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Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....lt, therefore, 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) 120.......wise pecuniary interest in the affairs of the Upazila Parishad, and as such he has got no authority to hold the office." 18. In view of this pronouncement it is not necessary to consider any other decision. But a ques­tion of liability of partner has been raised. The case of Australasia Bank Ltd..

Category: Election Law | Date: | Hits: 134

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

....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. ...... filed further appeal before the Income Tax Appellate Tribunal which was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appl..

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

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

....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ....... (2) A person in the service of the Republic or of any statutory public authority may make an application to an Administrative Tribunal un­der sub-section (1), if he is aggrieved by any order or decision in respect of the terms and con­ditions of his service including pension rights or by any ..

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

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

....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. ......cquisition of their land was illegal and invalid. Thus while it will be necessary to recount briefly all the facts for a proper appreciation of the plaintiffs' case (and of the defen­dants also) the decision will turn only on one ques­tion, namely, whether the acquisition of the plain­tiffs' land..

Category: Property Law | Date: | Hits: 38

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

....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......d within its jurisdiction under Rule 70 of the Union Parishads (Election) Rules, 1983 and directed for re-election in this case. In the facts and circumstances of the case and in view of this Court's decision dated 19th Feb­ruary, 1989 in Civil Appeal Nos.40, 38 and 29 of 1988 with Civil Appeal Nos..

Category: Election Law | Date: | Hits: 111

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

....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. ......ul order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour giving rise to a cause of action for mandatory injunction and finally concluded- "Notwithstanding the decision in this suit I shall expect that the suggestion of the District Judge will be given due con..

Category: Property Law | Date: | Hits: 30

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

....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. ......angle namely, ex­penses incurred by the defendants "without consider­ing that if a market is constructed the entire educa­tional atmosphere of the school will be destroyed as such the High Court's decision is erroneous in this regard and the High Court Division without proper application of mind ..

Category: Civil Law | Date: | Hits: 130

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

....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. ......983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power ..

Category: Election Law | Date: | Hits: 125

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

....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.......ite finding as to whether summons was served upon the defendant-appellant, the learned Judge of the High Court Divi­sion ought to have either remanded the case or exam­ined the record himself for a decision as to alleged non-service of summons. He also submitted that in­terference in revision bei..

Category: Procedural Law | Date: | Hits: 88

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

....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. ......the learned Judge and a final order having been passed ex parte on the application of respondent No.1 the learned Judge has not had the occasion to know about the same. It has been held in an earlier decision of this Division that such ex parte final order should not be passed as it violates a princ..

Category: Procedural Law | Date: | Hits: 94

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

....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. ...... the High Court Division ought not to have interfered in the matter. 4. We find substance in the contention of the appellant. In the facts and circumstances of the case and in view of this Court's decision dated 19th Feb­ruary, 1989 in Civil Appeal Nos. 40, 38 and 29 of 1988 with Civil Appeal No..

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. ......al without taxing into consideration exhibit. A order of the government of Pakistan directing the Commissioner of Income Tax to retire the respondent consequent on rejection of his appeal against the decision of the Screening Committee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Addi..

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. ......e plaintiff can wait indefinitely and in that case the law of limitation will be frustrated. This could not have been the intention of the legislature. In this connection, Mr. Pal has referred to the decision in the case of Khan Sher Dil Khan Vs. Sir Abdul Wadud 7 DLR (FC) 170. 13. Mr. Islam has ..

Category: Procedural Law | Date: | Hits: 132

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

.... 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. ......b­it 2. In this view of the matter the suit was dis­missed. 4. The plaintiffs then filed appeal being O.C. Appeal No.28 of 1969. The learned Additional Dis­trict Judge, Mymensingh concurred the decision of the trial court and accordingly dismissed the appeal. 5. Now the second round. The pl..

Category: Property Law | Date: | Hits: 35

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

....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. ...... Division after hearing the parties made the Rule absolute and set aside the Election Com­mission's order with significant observation "that the rights of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel ap­pearing for the appellant, contended tha..

Category: Election Law | Date: | Hits: 115

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

.... 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 ......t the prosecution case and lend support to the defence case so as to render the defence version a possible one", a demand for re­opening the whole matter is unjustified. 27. In the light of these decisions I have ex­amined the prosecution case vis-a-vis the defence ver­sion of the case and I f..

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. ......d." 5. In this view of the matter, the Rule was made absolute and the judgment and orders of the courts below were set aside. 6. Leave was granted to consider the question of correctness of the decision of the High Court Di­vision. 7. It is not necessary to go into the facts again. In the ..

Category: Criminal Law | Date: | Hits: 47

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......sty but the moment he saw the excess money and even then decided to walk out with the same the mens rea must be attributed to him from then on. He came by the money in good faith but subsequently the decision to appropriate the excess money to his own use makes it culpable, that is to say, he dishon..

Category: Criminal Law | Date: | Hits: 44

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

.... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... have statutory provisions deal­ing with the conduct of an election, the writ of quo warranto is displaced. An election then can only be challenged in the manner laid down by the Statute. The Bombay decision was followed by Patna High Court in AIR 1961 Patna 475 (Sukedeo Narayan V. Mahadevananda). ..

Category: Election Law | Date: | Hits: 130

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....om courts situated with­in territorial jurisdiction of one permanent Bench to that within territorial jurisdiction of another Perma­nent Bench. He took several adjournments so as to see whether any legislative provision could be made but ultimately he has informed us that there is no such possibil......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110