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Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......g a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allowed the case of the appellant by its judgment and order dated 20-11-1997 holding that the appellant (applicant) filed the case within the prescribed period of 6 (six) month..Category: Administrative Law | Date: | Hits: 103
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......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..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... 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. ......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 ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......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 ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......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 ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......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..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......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..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......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..Category: Criminal Law | Date: | Hits: 44
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....ding some decisions from the Indian jurisdiction. In some of these cases tenancy was created by registered instruments and in some cases by unregistered instruments; and some of them were created for agricultural/manufacturing purposes and some for purposes other than agricultural or manufacturing p...... 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..Category: Property Law | Date: | Hits: 45
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......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..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......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..Category: Election Law | Date: | Hits: 128
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....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...... 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..Category: Procedural Law | Date: | Hits: 96
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... 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..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......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..Category: Election Law | Date: | Hits: 165
....es, the lower the income the higher the rate of compenÂsation. Munir CJ., upholding the classification obÂserved that if the Legislature once decided to abolish the system of private landlordism in agricultural land and the resources of the State were not sufficient to compensate the outgoing land......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..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......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..Category: Others | Date: | Hits: 96
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....examination that he found Yasin in a paddy field belonging to the accused. Hasu who had recently scattered paddy seeds there. Both P.Ws. 6 and 7 stated in their cross-examination that the land was an agricultural land and that Yasin had no house or homestead on that land at any time. P.W. 10 the Inv......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..Category: Criminal Law | Date: | Hits: 53
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......€™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..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......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..Category: Civil Law | Date: | Hits: 111
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