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Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Farid Mia (Md.)......................................Appellant Vs Amjad Ali (Md.) alias Mazu Mia and Others...............................Respondents Judgment April 2, 1989. Result: Th...... only when the said person actually assumes that office or purports to do the same. In the present case, the day when the writ petition was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to t..Category: Election Law | Date: | Hits: 130
....ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme......s an act of trespass into his land and they found place in the plaint. But in framing the plaint it was so done as a suit for injunction. The amendment is more a rearrangement of the facts in their proper perspective and making a prayer for appropriate relief. Apparently, adding of a Schedule an..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....Case is also Reported in: 31 DLR (AD) (1979) 127.......learned Judges of the High Court Division. If so the plea of administrative convenience does not stand. It appears that the appellant was bent upon to take action against the respondent without any proper cause. In our view the respondent held his office substantively in the temporary cadre and he..Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....Case is also Reported in: 31 DLR (AD) (1979) 119. ......he learned Counsel has pointed out that the Supreme Court of India in the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration was perverse. We have great doubts whether the principle, as has been enunciate..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......arned Judges of the High Court Division allowing pre-preempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper appreciation of the question relevant sub-sections of section 96, that is, sub-section (1),..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44......tion submitted charge sheet against the respondents. In the affidavits it was stated, inter alia, that the stock of whisky and cigarettes carried by vessel were not cargo duly loaded and supported by proper shipping documents but were meant for smuggling purposes; and that none of the cargo was me..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ami Jute Mills and demanded grant of bonus to the labourers. When the manager of the said Mills expressed his inability to accept the demands, his residence was brick-batted causing damage to the properties. "That you organised a large number of J.S.D. public meetings within the area of al..Category: Constitutional Law | Date: | Hits: 408
....lved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgmen......he Martial Law Regulation, I submit sincerely and honestly that if the amount with my wives and children grown as reserve which I give below is declarable and taxable, it may be treated as deemed proper. The amount is Rs. 1,30,000/- (Rupees one lac thirty thousand) only.”
3. In continuati..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru......ongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statem..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
...., Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ......he aforesaid amount from date till realization. 9. In the fact and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper consideration of the materials on record arrived at a correct decision. We find no cogent re..Category: Employment/Service Law | Date: | Hits: 82
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Firozul Islam and others.................... Petitioners Vs. Md. Helalul Islam and others ..............d, fraudulent and not binding upon the plaintiff alleging, inter alia, that the parties were closely related to each other being brother and sister and for convenient possession of their inherited properties there was a deed of partition amongst them and accordingly the plaintiff (a pardanashin ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ......ad Roy Chowdhury and others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but because of the..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200......espondent by filing affidavit-in-opposition contested the Rule contending, inter alia, that the writ-petition was not maintainable as it relates to service condition of the writ-petitioner and the proper forum was the Administrative Tribunal. It was also contended that no formal decision was tak..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....is no order as to cost. Ed. ......urt held since defendants' documents namely, Heba deed, the kabuliyat and the CS khatian prepared in the name of Rahim Boksha Bepari, RS Khatian and other papers, were not discussed extensively and properly by the trial Court, as such, for proper adjudication of the dispute of the parties it wou..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
.... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment ......f accused Abdul Quayum dated 13-4-2005. The action of the learned Magistrate is malafide and it, in fact, leads to the malafide intention of the prosecution to throttle the proper investigation of the case. 12. The learned Counsel thereafter, submits that the case ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represented by the Secretary, ......dule is not capable of absorbing temporary Articles of the Constitution itself, (iv) Insertion of the residual period of this Parliament in the Fourth Schedule is, therefore, inappropriate, since its proper place is within the main body of the Constitution itself; (v) that the impugned paragraph 23(..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment &nbs......f the respondent No. 2 was redundant as it has no relevancy with the subject matter of the rules so framed. It appears that the High Court Division did not consider the materials on record in their proper perspective and accordingly, arrived at an erroneous decision which calls for an interferen..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C...... divergence of views between the Chief Election Commissioner and the two other Commissioners regarding interpretation of the law, the respondents had to take shelter of the High Court Division for proper construction of the provisions of the Ordinance of 1982 and the Rules fram..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ......me shareholders of the Company. The Company had been carrying on its business in the name and style (1) Bangladesh Paper Converting Works and (2) Farough Industries and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhak..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea...... the effect of the legislation (1899 A. C. 580 relied on) for that purpose the Court must take into account any public general knowledge of which the court would take judicial notice and may in a proper case require to be informed by the evidence as to what the effect of the legislation will b..Category: Constitutional Law | Date: | Hits: 1934
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