Search Options
Judgment Advanced Search
Displaying 5841-5860 of 7097 results.
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....te by the election Commission. At this stage the election in each of these three Unions was challenged by the three separate writ petitions, as mentioned above, taking the ground that the mandatory provision in Rule 6 which requires publication of the list of polling stations at least fifteen days......e of place. The High Court Division after hearing the parties discharged the Rules. We granted leave on the same grounds as were agitated in those petitions and, in addition, a ground for malice in law was included, that is, whether the Returning Officer acted in willful disobedience of the Electi..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... the argument was that the appellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contention and held that the "action of the appellant in this case..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....order of the High Court Division in Writ Petition No. 50 of 1985. 2. Leave was granted to consider the contention that the notification under section 19 of the Customs Act is always subject to the provision of section 30 which will prevail over the Notification issued under section 19 of the Cu...... sought to be given by the Collector of Customs of section 30 of the Customs Act was not tenable. Rule was accordingly made absolute and leave was granted as aforesaid for considering the points of law involved under the Customs Act. 7. To follow the matter chronologically few dates are importa..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....Tribunal focussed the point by observing— "It may be mentioned here that Income Tax Act deals with exemption of tax in different sections on various subject matter. In this connection provision laid down in section 16 of the I.T.Act will put an end to the controversy on the point......t cannot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In th..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......riminal Procedure then an order for writing a proper judgment may be necessary and desirable, but ordinarily when the entire matter is open to the first appellate Court and it is required under the law for that court to assess the evidence independently and to record its own findings then merely b..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....50, but the appellant's possession will be treated to be continuous from 1934 to 1950 in view of section 88 of the Non-Agricultural Tenancy Act, 1949 which is as follows: "88. Application of the provisions of the Act to all pending suits, appeals and proceedings and unexecuted decrees, for ej......ambit and protection of section 7(2) of the Non-Agricultural Tenancy Act, 1949, which is as follows: "7. Incidents of certain Tenancies. — Notwithstanding anything contained in any other law for the time being in force or in any contract. (1)..........................................Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......y for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of e..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... 2nd live stock development projects since 1977 and were guided by recruitment rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with the provision of Non-Gazetted Employees (Dept. to livestock Service) Recruitment Rules, 1985 and that i......urt Division do not call for any interference. 19. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand submits that the learned Judges of the High Court Division erred in law in failing to consider the fact that as the writ petitioners' appointment was time bound under..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......d as such in an application which itself lacked maintainability, the High Court Division passed the impugned judgment and order at the back of the petitioners and thereby committed an error of law. The learned Attorney General then referred to the following observation of the High Cour..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....ia, that the High Court Division failed to appreciate that the impugned notification violated the fundamental right of equality of opportunity and that the notification being violative of the provisions of BCS (Police) Composition and Cadre Rules 1980, the fundamental right of the peti......n challenged the said notification dated 14.12.1998 before the Administrative tribunal, Dhaka in Case No.344 of 1998 on the ground that retrospective seniority given from 20.01.1991 was unlawful and the Administrative Tribunal allowed the case against which Government unsuccessfully pr..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....on the fact that Ext.1 was registered on 25th Falgoon, 1345 B.S. and Tofazzal Hossain married P.W.2 in Baishakh, 1346 B.S. the contention of the plaintiffs that Ext.1 was made for making provision for the future for Tofazzal can not be lightly brushed aside, since in the background of......on used to possess the land of 'Kha' and 'Ga' schedule through bargaders, that after the death of Tofazzal his wife Khatemon was living in the house of Izzatullah Chowdhury as his daughter-in-law, that Izzatullah Chowdhury died in Magh, 1366 B.S., that a year before the death of Izzatullah ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....ed the materials on record. On perusal of the materials including the police report we are of the view that it cannot be said that no proceeding lies against the petitioner under the aforesaid provision of law nor the case is barred by law. In such view of the matter we find that the materia......s submitted accordingly and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petitioner and others under the aforesaid provision of law. 3. The petitioner filed application under Section 561A of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......he High Court Division without considering the same most erroneously observed that the trial was held without jurisdiction; the High Court Division in any view of the matter committed error of law in not sending the case to the proper Court on remand for proper trial in general criminal Cou..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....out the legal position of final assessment to arrive at. 4 As it appears the High Court Division discharged the Rule holding as follows:- “We have perused the relevant provisions of the Town Improvement Act, we find that the relevant provisions have been amended s......hat the question raised by the petitioner is not a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....d the appeal and hence is this petition. 3. In support of the petitioner Mr. Mujibur Rahman, learned Senior Advocate submits, inter alia, that the trial court without complying with the provisions of Sections 87/88 of the Code of Criminal Procedure framed charge against the accused in......cate submits, inter alia, that the trial court without complying with the provisions of Sections 87/88 of the Code of Criminal Procedure framed charge against the accused in sheer violation of law and the High Court Division passed by the impugned judgment and order ignoring the aforesaid v..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......o Dhamnondi P. S Case No. 52 dated 18.01.1998 was started at the instance of aforesaid Cyma Zarrar. It is further revealed that Khwaja Mohammad Zarrar father of Khwaja Mohammad Arif i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner joi..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......al Code and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner under aforesaid Sections of ..Category: Criminal Law | Date: | Hits: 57
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....fter referred to as the Ain invitation for bids/tender for sale of property may be made only twice but in the instant case bids were placed at least five times and thus there has been violation of provision of the Ain and hence in the writ petition he challenged the aforesaid impugned order...... order discharged the rule. Hence is this petition. 2. In support of the petition Mr. Mainul Hosein, learned counsel submits, inter alia, that the High Court Division misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully co..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....hatever stage may be except where the lease deed has already been executed and registered should be cancelled and the land covered by such proposal should be leased out in accordance with the provision of this order. Now we shall have to see whether this provision will apply in the facts of......ly that the impugned orders dated 21 October 1979 and 22 May 1982 were illegal and void. 7. Leave was granted to consider whether the learned Single Judge of the High Court Division erred in law in setting aside the orders dated 21 October 1979 and 22 may 1982 upon a misconception that pa..Category: Property Law | Date: | Hits: 35
21822179217721762175217421722171216921682167216621652164216321622160215821562155