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Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

....int though not of suit is not allowable. The learned Advocate also referred to another case M/s Bangladesh Rubber Industries Vs. Lutfunnessa reported in 1983 BLD (AD) 220 where their Lordships of the Appellate Division have held that before allowing prayer for amendment it is to be seen whether the ......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...

Category: Property Law | Date: | Hits: 79

Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)

....) of the said rules for the failure of the election authority to give 15 day’s notice before the date of election. In the case of Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180 our Appellate Division, on a reference to the provisions of Rules 6, 9, 26 and 29 of the Union Parishads......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......evision No.1691 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule is directed against the judgment and order dated 12.8.90 passed by the learned District Judge, Comilla in Election Tribunal Appeal No.2 of 1989 which modified those dated 29.5.89 passed by the Election Tribunal (Ass..

Category: Election Law | Date: | Hits: 129

Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)

....missed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......f 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellan..

Category: Criminal Law | Date: | Hits: 75

Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)

....it the duty in proper cases to make such orders for staying proceeding will prevent the appeal if successful from being rendered nugatory”. The above quoted observation made about the power of the Appellate Tribunal is not also directly on the point. In the case of Polisetti Narayana Rao it has b...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115......., let us consider the contentions argued at the Bar. The case of Puran Mal Kauntia is not directly on the point. That was a case for staying further proceeding of a case pending before the AAC by the Tribunal where the appeal was preferred from the order of the AAC. The Tribunal rejected the applica..

Category: Fiscal/Taxation Law | Date: | Hits: 98

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....th this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..

Category: Criminal Law | Date: | Hits: 89

Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....f the Union Parishad on 19.3.72 was marked as Ext. 2 and the Ext. 3 is the order passed in the salish. The suit was decreed by the Trial Court and on being aggrieved the defendant went to appeal. The Appellate Court dismissed the appeal on contest and thus the judgment of the decree of the Trial Cou......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...

Category: Property Law | Date: | Hits: 74

Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)

....ssed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...

Category: Property Law | Date: | Hits: 69

Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

....ional points merely as matters of academic importance, that in the case of Dr. Nurul Islam Vs. Bangladesh, reported in 33 DLR (AD) 201, it was observed by K Hossain, CJ delivering the judgment of the Appellate Division as follows: “As regards the constitutionality of the section aforesaid we li......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..

Category: Criminal Law | Date: | Hits: 71

Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)

....ordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..

Category: Employment/Service Law | Date: | Hits: 175

Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......erred to- K Kemaraja Nadar Vs. Khunju Thevar and others, AIR 1958 (SC) 687=1959 SCR 583; Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore, 1964‑3 SCR 573; Ch. Subbarao Vs. Member, Election Tribunal, Hyderabad (1964) 6 SCR 213. Virjiram Sutaria Vs. Nathalal Premji Bhavadia and others, 1969..

Category: Election Law | Date: | Hits: 130

Kadu and others Vs. State, 1990, 19 CLC (HCD)

.... wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..

Category: Criminal Law | Date: | Hits: 74

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....ndant No. 1 with respect to 0. 12 acres of land holding, inter alia, that the contract in question was legally proved against the defendant No. 1. 7. On the appeal taken by the defendant No. 1 the Appellate Court below has reversed the decree and dismissed the suit holding that the plaintiff coul......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..

Category: Property Law | Date: | Hits: 64

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....e and others, wherein a Chairman of the Union Parishad was suspended, in view of the provision of section 77 (1) of the Local Government Ordinance XC of 1976. Their Lordships of the Full Bench of the Appellate Division in that case held that the criminal proceedings against the Chairman must of nece......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......en he did not comply with the direction given by the local Sub‑Divisional Officer to surrender his licensed revolver within 24 hours. Such rivalry ultimately culminated in his conviction in Special Tribunal Case No. 11 of 1986. In appeal, preferred there against, he was however acquitted by the Hi..

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..

Category: Property Law | Date: | Hits: 78

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....rit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....peal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....he judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....nd therefore in our view after exhausting all available remedies before the administrative authorities including administrative appellate authority, the Administrative Tribunal and the Administrative Appellate Tribunal, the petitioner can then alone attempt to move this Court for enforcement of the ....... Mr. AF Hasan Ariff, the learned Deputy Attorney General draws our attention to Article 102 (5), Article 117 and Article 152(l) of the Constitution and submits that as the Parliament has enacted the Administrative Tribunal Act, 1980. (Act VII of 198 1) no Court including the Supreme Court can enter......Ariff, the learned Deputy Attorney General draws our attention to Article 102 (5), Article 117 and Article 152(l) of the Constitution and submits that as the Parliament has enacted the Administrative Tribunal Act, 1980. (Act VII of 198 1) no Court including the Supreme Court can entertain any procee..

Category: Employment/Service Law | Date: | Hits: 79

Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)

....y his judgment and order January, 1988. 5. Against the aforesaid judgment and order the accused persons preferred Criminal Appeal No. 11 of 1988 before the Sessions Judge, Manikganj. But the lower Appellate Court also confirmed the judgment and order of conviction by the judgment dated April 11, ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..

Category: Criminal Law | Date: | Hits: 73

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....Subordinate Judge by his order dated 9.6.87 rejected the application With the observation, inter alia, that he had no jurisdiction to change in any way the order of temporary injunction passed by the Appellate Court. 9. Against the order dated 9.6.87 the plaintiffs filed Miscellaneous Appeal No. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..

Category: Procedural Law | Date: | Hits: 84