company. The case of the Respondent Company is that in November,......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......he same meaning as assigned to it in the Basic Democracies Order. The Electoral College Act, 1964 was enacted for the Constitution of Electoral College for the purpose of election of President and members of the National and Provincial Assemblies under the then Constitution of Pakistan and ...... and that the properties of the appellants which have been sought to be taxed under the provisions of the said Act having been situated in the village Sholashahar which was being administered by a Union Council the impugned Notification by which the said Act was purported to have been extended t......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......ons to the grant of interlocutory injunction, the substance of both being the same. The Respondents denied the existence of the wakf hat. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....old their office during pleasure of the local authority. Employees of national corporations are not in the position of civil servants and do not hold office at the pleasure of the Crown. But if the posts of such employees are offered to them as permanent pensionable posts on conditions which inc......hereon for allotment of few bales of yarn to different weavers or factories. The Enquiry Officer did not examine any of the applicants whose cases the appellant had recommended nor did he examine any member of the Allotment Committee. The Enquiry Officer by his report dated 24-1-73 gave the follow......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......ore the final publication of the notification under clause (h) of sub-section (4). 6. The all important question in this appeal is the first question. It is to be remembered that the award was given by the Court under the Land Acquisition Act in terms of s. 91A of......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....e house of one Mahimulla at about dusk on 10th of April, 1960 for settlement of certain dispute over land. Jalil thereafter did not return home. Later his dead body was recovered and sent for post-mortem examination. As the dead body was found in an advanced stage of decomposition the ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ash;bus, rifles, bullets and empty shell of bullet from the place of occurrence by the seizure lists prepared between 4.-00 hours and 6-10 hours of 4-3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was...... at 9-45 hours of 4th March, 1987 and as such, this GD in law is a FIR in this case since the investigation officer on receiving information of the incident leading to death of the driver from the members of the patrol party, comprising police personnel(PWs 4, 6 and 8) attached to Sonargaon PS, ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... 5. PW 1 Mira and PW 2 Gayatri are respectively widow and daughter of victim Golok. They gave consistent evidence regarding the prosecution case and they were corroborated by P 3 Susanta who was a member of the local Union Parishad. Their evidence proved to the hilt that the two appellants gave ...... 2 Gayatri are respectively widow and daughter of victim Golok. They gave consistent evidence regarding the prosecution case and they were corroborated by P 3 Susanta who was a member of the local Union Parishad. Their evidence proved to the hilt that the two appellants gave blows on the chest o......yatri are respectively widow and daughter of victim Golok. They gave consistent evidence regarding the prosecution case and they were corroborated by P 3 Susanta who was a member of the local Union Parishad. Their evidence proved to the hilt that the two appellants gave blows on the chest of Golo..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....LD (AD) 230 (Bangladesh Biman Corporation vs. Lt Col (Retd) Md. Zainul Abedin and ors) submits that the petitioner was in defence service and his past service was counted towards seniority in civil post and after counting it was found that respondent No. 2 has completed 25 years of service and ac......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....olation of rule 39(4) of the Rules and that on receiving the result of the two centres where poll was not held the Returning Officer consolidated the result of the candidates who contested for the post of Chairman in Form ‘L’ and had declared the appellant, who was said to have got h......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......espondents Judgment May 30, 2001. The Constitution of Bangladesh, 1972, Article 102 The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candida......ents Judgment May 30, 2001. The Constitution of Bangladesh, 1972, Article 102 The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......ng Director in violation of the Rules of the company i.e. the Articles of Association was oppressive and prejudicial to the interest of the minority share holders, that is petitioner and the other members of company. The High Court Division after considering this statement made by the affidavit ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....writ petitioner filed writ petition challenging the aforesaid orders of the present petitioners issued purportedly under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross v......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
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