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Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......- Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20; Chunder Dhutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207; Secretary, Ministry of IndusÂtries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requittee vs. Satya C..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declaration that he had been duly elected as Chairman of Alambiditor Union Parishad No. XI of Kishor......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......ce outside the centre. Reliance was placed on (1975) 27 DLR 307 and the learned District judge observed: ''It has been further held is the case, Imam Uddin Sarkar Vs. Election ComÂmission of Bangladesh and others, that the Presiding Officer can not take away the ballot boxes to any place ..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....s used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 1......Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......of the aforesaid Act was not obtained from the authority mentioned therein, namely, DisÂtrict Magistrate, Kushtia. The impugned order is as follows: "Government of the People's RepubÂlic of Bangladesh, Office of the District Magistrate, Kushtia. Memo No. P-III/11-85/203-C dated 16.4..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....tention, he cited a few decisions which shall be presently considered by us. Since the franchise of a market is not recognised by or under any law in force in this country, appellants cannot get such declaration from the Court. Attorney-General Bakr next subÂmitted that it is the Government alone w......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......n (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..AppelÂlants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983)...Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......hindrances in his smooth functionÂing is too much to be allowed with imÂpunity. The executive arm of the GovÂernment will not be allowed to attack and deface the honour, dignity, majesty and independence of the judicial organ of the State. If they are so allowed, then in no time the remai...... regarding these matters. This led to all kinds of pressure upon him by the appellant. On 24th January 1984, District and Sessions Judge, Rangpur forwarded the complain to Registrar, Supreme Court of Bangladesh for placing the matter before a Bench of the High Court Division, Rangpur. The Bench at R..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......others...........................Respondents Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....i Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-responÂdent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declar...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....7. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... the High Court Division (Mr. Justice M.H. Rahman) on 16th February 1982. 2. Appellants' predecessor instituted Other Suit No. 74 of 1960 in the court of Munsif 2nd Court, Sadar, Chittagong, for a declaration that the sale of Noabad jote No. 5 held by the Collector on 24th June 1953 and sold to t......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......No.3. In a suit for dissolution of marriage filed at the instance of respondent No.3, her marriage with the appellant was dissolved in June 1982. In May 1984 respondent No. 3 returned with her son to Bangladesh sad went back to Saudi Arabia keeping the boy with her relations, namely, respondent No. ..Category: Family Law | Date: | Hits: 152
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....juÂdgment and order passed by the High Court Division in Civil Revision No 1226 of 1982. 2. Government of Bangladesh is the appellÂant. Respondent Abani Kanta Chakraborty instituted the suit for declaration of his tenÂancy right in respect of the suit land contÂending that over one acre of C.......s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......ent to others who are claiming possession in the suit plot through lease from the government, the suit plot covering a large area besides the parties claim. Cases Referred to- M.H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appella..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....matter observing that he might prefer an appeal to the Chairman of the Managing Committee of the bank feeling aggrieved, he filed a suit, T.S. No 232 of 1976, in the Second Court of Munsif, Dhaka for declaration of nullity of the order of dismissal taking, among other things, the ground that he was ......rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
.... said decree as provided in Article 33 of the Shilpa Bank Order, 1972. 4. On 30th November 1979 respondent Company filed Title Suit No. 255 of 1979 in the 3rd Court of Subordinate Judge, Dhaka for declaration that the compromise was illeÂgal, null and void and was not binding upon it. Respondent......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ...... Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....laration and Registration) Act, 1973 and also under section 290 of the Penal Code. His grievances mainly were that the appellants who became owners of the Press in 1977 did not make and subscribe any declaration before the District Magistrate as required under the proÂvisions of section 4 of the af......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....phone etc., and Tk. 35,000/- as price of oil, diesel, mobil. The total amount of Tk. 47,330/- was ordered to be paid within 60 days from the of date decree. The learned Subordinate Judge also gave a declaration that the order revoking plaintiff-appellant's licence and appointment of respondent No. ......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... & Sons, deaÂler Burma Eastern Limited, Dhaka Trunk Road, Chittagong is as follows: "Dear Sir, Sub: Our filling station at Dhaka Trunk Road. In view of the fact that the GovernÂment of Bangladesh have declared you an enemy of the State and sealed all your properties, we are arranging ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the A..Category: Criminal Law | Date: | Hits: 53
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....r. Miah Abdul Gafur appearing for the defendants frankly conceded that he is in occupation of the suit premises by forcible occupation. This forcible occupation does not give him shield in a suit for declaration of title and for khas possession and mesne profit. It is well known that possÂession is......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- Abdul Quader ChowÂdhury and other Vs. The State, 28 DLR (AD) 38; Bangladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The Sta..Category: Criminal Law | Date: | Hits: 105
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81