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Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....…………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... common knowledge mat for non-payment of loans taken from State-owned banks, the national economy has been badly af­fected. One of the functions of Union Parishad is to help collection of government dues, rent and taxes. Besides, members of the Union Pari­shad are directly involved in financial tr..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....74 under section 66 of the Income Tax Act. 2. The appellant, namely, Comilla Electric Supply Ltd. has been carrying on the business of generating and supply of electricity under a licence from the Government in the town of Comilla. The appellant carried on business upto 31-8-63. Thereaf­ter the ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......drew the money deposited in Court as full satisfaction under the de­cree. On the other hand, it appears that the decree-holder put his objection to the application making calculation of the decretal dues at Tk. 1,07,095/00 and seeking direction from the Court to deposit the same. This indicates tha..

Category: Civil Law | Date: | Hits: 113

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

.... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

........……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....s Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....5 to the extent of 6 acres by regis­tered Sale Deeds and since then she had been enjoy­ing and performing acts of ownership and possession by residing in the house and paying rents and taxes to the Government and other local authorities. The husband of the appellant was a politician belonging to t......xecutive En­gineer, Railway Division (Building) at the instance of the Ministry of Works, On the basis of the enquiry report a demand notice was issued against the said Waheed Kamal dated 8.7.72 and rental compen­sation amounting to Tk. 2,280/- was realised from him with effect from 1.1.72 to 30.6......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..

Category: Property Law | Date: | Hits: 54

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....any openly attempting to flout the order of the Bengal Supreme Court, then it must be said that much water has flown by in the Buriganga ever since then. The country is governed by a Con­stitutional Government and the minimum norm that is expected of the persons participating in the Ad­ministratio......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..

Category: Property Law | Date: | Hits: 30

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....................Respondents Judgment March 29, 1989. Result: The petition for special leave is dis­missed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 When Government is keeping a watchful eye on the activities not only of the Managing Committee of the sch......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..

Category: Civil Law | Date: | Hits: 130

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....nt Vs. Ahmadul Hoque & others......……...........Respondents (In Civil Appeal No. 61 of 1989) Judgment November 6, 1989. Result: Both the appeals are dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civ......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..

Category: Election Law | Date: | Hits: 125

Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

.............Appellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise t......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..

Category: Election Law | Date: | Hits: 125

Nurul Islam (Md) Vs. Election Commis­sion & others, 1989, 18 CLC (AD)

.................Appellant Vs. The Election Commis­sion & others...................................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..

Category: Election Law | Date: | Hits: 114

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

.... pointed out that the Screening Committee recommended for the com­pulsory retirement of the plaintiff on the ground of his being "reputed to be dishonest". The plaintiffs appealed before the Central Government and it was dismissed. The learned Additional Attorney General placed before us the appoin......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..

Category: Employment/Service Law | Date: | Hits: 80

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....ing the period of limitation pre­scribed for any suit, the time during which the defendant has been absent from (Bangladesh) and from the territories beyond (Bangladesh) under the administration of (Government)....shall be excluded." It has been argued that in computing the period of limitation ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..

Category: Procedural Law | Date: | Hits: 132

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

....r order of temporary injunction dated 4-4-83 was passed in Title Suit No. 45 of 1983 in which, however, the complainants party namely, the Engineering Works were not a party; it was filed against the Government and the Additional Deputy Commissioner (Revenue). In Title Suit No.67 of 1969 filed by th......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..

Category: Criminal Law | Date: | Hits: 39

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ...... book. The learned counsel contended that the moot question is pending for consid­eration in the two suits that has been filed by the Appellant and the Respondent claiming and counter-claiming their dues after adjustment. The learned counsel contended that if the contention of the appel­lant that ..

Category: Banking Law | Date: | Hits: 99

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

.... was that they took lease of the suit land from the Jamindar and relied on pattannama ex­hibit 1, Amin's report exhibit 2, Dakhila Exhibit 3 series, Kabuliyats Ext. 4 and 5 in support of their case. Government contested the suit and filed written statement stating that the suit land is ‘beel’ w...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..

Category: Property Law | Date: | Hits: 35

Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)

....e medical certificate, to appear before the Court and prove the medical certifi­cate. On the same day i.e. 13.9.1983 another appli­cation was filed for time on the ground that Dr. Sai­ful Islam, a Government employee, had net been granted leave by his employer and hence he could not come to depos......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..

Category: Property Law | Date: | Hits: 38

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....acquittal. In all 11 (eleven) persons in­cluding the appellants were on trial on the aforesaid charge before the Additional Sessions Judge, 1st Court, Chittagong and all of them were acquitted. Then Government took an appeal, No.1 of 1985 un­der section 417(1) of the Code of Criminal Procedure aga...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Ext......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41