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Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....tional Attorney-General, in­structed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal Appeal 7 of 1988. Judgement: Shahabuddin Ahmed J. — The question in this appeal by special leave is whether the bail grant­ed by the High Court Division under section 426, Cr.P.C. to......ttorney-General, in­structed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal Appeal 7 of 1988. Judgement: Shahabuddin Ahmed J. — The question in this appeal by special leave is whether the bail grant­ed by the High Court Division under section 426, Cr.P.C. to the acc..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Buil­ding Finance Corporation & another, 1989, 18 CLC (AD)

....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109.......A. Wahab Miah, Advocate with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Di­vision Bench of the High Court Divisio..

Category: Property Law | Date: | Hits: 30

Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)

....ur Rahman, Senior Advocate, instructed by A. W. Malek, Advocate-on-Record—For the respon­dent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Ves......n, Senior Advocate, instructed by A. W. Malek, Advocate-on-Record—For the respon­dent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Prop..

Category: Property Law | Date: | Hits: 75

Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)

....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..

Category: Procedural Law | Date: | Hits: 96

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....-Record —For the respondent No. 5. Ex-parte— Respondents Nos. 6, 7, 8(1) to 8 (5) and 9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two ap­peals by special leave, at the instance of the plain­tiffs, have arisen out of a judgment and decree dated 5......—For the respondent No. 5. Ex-parte— Respondents Nos. 6, 7, 8(1) to 8 (5) and 9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two ap­peals by special leave, at the instance of the plain­tiffs, have arisen out of a judgment and decree dated 5 April 1..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

....s Nos. 1, 4-8. Ex Parte — Respondents Nos. 2, 3, 9 & 10: Civil Appeal No. 9 of 1987 Judgement: Shahabuddin Ahmed J. — Plaintiffs are the appellants and this appeal has been brought by special leave to consider a question of considerable public importance. It is whether a co-sharer in......, 4-8. Ex Parte — Respondents Nos. 2, 3, 9 & 10: Civil Appeal No. 9 of 1987 Judgement: Shahabuddin Ahmed J. — Plaintiffs are the appellants and this appeal has been brought by special leave to consider a question of considerable public importance. It is whether a co-sharer in ejmali ..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....ocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No. 127 of 1984 Judgement Badrul Haider Chowdhury J. — This ap­peal by special leave is directed against the judgment in Civil Revision No. 1163 of 1978. 2. Plaintiffs ......nstructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No. 127 of 1984 Judgement Badrul Haider Chowdhury J. — This ap­peal by special leave is directed against the judgment in Civil Revision No. 1163 of 1978. 2. Plaintiffs are the ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....schedule the Election Commission may add the required number of new symbols. Then comes Rule 15 which deals with scrutiny of nomination pa­pers and provides for guide-line for the Returning Officer especially when a nomination paper is to be rejected. Rule 16 provides for an appeal against re­ject......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance 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, Pub­lic Health, Barisal Divi­sion 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......nment of Ban­gladesh on 23.1.58. At the relevant time he was working under defendant No.4, the Sub divisional Engineer (Assistant Engineer), P.H.E. Barisal Sadar (North). He filed an application for leave on medical ground for one month with effect from 21st June, 1975. The leave was sanctioned by ..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

.... 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. ...... B. Hossain, Assistant Attorney-General, instruct­ed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 59 of 1986 Judgement ATM Afzal J. — This appeal by leave is from judgment and order dated 25 August, 1986 passed by a Division Bench of the High Court ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

.... the legislature understands and correctly appre­ciates the needs of its own people and the matter should be left to it. As a general proposition this theory of legislative supremacy is established especially in a country which has a democratic tradition and its evolution over the decades. For inst...... knowledge and capacity to form a public opinion." (P-71). The same author notices- "It is argued sometimes too, that it is best to rely upon public opinion to control the legislature and to leave the electors at the polls to punish its members if they exceed their powers". The author furth..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......er, Advocate-on-Record— For the Respondents. C. A. No. 18 of 1987 Judgement: A.T.M. Afzal J. — The defendant in a suit for ejectment of monthly tenant is the appellant in this appeal by leave. 2. The suit being S.S.C. Suit No. 58 of 1979 I was decreed by the S.C.C. Judge (Sub-Judg..

Category: Others | Date: | Hits: 96

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....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......ifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte— Respondent No. 2 Civil Appeal No. 8 of 1987. Judgement A.T.M. Afzal J. — This is a defendant's ap­peal, by leave, from judgment and order dated Sep­tember 25, 1986 passed by a Single Judge of the High Court..

Category: Employment/Service Law | Date: | Hits: 89

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

..... Mahaluxmi Bank Ltd. & ors.........................Respondents Judgment June 25, 1980. The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an app...... K.A. Bakar, Senior Advocate, (A Saleque and A.W. Mallik, Advocates with him)—For the Respondent. Civil Appeal No. 160 of 1979. Judgement: Shahabuddin Ahmed J. — This appeal by special leave arises from a judgment and decree of the High Court Division in Letters Patent Appeal No. 4 of..

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 ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent No. 2. Civil Appeal No. 18 of 1985. Judgement ATM Afzal J. — This is a defendant's appeal following leave and arising out of Judgment dated 2nd August 1983 passed by a Single Judge of the High Court D..

Category: Property Law | Date: | Hits: 46

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corpora­tion, 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. ......t. On appeal the High Court Division reversed some of the findings of the trial court and modified the decree in part. 4. Being aggrieved, plaintiff-appellant moved this Court and obtained leave to consi­der whether the learned Judges acted correct­ly in modifying the decree pas..

Category: Civil Law | Date: | Hits: 89

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....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. ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)

..... Yasin, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record—For the Res­pondent No. 1. Civil Appeal No. 147 of 1983. Judgment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judg­ment and order in Letters Patent No. 7 of 1967. 2. P...... Advocate, instructed by Md. Nowab Ali, Advocate-on-Record—For the Res­pondent No. 1. Civil Appeal No. 147 of 1983. Judgment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judg­ment and order in Letters Patent No. 7 of 1967. 2. Plaintiff..

Category: Property Law | Date: | Hits: 49