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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... for guide-line for the Returning Officer especially when a nomination paper is to be rejected. Rule 16 provides for an appeal against reÂjection of nomination paper to the Nirbahi Officer or to the Deputy Commissioner and the decision in such appeal is final. Rules 17 to 20 provide for withÂdrawa......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ess without the permission of the Government……………………(7)  Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; PaÂkistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud......6 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; PaÂkistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidulla..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH Rahman J ATM Afzal J Gopal Chandra Shah..................Appellant Vs. The Deputy CommissionÂer, Sunamganj & anr.....Respondents Judgment January 11, 1989 The B...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......s also Reported in: 41 DLR (AD) (1989) 60. ......ah..................Appellant Vs. The Deputy CommissionÂer, Sunamganj & anr.....Respondents Judgment January 11, 1989 The Bengal Excise Act, 1909 (V of 1909), section 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 2..Category: Others | Date: | Hits: 125
....llant.
T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9
M. Nurullah, Attorney General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record— For Respondent Nos......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr......ord. — For the Appellant.
T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9
M. Nurullah, Attorney General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Recordâ..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....ting the plaintiff to the post of Assistant Secretary from that of the DepÂuty Secretary of the Bangladesh Sericulture Board, Rajshahi was illegal, void and without jurisdiction and he was still the Deputy Secretary of the said Board. The plaintiff prayed for an order of temporary injunction restra......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, A......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......d this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the wi......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......pellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Practice and Procedure The Code of...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....of the Penal Code.………….(9) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record, —For the Appellant. Syed J. R. Modassir Hossain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record — For the State. Crimin......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ...... Miah alias Lalu........................Appellant Vs. The State...................................Respondent Judgment September 2, 1987 The Penal Code, 1860 (XLV of 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim afte......e.………….(9) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record, —For the Appellant. Syed J. R. Modassir Hossain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record — For the State. Criminal Appeal No. 28..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......med J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. ......t Trust is also responsible for the same because admittedly the defendant No. 3 kept these 3337 bags in shed No. 5 on a rental basis at its own risk and responsibility. As per Rule 122 of the General Rules and Schedules for working of the Chittagong Port (Railway Jetty) 1959 the Port A..Category: Civil Law | Date: | Hits: 89
....
Badrul Haider Chowdhury, J.—This appeal is directed against the judgment of the
High Court Division, Dhaka Bench in Criminal Appeal No. 307 of 1983.
2.
Appellants are the Deputy General Manager (Admn) and Assistant Manager (Admn)
of the Milk Producers' Union which sale ......t, therefore, this appeal is allowed and it "is remanded to the High
Court Division for disposal in accordance with law.
Ed.
This Case is also Reported in: 37 DLR (AD) (1985) 38.
......cers’ Co-Operative Union Ltd. ...............Respondent
Judgment
June
3, 1984.
The Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of
1969), sections 36 and 36 (3)
The
Labour Court has the same process as are vested in the Magistrate, Firs...... Badrul Haider Chowdhury, J.—This appeal is directed against the judgment of the
High Court Division, Dhaka Bench in Criminal Appeal No. 307 of 1983.
2.
Appellants are the Deputy General Manager (Admn) and Assistant Manager (Admn)
of the Milk Producers' Union which sale of milk..
Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......on proceeding is obvious since he raised no objection with regard to it at any stage of the case………………..(13) Reading article 3 in the First Schedule and section 28 of the Arbitration Act together it would appear that the parties are free to enlarge....... 180; Ganesh Chandra Misra vs. Artatrana Misra, AIR 1965 Orissa 17; Md. Ismail Serang vs. Munshi Ali Hussain (1954) 6 DLR 641. Lawyers involved: A.W. Bhuiyan, Additional Attorney General (B. Hossain, Assistant Attorney General with him) instructed by A. W. Mian, Advocate-on-Rec..Category: Civil Law | Date: | Hits: 111
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ...... Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of la......ur Jute Mills Ltd. and these three were taken as a until of Bangladesh Jute Mills Corporation. Each of these Jute Mills Ltd. however, retained their separate entity and corporate character. Only a General Manager was appointed for administrative purposes and economic reasons for the su..Category: Employment/Service Law | Date: | Hits: 92
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees.......ecord—For the respondent No. 1. Rafique-ul Huq, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For Respondent Nos. 3-5. A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record —For Respondent Nos. 6-8. Civil ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....s are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide......ty under section 147 and the order of sentence is modified accordingly……………(9 & 10) Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. Rafiqur Ra..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... plaintiff appellant has been residing there by paying rent and taxes. Plaintiff appellant Geeta Rani Dasi received a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned prop......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ...... Lawyers Involved: Mohammad Roushan Ali, Advocate instructed by A. N. M. Manzurul Hasan, Advocate-on-Record —For the appellant. A.W. Bhuiyan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record —For the Respondent. Civil ..Category: Property Law | Date: | Hits: 112
Golam Ather ChowÂdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc......cannot be challenged in appeal or revision…….(7) Though the word 'Official mutawalli’ has been used in 'singular', yet this expression includes its plural also under the General Clauses Act. So instead of one person being appointed Official mutawalli, a Committee of fi..Category: Trust/Waqf Law | Date: | Hits: 196
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......rom income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored…………..(13 an......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of BanglaÂdesh & others, 1984, 13 CLC (AD)
....nder section 3 of the Emergency Requisition of Property Act, and possession was taken on 8 March 1961 for construction of WAPDA Colony. SubseÂquently, the land was acquired on 1 NovemÂber 1968. The Deputy Commissioner, Rajshahi, assessed compensation at Tk. 41,053.03 paisa, the rate of which comes...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuÂation of the year 1962 would cause subÂstantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of act......al No. 60 of 1983 to examine whether the assessment as finally made by the learned Single Judge was in accordance with the law governing the subject. 4. Mr. B. Hossain, learned Assistant Attorney-General, has contended that comÂpensation should be assessed on the average value of land during th..Category: Property Law | Date: | Hits: 42
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....ing received no reply the appellant filed Writ Petition No. 300 of 1977 which was, however, subsequently withdrawn to make further efforts for the release and restoration of property. The Deputy Commissioner, Dhaka, who is the prescribed Authority held thorough enquiry, inspected releva......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......mdash;For the appellants. Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Respondent Nos. 2-4. Civ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacaÂted and the suit will now proceed in accorÂdance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... The order of abatement is vacaÂted and the suit will now proceed in accorÂdance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......ant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Ri......lved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on Record—For the appellant, A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the respondent. Civil Appeal No. 14..Category: Property Law | Date: | Hits: 38
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