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Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....itions together and disposed of accordingly, disÂcharging the Rules without any order as to costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till the receipt of the copy of the impugned judgment in computing the period o...... DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowdhury vs Government of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; Un..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....of limitation is a belated one and without any basis. 15. It appears from the judgments of the Courts below that the pre-emptee persistently raised claim that he being co-sharer in the case holding the preemptor was not entitled to maintain the preemption case but as already observed ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....ly upon misreading and misappreciation of evidence though plaintiff proved his case by the evidence of witnesses, that the High Court Division failed to exercise its revisional jurisdiction in not holding that the appellate Court misread and mis-appreciated the evidence of PW 2 and the evidence ......rice claimed by Abdur Rashid, that in due course plaintiff purchased stamp for drawing up the deed but day following the collection of the stamp, Abdur Rashid became ill and after two months he recovered and on March 8,1995 upon accepting the price claimed by. Abdur Rashid executed the deed of s..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....6. Leave was granted to consider the submissions of the learned Counsel appearing for the petitioner that the High Court Division misread and misconstrued the annexures filed by the respondents in holding that the petitioner is an employee of respondent No. 2 and not of respondent No. 1 and, as ...... Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....nsideration of the existing voter list or, in other words, Election Commission upon additions, deletions and modifications of the existing voter list will prepare the voter list for the purpose of holding the ensuing parliamentary election. In the instant case the Election Commission (the Commis...... No. 55 of 2006 Mr. M A Jalil MP moved the High Court Division for almost, similar reliefs adding thereto some other prayers challenging appointment of Upazilla Election Officers appointed by the Government through Public Service Commission, etc. 34. The aforesaid writ petitions were tak..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ion virÂtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Article 100 will stand revived along with its proviÂsion for holding of Sessions………….(419 & 420) Per M. H. Rahman, J: Thi......) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law an..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....en together. To this provision of section 6 of the Partnership Act, 1932 there are two explanations: "Explanation 1. The sharing of profits or of gross returns arising from property by person holding a joint or common interest in that propÂerty does not of itself make such persons partÂn...... Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the ap..Category: Criminal Law | Date: | Hits: 44
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... the period of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession, but on a condition for the fulfillment of which no time was set by him. The appellant is not holding over within the meaning of s. 116 T.P. Act nor is she a tenant by sufferance either. But she......iod of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession, but on a condition for the fulfillment of which no time was set by him. The appellant is not holding over within the meaning of s. 116 T.P. Act nor is she a tenant by sufferance either. But she is a te..Category: Property Law | Date: | Hits: 45
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....ection 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of poss.......1000/- in default to rigorous imprisonÂment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under secÂtion 522(1) of the Code of Criminal Procedure to hand over possession of the disputed holding to the informant party. 6. This order was affirmed, first..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....the office of the person who is indirectly elected. In interpreting section 4(3) we cannot read 'Chairman' includes 'acting Chairman'. The legislature did not say so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in......¦â€¦â€¦ReÂspondents (In Civil Appeal No. 1 of 1989). And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982),..Category: Election Law | Date: | Hits: 128
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
.... instead of considering whether the learned Advocate for the appellant was prevented by sufficient cause from appearing when the appeal was taken up for hearing dismissed the petition for restoration holding that there was no merit in the apÂpeal. 3. Upon a scrutiny of the relevant orders, it ap......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... suit was for declaration of their easement right over the suit lands and erred in law in applying of section 15 of the Easements Act. It was also submitted that the learned Single Judge erred in not holding that the suit path being a village path joining two other pathways on its two ends, no quest......fter brought the suit for easement right of pathway through the disputed property, but none of the previous owners have been examined to prove uninterrupted enjoyment of the pathway claiming no title over there. The claim for customary right must be established on cogent grounds that is long standin..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ule 7(5). Rule 9 proÂvides that the District Election Officer shall notify the days of different stages of the election subject to direction of the Election Commission. 8. Now the arrangement for holding election is set. The Returning Officer shall give a public notice in respect of each ward in...... Alam & others.............................................. Respondents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (..Category: Election Law | Date: | Hits: 165
....ction laws were however kept alive to be applicable to elections of all other members of the Parliament. The Supreme Court struck down clause (4) as grossly discriminatory.
33. Mr. T.H. Khan, in upholding the classifiÂcation as regards the local Government bodies, has placed reliance on Pakistan......r-in-charge, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqu..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....ut at the 1 hearing of the appeal Mr.T.H. Khan, learned counsel for the appellant, confined his submission to 1 only one point i.e. whether the trial court and the High Court Division were correct in holding that there existed relationship of landlord and tenant between the plaintiffs and the defend...... in lump sum. After death of AbÂdul Kader Sarder in 1956 nobody claimed ownership of the suit holding. Thereafter somebody demanded rent as representative of the heirs of late Mr. Zakir Hossain, Ex-Governor of the then East Pakistan on the plea that they exchanged their property in India with the o..Category: Others | Date: | Hits: 96
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....€™s No. 1 to 5. 4. In Second Appeal being S.A. No. 619 of 1962 the learned Single Judge allowed the appeal and set aside the judgments and decrees of the Courts below and decreed the suit in part holding that a decree be passed in favour of the plaintiff for 1/3rd of the land of the plots 832, 8......tion……(6) Solenama was given effect to and consÂtruction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Referred to- H..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Division challenging the judgment and order of the trial Court. The learned Judges of the High Court Division allowed the appeal holding that the award was void ab initio since it was made beyond the statutory period of limitat......ing aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,756.25 from the respondent. His case was that he was appointed boat carrying contractor by the Department of Food, Government of East Pakistan for the years 1962-63 and 1963-64 under the terms and conditions as set..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
..... which was the responsibility of the plaintiff and that the price of land in the locality had increased in the mean time. 4. By its judgment on December 31, 1977 the trial Court decreed the suit holding inter alia that the suit was not barred by limitation, that the plaintiff tendered the balan......¦.(13) As the plaintiff-respondents have successfully proved their readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy regarding the failure of the defendant-appelÂlants to perform their obligations within such ..Category: Civil Law | Date: | Hits: 109
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....titled to such exemption Points merit consideration." 4. Mr. A. M. Mahmudur Rahman appearing for the Revenue contended that the High Court Division erred in law in holding that the bonus shares should be treated as an investment by the assessee; (2) the bonus sha......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....d that there was no declaration from the court that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived at the finding that there was......earned Advocate for the appellant that the High Court Division erroneously held this provision to be discretionary is not based on careful reading of the High Court Division's judgment. The real controversy in respect of this provision is in which '"manner" or "form" the Court shall record a declara..Category: Procedural Law | Date: | Hits: 93
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