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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 ......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)
....en no election at all. If the argument is allowed it will mean whatever happened it will be sufficient without appealing to the voters if Presiding Officer and Returning Officer are wooed and kept in good humour. That is no election and that is no deÂmocracy. Election is needed to sustain democracy......of remedy is by itself sufficient. The Court, however, pointed out that in such proÂceedings the disputed question of fact will not be gone into and it is only where it is shown upon the face of the record itself that the Officer or authority concerned has failed to discharge his duties that direcÂ......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance 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, PubÂlic Health, Barisal DiviÂsion 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......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......sh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment of arrear pay after his discharge ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, 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. ......alternative site suggested by the Chairman of the Local Pourashava passed the impugned order hastiÂly. 8. Having heard Mr. Pal and the learned AssistÂant Attorney-General and upon perusal of the record it appears to us that the matter can and should be reÂsolved without entering into much cont...... 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. ..Category: Others | Date: | Hits: 125
.... of members of Parliament is found to be an omission of grave impropriety which, however, may be corÂrected even now by the law-makers themselves, if not required by any law, at least by dictates of good conscience and high sense of patriotism." I fully subÂscribe to this view.
10. Next questio......des these functions, the government may entrust to Union Parishads some of the police and Village defence functions. To assist revenue officials in collection of rents and taxes and in preparation of records and assessments is their important responsibilities. For each Union Parishad there shall be ...... conviction for a criminal offence, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; (e) holds any office of profit in the service of the Republic. Clause (g) of Art. 66 provide that further disqualification may be provided..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and ......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......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..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....iven. It is elementary that to claim a relief of that nature the plaintiff must, first of all satisfy as to a prima facie nature of his case. In other words, it must appear to the court that he has a good, arguable case to be considered at the trial. In a case where the order impugned appears to be ......o appeal was granted to consider whether the order for temporary injunction was passed on sound judicial principles. It appears from the judgment of the learned DisÂtrict Judge that he found from record that the plaintiff was promoted from the post of Assistant Secretary to the post of Deputy Se......upon a reference to some cases observed that the relief of temporary injunction may be granted to the emÂployee of a statutory body who has brought an action challenging an order of his removal from service or even reversion from higher post to lower post. There cannot be much dispute with this bro..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......ank's Account. Abnormally low premium of the lease and equally low sale-proceeds were prime facie evidence of fraud. The finding of facts has, therefore, got reasonable basis and based on evidence on record. 13. As to the auction purchaser, Defendant No. 3, the High Court is found to have rightly......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..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 apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......lude power to review the evidence to come to a finding of its own on a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. The suit was instituted in 1974 on the allegation that the plaintiff was in possession and t...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
........Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while issuing the short la......nd Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while issuing the short landing certificate in respect of 5567 bags of cement ......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. ..Category: Civil Law | Date: | Hits: 89
....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.
......bsp;
When
the Labour Court exercise its jurisdiction for trial of offences under the
Labour law, it does so as a Magistrate of the 1st Class but when the punishment
is given and sentence is recorded then for the purpose of appeal it shall be
deemed to be a court of Session under the Crimi......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)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......plaintiff and the became owner of 16 annas share of the suit land and since then he was in possession of the same asserting his own right. In the recent rent roll plaintiff's name was not corÂrectly recorded and being encouraged by the finding of a case under section 19(1) and 19(2) of the East Ben......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... to cyclone near Majirhat in Chittagong resulting in the loss of 6309 maunds 34 seers of wheat. 3. Appellant demanded the sum of Tk. 1, 57,746.25 from the respondent being the value of the goods lost at the rate of Tk. 25/- per maund. Respondent claimed exemption from any liability ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... appellant company or the administrator or the Corporation, the bank was not in any way responsible for the manner of their disposal. While referring to its definition as "a legal transaction whereby goods may be made available as security for a debt without transferring either the property or the p......the Sonali Bank was the successor-in-interest of the National Bank of Pakistan and therefore, had the right of recovery of the debt owing to that Bank. After considering the evidence and materials on record it further held that the suit was not barred by limitation and also not bad for non-joinder o......g Corporation; (c) all Officers and other employees of the Jute Corporation shall stand transferred to and become officers and employees of the Jute Marketing Corporation and shall hold office or service in the Jute Marketing Corporation service in the Jute Marketing Corporation on the same term..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......g that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the employer has the right to dismiss the servant when the domestic Tribunal has recorded such a finding……..(4) Case Referred to- New Dacca Indus...... 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary and of no legal effect and that the appellant was still in service under respondent No. 1. Plaintiff was appointed as a purchase clerk of the united lute..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ppa AIR 1966 (SC) 1300, which has disapproved the view taken in 17 Bombay page 235 the decision of 20 DLR 1056 relying on ILR 17 Bombay page 235 without noticing AIR 1947, Lahore page 13 is no longer good law. AIR 1966 (SC) 1300 has followed Ajudha Vs. Shams (AIR 1947 Lah 13 and quoted with approva......nregistered firm as under; Business: Running of restaurant on Chinese pattern. Total income is deterÂmined at Rs. 13,500/- for the year in consultation with the advocate present vide his consent recorded in the margin of the order sheet as a token of agreeÂment. Total Income ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....C is more or less machinery for the purpose of calculation of investment of allowance admissible under this section. He contended that the bonus shares being issued in lieu of dividend was as good as cash money forming the income of the assessee. It is contended that the bonus shares are fu......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ...... unregistered amalnama on receiving a selami of Tk. 40,000/-. On the basis of compromise decree obtained by him in Title Suit No. 107 of 1966 defendant No. 1 got his name mutated in the S. A. record. The predecessor of defendant Nos. 3-5 filed Title Suit No. 19 of 1967 for canceling the com......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
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