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Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ...... it was argued that the impugned order was not for recounting of votes but for consolidation of the results in DMA Form as submitted by the Presiding Officer in TA Form. The learned Judges took the view that the impugned order so far as it relates to the recounting of votes of Munshirhat High Sc..Category: Election Law | Date: | Hits: 125
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. ...... to the disputed poll 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..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. ...... that the Commissioner of Income Tax, East Pakistan was not the competent authority to order his compulsory retirement. 3. The trial Court found that the order of compulsory retirement was, in view of the amendment of section 5 of the Income Tax Act, illegal and accordingly decreed the suit..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. ......ent was limited to that point. We take it that the appeal has been pressed on the question of limitation only and on no other ground. 8. The question which calls for consideration is whether the view taken by the learned Judge of the High Court Division that the cause of action arose on 2.4.69 ..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ...... authorities, the complainant's party were restrained by temporary injunction from entering into the suit land which belongs to the School. The learned Judges after hearing the parties took the view that the disputed questions of fact involved in the case cannot be gone into by them at this ..Category: Criminal Law | Date: | Hits: 39
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. ......relief) but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the Code of Civil Procedure the High Court Division was corr..Category: Property Law | Date: | Hits: 35
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......d hence the Court would in equity determine the valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also r..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......har used to hold ghatu dance. These suggestions were, however, denied by the witnesses. Be that as it may, having regard to the nature of the witnesses and their testimony, we do not think that the view taken by the learned Judges of the High Court Division is in any manner perverse or totally uns..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
.... Judgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ jurisdiction. The appeal is allowed and the judgement and order of th......contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and therefore should have dismissed the writ petition. The point has substance. In view of our decision in bench cases Civil Appeal Nos. 40, 38 and 29 of 1988 we have no hesitation in..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....d and the deceased", without however giving any particulars of the disputes. But when he did not say so in his deposition his statement in the ejahar is inadmissible in evidence. The learned Judges erroneously referred to that statement in the ejahar to show that there was land dispute between the......sed in another criminal case filed by appellant Shah Alam. All other P.Ws. as suggested by the defence are bargaders of Abdul Karim and some of them had also personal grudge against the accused; in view of these facts the defence suggested that Abdul Karim Chowdhury was the main architect of this ..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. ......re not defaulters. They used to deposit rent in bank of the plaintiff with Eastern Banking Corporation (now Uttara Bank as was arranged). But suddenly the plaintiff closed her said account with a view to make the defendants defaulters in payment of rent of the suit premises. Thereafter the defen..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 ...... in two minds —'to be or not to be' — and then went to the village. There, of course, he denied when P.W.1 asked for the money but soon the teacher's unsophistication re-asserted itself, in the view of the Police, and he returned the money. What could the bank do if he had persisted in his den..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... during the commission of the robbery, and it is these arms for the unauthorised possession of which they were tried under the Arms Act, and as such the subsequent trial was without jurisdiction in view of section 403(1), Crl. P.C. This section is quoted below: "403. (1) A person who has o..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....here was an order of cancellation by the authority, that the High Court Division erred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction upon such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted th......n order of cancellation by the authority, that the High Court Division erred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction upon such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that the pla..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s and a Court guardian for the said minors having been appointed in the appellate court, the irregularity, if any, at the trial stage was cured. The learned Subordinate Judge, however, being of the view that non-compliance of the provision of Order 32, rule 3 C. P. C by the trial court was not cur..Category: Property Law | Date: | Hits: 85
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. ......found that the appellant was a defaulter within the meaning of section 7 (2) (g) of the Ordinance and accordingly the declarations as already referred to were made. The High Court Division took the view that admittedly the loan was not repaid within 27.1.88 (according to Annexure D (1) it should b..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ellants Dulu Mia and Hamidul Haque in the charge under section 302 of the Penal Code was curable under section 537 of the Code of Criminal Procedure. The appellants did not press the second point. In view of the order that we are going to make we need not examine that question. The learned Coun..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......special leave, Pre-emptees are the appellants. The question raised is whether the order of pre-emption against them, as finally upheld by the High Court Division in revision, is sustainable in law in view of the fact that a co-sharer in one of the plots of the holding transferred was not impleaded i..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... in Criminal Revision No. 787 of 1974) Judgment Kemaluddin Hussain CJ.- Leave was granted to consider the question of interpretation of section 494 of the Code of Criminal Procedure. In view of two decisions by this Division, one in the case of reported in (1978) 30 DLR (SC) 228, Baksh..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......kistan in the case of Keramat Ali Vs. Muhammad Younus Haji PLD 1963 (SC) 191=15 DLR (SC) 120. This Division in the case of Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311 has fully concurred with the views of the Privy Council and, the Supreme Court of Pakistan and therefore in this particular cas..
Category: Property Law | Date: | Hits: 36
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