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Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....ommission, and, thereafter, the direction for re-election was passed by the Election Commission. It is further contended by the appellant that as there were contradictory reports with regard to the disputed poll the High Court Division ought not to have interfered in the matter. 4. We find subs...... April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the returning ..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....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. ....................Respondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was i..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....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. ......arred by limitation. 6. Leave was granted to consider whether the issue as to limitation was correctly decided by the High Court Division and further whether the High Court Division was wrong in holding that the vesting of the suit land in the Custodian of the Enemy Property did not authorise..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
.... criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offence or the proceeding is barred by any law. Where disputed facts are involved evidence will be necessary to determine the issue………(4) Lawyer......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 ......iginal Order No. 18 of 1986 with Civil Rule No. 55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I.E. for opening the letter of credit is a security and w..Category: Banking Law | Date: | Hits: 99
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....t of land of Schedule 'A' to the plaint and to allot a saham of 1062-1/2 acre to the plaintiff only out of the said demarcated area of .2125 acre and dismiss the suit with regard to the rest of the disputed Plot No. 1162." 6. It may be stated at the outset that the objection as above was not ......ent and decree dated 23.6.79. On appeal by the defendant-appellants, the High Court Division, Dhaka by the impugned Judgment and decree dated 22 March 1984 modified the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" schedule property on..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....stranger-purchaser of a portion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead from the landlords. Subsequently Nadu Shah atone took lease of the northern half....... of the trial Court as to defendant No. 1's share. He observed: "The present suit land is no doubt homestead land but is not a dwelling house of an undivided family". He allowed the appeal in part by holding that defendant No. 1 was not a stranger and he was already in possession of a specific por..Category: Property Law | Date: | Hits: 45
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....hts of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and therefore should have dismissed the writ ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....y water and flanked by standing paddy crops on both sides. He was assaulted at this Bhanga from where his dead body was removed to the house of his father-in-law at about 8 P.M. These facts are not disputed. 4. The prosecution case has been given in detail by the Informant (P.W.1, Nur Ahmed),...... 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
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....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. ......been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landlord on the same terms and conditions as if interest of the original ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......uch determination it could not be said that the plaintiff was a trespasser upon the suit land merely because there was an order of cancellation by the authority, that the High Court Division erred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....iled other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who bequeathed the same to Sabitri Bala De......TM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and order dated 2 February 1988 passed by a Single Judge of the High Court Division, Chittagong Bench in revision upholding an order of remand of the First Appellate Court. 2. Facts of the case, briefly, are tha..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....consider whether in view of the alternative remedy of going to the Election Tribunal the writ petition was maintainable and whether the High Court Division, in view of the background history of the disputed loan in question acted properly in deciding a disputed question of fact under the writ juri......he High Court Division may, if satisfied that no other equally efficacious remedy is provided by law (b) on the application of any person, make an order (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold t..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....took the ballam from his wife Sahera Khatun and dealt a ballam blow on the chest of Afzal Hossain who died on the spot. 3. The defence case is that Mir Ali Khandakar, a co-sharer in respect of the disputed Plot No. 6, instituted a partition suit on 4.8.1967 against the father of Afzal Hossain...... this dastardly act. He did not move away and his wife stood by his side. They were caught by the people who came there immediately after the occurrence. In the case reported in AIR 1946 PC 45 in upholding order of conviction under section 302 read with section 34 of the Penal Code, the fact that ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
.... is included in the Khatian constituting the holding transferred. The learned Munsifs view on this point is quoted below: "But the C.Ps. contend that their father Nurul Islam is the owner of the disputed plot No. 2085 by inheritance. But co-ownership of a disputed plot without being a co-sharer......89. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a s..Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ion in the manner provided by the contract or the rules is prima facie and per se, not a punishment and does not attract the provisions of Art. 311.” The principle enunciated therein is not disputed but the facts of the present case are different. In the present case the respondent was app......nstitution have been violated. It is further contended that the learned judges of the High Court Division committed an error interpreting the provision of Article 135 of the Constitution and erred in holding that reduction in rank covers the case of the respondent. The relevant portion of Article 13..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......for the purpose of carrying the cargo from the outer anchorage to the inner port. On hearing the parties, the learned Subordinate Judge vacated the conditional order of attachment before judgment holding that as there was no statement in the application of the Respondent nor was there any materi..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....o-sharer by purchase in respect of the holding recorded in C.S. Khatian No.39 corresponding to S.A. Khatian No.34 of mouza Debnagar and that on 3.12.66 respondent No.5 Khan Brothers sold away the disputed land measuring about .90½ acre appertaining to the said holding to a stranger, namely, res...... was subsequently treated to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to S.A. khatian No.34 of mouza Debnagar, P...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......rues of the date of the registration of the kabala where registration is compulsory. As a pro-position of law, no exception can be taken to this view, but where the learned fell into an error is in holding that the pre-maturity of the cause of action, if, matured during the pendency of the proce..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......mited grounds, first, is whether section 75A and 81A of the State Acquisition and Tenancy Act in the facts and circumstances of the case is attracted, and whether the High Court Division erred in not holding that the contract was an executory contract. 9. We have heard the learned Counsel on arg..Category: Property Law | Date: | Hits: 32
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