Search Options
Judgment Advanced Search
Displaying 5061-5080 of 5867 results.
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
..... Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (A......aper in space being earmarked for only one Candidate "Double marks' indicating a vote for more than one candidate where only one candidate is to be elected is such a glaring defect that cannot escape notice of the parties their representatives in whose presence ballot-papers are counted. Had 68 ball......wn and their secrecy should not be infringed by reopening the sealed packet unless the recounting becomes indispensably necessary to determine the dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....icer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to be decided on its own merit. The order that election of the returned candidate is void and the petitioner has been duly elected, passed by the Tribunal and affirmed by the le......accordingly, respondent No. 1 was declared elected as Chairman of, the Union Parishad. 3. The appellant then filed the election petition before the Election Tribunal and the Tribunal found that no notice to recount the votes was given to the appellant and these votes were recounted at a piece 15 ......the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed 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 declar..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....cord—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order dated 30 October, 1983 passed by the High Court Division, Dhaka, to Civil Revision No. 242 of 1983.)......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to ra..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....For the Appellant. A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hussain, Advocate-on-Record—For the Respondents. Civil Appeal No. 61 of 1985. (From the Judgment and Order dated 22 5 85 passed by the High Court Division, Dhaka, in Writ Petition No. 113 of 1985.) Judg......horized to perform the function of the District Magistrate under Section 12 of the aforesaid Act. Lastly, he mentioned that the impugned order was also liable to be struck down for want of show-cause notice, that is, for the violation of the long established principles of natural justice. 8. So f...... The General Clauses Act, 1897 (X of 1897), section 19 Words 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..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
.... For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dhaka Bench in Writ Petitions No. 253 of 1985 and fr......tty, Submitted written statement on 5.1.85. 3. Opposite party Nos. 1 to 4, 13 and 14 filed Criminal Motion No. 49 (1) of 1985 before the learned Sessions Judge Pirojpur. The learned Sessions Judge noticed that the first party mentioned two date of commence i.e. 17.7.84 and 4.11.84. That was a MR.......rcise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawing up proceeding under section 145 of the Code was moved on 6.11.84. On the same date the..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....essions Case presupposes the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed ......y similar to the facts of the instant case and the argument raised in that-case being the same as in the present case albeit on the basis of section 6 of the General Clauses Act, it will be useful to notice at this stage the principles and consideration which weighed with the Supreme Court in hold......sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record—For the Respondent (In Civil Appeal No. 164 of 1983). Civil Appeal Nos. 63 & 164 of 1983. From the Judgment and Order dated 27.6.83 passed by the High Court Division, Dhaka in Civil Revision Nos. 103 & 153 of 1983......., Tangail. Sub: Petition of Md. Baher Ali Khan of Tebaria, P.S. Nagarpur. Ref: His Memo No. 523-SA dated 1.3.71 This is to report that I enquired into the matter locally on 25.4.71 after notice fiction of both the parties. I visited the new established bazar at Salimabad mouza and als......ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....nior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 893 of 1981......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unl..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
..... 13 & 14 (In Civil Appeal 53 of 1985), respondent No. 5 (In Civil Appeal No. 54 of 1985). Civil Appeal No. 51-54 of 1985 with Civil Petition No. 140 of 1985 (From the Judgment and Orders dated 16.5.85. 21.5.85, 25.4.85 passed by the High Court Division, Dhaka and Rangpur in Writ Petiti......y, if it thinks fit, recall and examine any of the witnesses already examined. 29. Trial of election petitions.-(1) An Election Tribunal shall, upon receipt of an election petition, gives notice thereof to all the contesting candidates at the section to which the petition relates. ......d Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is available to a person for challenging the order passed by..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
...., Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Judgment ......fendant was not the legitimate son of Amir Ali. The Appellate Court below further found that there was no proof of marriage of Amir Ali Mia with Monowara Khatun. The appellate Court below further noticed that as far back at 1965 defendant No. 1 could not give the name of his mother or the place......tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent 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 ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....llants. B. N. Chowdhury Advocate, instructed by Md. Shamsul Haque Siddique, Advocate-on-Record —For the Respondent Nos. 1-3. Civil Appeal No. of 155 of 1983. From the Judgement and decree dated 15. 3. 83 passed by the High Court Division, Comilla Bench, in SA No. 394 of 1967. Judgment......arly decreed by the court." There is no hesitation in saying that the Appellate Court below erroneously interpreted the law and the law is that the decree shall agree with the judgment. It has been noticed by both the Appellate Court and the High Court Division that the learned Munsif excluded t...... 1967. 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...Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... Advocate (A. J. Mohammad Ali, Advocate with him) instructed by Mr. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent. Civil Appeal No. 33 of 1984. (From the Judgment and Decree dated 16.2.82 passed by the High Court Division in Second Appeal No. 45 of 1963.) Judgment: Fa......, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale wa......d no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....e, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 ...... in the First Court of Munsif, Noakhali, for realisation of arrears of rent from January 1972 to October 1973 at the rate of Rs. 45/- per month and also for eviction of the defendants tenants on whom notice of eviction was already served under section 106 of the Transfer of Property Act. 3. Defe......order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent Nos. 5 & 6. Civil Appeal No. 166 of 1983. (From the judgment and order dated 13th April, 1983 passed by the High Court Division, Dhaka, Beach in Civil Revision No. 1226 of......ismissed the suit. 5. The appellate court below on the analysis of the evidence found that the plaintiff was in possession of the suit land from 1927 Ext.1 jute licence was considered and it was notice “unless the land was in possession from before 1949 it can not be used for cultivation of......i Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from befo..Category: Property Law | Date: | Hits: 37
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....ate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 37 of 1985 (From the Judgment and order dated 17-1-83 passed by the High Court Division, Dhaka in Death Reference No.9 of 1980 and Criminal ......lied its mind to this question, nor did they sift the evidence nor make critical analysis of it. Even glaring inconsistent statements of P.W. 1 vis-a-vis his ejahar on material points escaped their notice. The First Information Report was lodged ten hours after the incident—whereas it could ha......ed. Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be t..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....ddin Ahmed, Senior Advocate (Shah Abu Nayeem, Advocate with him) instructed by Abu Backkar, Advocate-on-Record—For the Respondent. Civil Appeal No. 106 of 1984 (From the Judgment and Order dated 9.7.84 passed by the High Court Division, Dhaka Bench in Civil Revision No. 412 of 1983). J......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......gment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject m..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....rd—For the Appellant. Chowdhury Ramzan Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record —For the Respondent. Civil Appeal Nos. 115-119 of 1984. (From the Judgment and Order dated 8.1.84 & 10.1.84 passed by the High court Division, Dhaka in Application Nos. 6, 7, 8, 9 a......lants Vs. M/s. Mallick Brothers ..........................Respondent Judgment December 11, 1985. Result: The appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuat...... Vs. M/s. Mallick Brothers ..........................Respondent Judgment December 11, 1985. Result: The appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....For the Respondent. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record. —Amicus curiae. Criminal Appeal No 1 of 1983. (From the Judgment and Order dated 22.7.84 passed by the High Court Division, Dhaka in Criminal Revision No. 91 of 1984.) Ju......ce the facts involved in this present case are dissimilar. 19. We have been unable to find out any reservation providing different treatment of offences created under the aforesaid Act. As already noticed, neither any officer has yet been appointed to carry out the purposes of the Act; nor an......han the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attract..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 2. Ex-parte—For the Respondent Nos, 3 & 4. Civil Appeal No. 101 of 1984. From the Judgment and Order dated 7th & 8th December, 1983 passed by the High Court Division, Chittagong in First Appeal N......The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement b......ent between the Appellant and Respondent and such act is reprehensible………(27) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respon..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....r the Appellant. M. Moazzem Hossain, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on- Record—For the Respondent Criminal Appeal No. 7 of 1984. (From the judgment and order dated 29.8.83 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 205 of 1980.) ...... appellant or his pleader has had a reasonable opportunity of being heard in support of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the...... respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali Vs State (1968) 20 DLR (SC)..Category: Criminal Law | Date: | Hits: 62
16241623162216211619161816171616161416131612161116091607160516041603160116001598