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Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......nd is binding upon the petitioner. He further submits that the election process once started should not be disturbed and the election scheduled to be held on 05.04.2006 should not be stayed on the prayer of the writ petitioner who is disqualified to be a candidate being a bank loan defaulter. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......Dhaka and the Uttara Bank, Branch at Rangpur entered appearance and filed an application under Order 7, Rule 11 of the Code of Civil Procedure and section 6 of the Artha Rin Adalat Ain, 1990 with the prayer for rejection of the plaint stating that decree was passed by the Court in Rangpur and that t..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......es of Title Suit No. 18 of 1992 and Title Suit No. 7 of 1994 are different from each other and therefore the present suit is not barred by the principle of res judicata; that the prayer of both the suits are different from each other and therefore the present suit is not barred..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......ome-Tax Act, as such the Income-Tax Officer completed the assessment under section 23(4) of the Income-lax Act and treated the status of the respondent as an unregistered firm and rejected the prayer of the respondent for renewal of the registration. The assessee- respondent filed appea..Category: Fiscal/Taxation Law | Date: | Hits: 76
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......nd could be forfeited on payment of compensation. 6. On perusal of the relevant provisions of the Ordinance No. XIX of 1959, since amended by Act XII of 1967 it appears that the appellant's prayer for renewal of licence for the year 1380 B.S. has been rejected on an erroneous view of..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......hy;tained if the preparation of the compensation assessment roll had not been made. The plaintiff-respondent filed the suit for declaration of title and for permanent injunction with following prayers:— "(1) that the lands and fisheries described is schedule plai..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......deciding the matter the Court may pass such orders including the orders regarding costs, as it may deem just and proper. From the judgment of the Labour Court it appears that while considering the prayer for reinstatement the Court observed as follows- "Regarding reinstatement, I..Category: Labour and Industrial Law | Date: | Hits: 110
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......o. 179 of 1979 and O.S. No. 164 of 1979 both in the Court of 2nd Munsif, Chittagong and third suit being O.S. No. 119 of 1979 was instituted in the 1st Court of Munsif, Chittagong. In all the suits prayer for declaration was made that the acceptance of the tender of the appellant was illegal and w..Category: Others | Date: | Hits: 94
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e Counsel of the respondents Mr. Asrarul Hossain. To appreciate the rival contentions the grounds on which the leave has been granted may be summarised: (i) Whether the respondents having alternative remedy by way of revision under the Customs Act against the order passed by the Collec......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......idered an application which was filed on 31.7.78 for amendment of the election petition giving up his entire allegation regarding corrupt and illegal practices in holding the election and pressed the prayer for recounting of the ballot papers of the 18 polling centres. This amendment was allowed in ..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....by the Court of Appeals, a person named Connelly and three others were convicted of murder 'committed in the course of a robbery. Connelly, at his trial, took two fold defence, an alibi, and in the alternative no murderous intent. On appeal against his 'conviction the only issue ventilated was w......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......e Labour Court held that those respondents were entitled to three days' compensatory holidays for working on each festival holiday under the provisions of Industrial Relations Ordinance. The second prayer of those respondents for allowing overtime allowance for 4 hours per week for working 48 ho..Category: Labour and Industrial Law | Date: | Hits: 267
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....re proved. As such the facts of the decision in Muralidhar's 56 C.W.N. 260 case are distinguishable. In that case the plaintiff filed the suit for damages on account of use and occupation or in the alternative for mesne profit, on the allegation that the defendants were in wrongful occupation as t......rned Single Judge relied upon the decision of Muralidhar vs. Rupendra Nath. 4. Leave was granted by a person out of possession for compensation for wrongful possession, is maintainable without a prayer for declaration of title and with or without a further prayer for recovery of possession. ..Category: Property Law | Date: | Hits: 56
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ...... Lading that it is to be used by the charter party and built up an argument on the arbitration clause of the contract. Therefore, it is contended that the High Court Division had wrongly rejected the prayer. 5. Syed Ishtiaq Ahmed, the learned Counsel appearing for the Respondents in painstaki..Category: Business or Commercial Law | Date: | Hits: 89
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......nding and after arrival of the records, an opportunity for substitution of the heirs of the dead appellants was available to the party concerned. The learned District Judge was wrong in rejecting the prayer for substitution of the supposition that the appeal had abated as a whole. The suit being for..Category: Property Law | Date: | Hits: 73
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... of 1973 was initiated in the Court of the Sub-Divisional Magistrates Sunamganj, Sylhet. The Officer-in-Charge of Chhatak Police Station submitted a report to the Sub-Divisional Magistrate with a prayer for issuing processes against the appellants and others. The appellant Cherag Ali was named..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
...."touching," because the phrase as ''such adjoining or contiguous promises," and I think the two words, "adjoining" and "contiguous", were not intended to be merely synonymous but were meant to be alternative, and that the meaning really was "such adjoining or neighbouring premises". The inte......dule 1 consists of a tank only. The appellants contested the pre-emption case on various grounds, inter alia that absence of contiguity between the lands by reason of existence of a public pathway, prayer for pre-emption could not be allowed. The Sub-ordinate Judge accepted the pre-emptor's ca..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......t the ends of justice and should be used strictly to meet the extra-ordinary situation. It is to be invoked by the person claiming the privilege from the Court. It does not appear that any formal prayer was made by the tenant-Respondents to invoke this extra-ordinary jurisdiction. It does not al..Category: Tenancy Law | Date: | Hits: 69
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....retracted later on, but as to these three appellants, there is no evidence except the confessional statement of the co-accused Shafi. Mr. Shamsul Alam, learned Deputy Attorney General has no other alternative but to accept this fact on record. ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
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