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

....er, Advo­cate-on-Record—For the Respondent. Not represented—Respondent No. 2 Civil Appeal No. 50 of 1989. (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). Judgment ATM Afzal J.- Appellant is a judgment debt......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. ..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....-Record— For Respondent No.1. Not Represented — Respondent No. 2. Civil Appeal No. 66 of 1989. (From the judgment and order dated 14th Febru­ary, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 1632 of 1988). Judgment MH Rahman J.- This appeal by special leave ......lace to another without his consent." Mr. Rafiqul Huq, learned Counsel for the Cor­poration, had placed before us the Industrial Rela­tions (Amendment) Ordinance 1989 published in the Bangladesh Gazette on November 15,1989. By that amendment the earlier provision of section 47B has been substit..

Category: Labour and Industrial Law | Date: | Hits: 111

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

.... 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. ...... be mentioned that as there was no other candidate except the appellant for the office of Chairman of the said Union Parishad, he was de­clared elected unopposed and it was published in the Official Gazette on 7.6.88. The appellant duly took oath of office and assumed charge on 4.7.88. 6. The re..

Category: Election Law | Date: | Hits: 112

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

.... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being de...... 1983 from the Secretarial of the Chief Martial Law Administrator advising them to seek relief in a Civil Court. 7. The present suit was filed on 13.5.84 stal­ing further that the defendants by a Gazette Notification NO. DA-72/71/355 dated 25.6.73 purporting to be under section 5(7) of Act alleg..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....4 against the appellants and the mother of ap­pellant No. 1-3 Begum Nurun Nahar started Dhan­mondi P.S. Case No. 38(1)84 against respondent No. 1 and others. Ultimately a Metropolitan Magis­trate, Dhaka in P. case No. 110 of 1984 convicted ap­pellants No. 1, 2 and 4 under section 427 Penal Code ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

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

.... by the High Court Division, in Writ Petition No. 316 of 1986). Judgment ATM Afzal J.- This appeal by leave is from Judgment and Order dated 13 February, 1989 passed by the High Court Division (Dhaka Bench) in Writ Petition No. 316 of 1986 discharging the rule. 2. The appellant filed the af......erfere with the impugned notification. It will be seen that section 5(1)(a) of the Ordinance under which the impugned notification was pub­lished authorises the government to publish in the Official Gazette (a) a list of buildings the possession of which has been taken as abandoned property under t..

Category: Property Law | Date: | Hits: 54

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....on-Record—For Re­spondent No. 1. Not Represented—Respondent Nos.2-4. Civil Appeal No. 22 of 1989. (From the judgment and order dated 8th January, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 264 of 1988). Judgment MH Rahman J.- This appeal is directed agains......e of the petitioner that the Presiding Officer and The Re­turning Officer after counting the votes and consoli­dating the result thereof declared him as the elected Chairman finds support from this Gazette notifica­tion Annexure-H". 4. Mr. Fazlul Karim, learned Counsel for the respondent, plac..

Category: Election Law | Date: | Hits: 111

Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)

.... Dead. Substitution exempted vide order dated 28.1.86. —Respondent Nos. 7 & 15. Civil Appeal No. 124 of 1984. (From the judgment and order dated 8.4.84 passed by the High Court Division, Dhaka in Civil Revision No. 438 of 1983). Judgment Badrul Haider Chowdhury J.-This ap­peal by......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..

Category: Property Law | Date: | Hits: 32

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

.... Not Represented. — For Respondent Nos. 2-14. Civil Petition for Special Leave to Appeal No. 109 of 1989. (From the judgment and order dated 5th March, 1989 passed by the High Court Division, Dhaka in Civil Order No. 223 of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition ......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

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....e-on-Record—For the Respondent No.1. Not Represented.—Respondent Nos. 2-4 Civil Appeal No. 11 of 1988. (From the judgment and order dated 3 March, 1987 passed by the High Court Division, Dhaka in Civil Revision No. 470 of 1984). Judgment ATM Afzal J.- In this appeal by leave, at t......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...

Category: Procedural Law | Date: | Hits: 88

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

....med J MH Rah­man J ATM Afzal J Shah Alam Mollah (Md).........................................................................Appellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal i......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

Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....rd—For Respondent No. 1. Not represented. — Respondent Nos. 2-26. Civil Appeal No. 25 of 1987. (From the Judgment and Order dated 11th De­cember, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment ATM Afzal J.- The appellants are defen­dant N......ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 94

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

....For the Respondent No. 10. Not represented. —Respondent Nos. 1—9. Civil Appeal No 25 of 1987. (From the judgment and order dated 11th De­cember, 1986 passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment MH Rahman J.- This appeal by special leave is ......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)

....ed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondents. Civil Appeal No. 160 of 1983. (From the judgment and order dated 28.3.83 passed by the High Court Division, Dhaka in First Appeal No. 40 of 1965). Judgment Badrul Haider Chowdhury J.- This ap­peal by s...... orders in connec­tion with the Screening are issued within 30th June, 1959. G.S. Choudhury, Under Secretary to the Govt. of Pakistan. Extract from Manual of Appointments and Allowances of Gazetted Officers under the Audit of the Accountant General, Bengal, Part I, Eighth Edition (Revised..

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

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

.... 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 ..

Category: Banking Law | Date: | Hits: 99

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

.... Nos. 3-6 and 10 Ex parte—Respondent Nos. 7, 8, 11-15, 18, 20-23, 23A and 25. Civil Appeal No. 46 of 1984. (From the judgment and order dated 30.10.1983 passed by the High Court Division, Dhaka in Civil Revision No. 1067 of 1981.) Judgment Badrul Haider Chowdhury J.-This ap­peal b...... 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

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

....-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent Nos. 4 and 5. Civil Appeal No. 2 of 1985. (From the judgment and decree dated 22.3.1984 passed by the High Court Division, Dhaka Bench in F.A. No. 1 of 1980). Judgment ATM Afzal J.- Contesting defendants No.1 and 3 in......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..

Category: Property Law | Date: | Hits: 32

Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)

....b Ali, Advocate-on-Record.—For Respondent No. 1. Ex-parte—Respondent Nos. 2-10. Civil Appeal No. 27 of 1988. (From the judgment and order dated 29.8.88 passed by the High Court Division, Dhaka in Writ Petition No. 376 of 1988.) Judgement Badrul Haider Chowdhury J.- In this ap­pea......Union Parishad, Upazila Trishal, Mymensingh. The Election Commission, by an or­der dated 31st March, 1988 accepted the result and is­sued notification in this regard for publication in the Official Gazette. This order was challenged by a de­feated candidate by filing the Writ Petition No. 376 of ..

Category: Election Law | Date: | Hits: 115

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

....€”For the Appellant. Abu Backkar, Advocate-on-Record.—For the Respondent. Civil Appeal No. 13 of 1986. (From the judgment and order dated 3rd April, 1985 passed by the High Court Division, Dhaka, in Civil Miscellaneous Appeal No. 191 of 1984). Judgment: M.H. Rahman J.-Appellant was......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

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....d by the High Court Di­vision in Civil Revision No. 336 of 1985. 2. Facts are simple:—Plaintiff is the appellant. She filed the suit being Title Suit No. 554 of 1978 in the 1st Court of Munsif, Dhaka against the defen­dants for ejectment from the suit shop on the ground of being defaulter and......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..

Category: Criminal Law | Date: | Hits: 47