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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... of the Union Parishad shall be for a period of three years commencing on the day of its first meeting after its constitution. The delimitation of wards is to be done by Officers appointed by the Sub-Divisional Officer or the Upazila Nirbahi Officer (Section 19). The wards shall be delimited hav......ent Nos. 2-3 (In Civil Appeal No. 17 of 1989). Civil Appeal No. 40 of 1988. Civil Appeal No. 38 of 1988. Civil Appeal No. 29 of 1988. Civil Appeal No. 2 of 1989 with Civil Petition for Special Leave to Appeal No. 23 of 1989. Civil Appeal No. 3 of 1989. Civil Appeal No. 4 of 19......n 28). Section 29 provides the procedure for trial of election petition and the decision of the Election Tribunal on an election petition shall be final. An Appeal has been provided to the District Judge and the decision of the District Judge on such appeal shall be final. Section 33 provides for ..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......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...... Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record. — For Respondent No. 1. Not represented—Respondent Nos. 2-5 Civil Appeal No. 8 of 1988. Judgement: M. H. Rahman J.—Respondent No. 1 Mohammad Akkel Ali instituted Title Suit No.266 o..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....n 3(1) (b) of the Finance Ordinance, 1983 the words "Commissioner of a Division" are omitted. Thus the Department of Narcotics and Liquor became independent of the District Administration and the Divisional Commissioner. The Controller of Narcotics and Liquor became the head of the Department of...... 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. ......q Advocate-on-Record— For the Appellant. 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 ..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... decisions which I now proceed to consider.
30. In the case of State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75, the Supreme Court of India struck down section 5 (1) of the West Bengal Special Courts Act, 1950 as violative of Art. 14 of the Indian Constitution which provides that "the......if, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Record— For Respondent Nos. 1-3.
Not represented. —Respondent Nos. 4-3 & 10-11.
Civil Appeal No. 3 of 1988
Judgement
Badrul Haider Chowdhury J. — Appellant was a candidate for election to the office o..
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......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......sain, Advocate-on-Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, 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 ap..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......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...... For the Appellants. Mahbubur Rahman, Advocate instructed by Sharifuddin 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 d..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......ovides for a special procedure for computing the period of limitation for a suit on an application filed by Banking Company facing liquidation. Sub-Section (1) of S.73 provides:- "S. 73. Special period of limitation.- Sub-section (1) Notwithstanding anything to the contrary conta...... and B. Hossain Advocates with him) — For the Appellants. 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 decre..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. ...... 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. ...... finding of the lower appellate court being that the plaintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Division plainly exceeded his jurisdiction under section 100 C.P.C. and unne..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. ......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. ......peal No. 105 of 1968.) Judgment Fazle Munim CJ.— This appeal arises from First Appeal No. 105 of 1968 allowing the appeal in part and modifying the judgment of the Subordinate Judge, 3rd Court, Chittagong in Money Suit No. 248 of 1964. 2. Plaintiff-appellant fil..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. ......remaining terms of the agreement without further delay. 6. The appellants being aggrieved filed Criminal Appeal No. 307 of 1983 before the High Court Division, Dhaka Bench. A learned Single Judge dismissed the appeal holding that the appeal was not maintainable on the ground that the..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. ......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. ......ellate Court below concurred with the findings of the trial Court and dismissed the appeal preferred by defendant’s No. 1 to 5. 4. In Second Appeal being S.A. No. 619 of 1962 the learned Single Judge allowed the appeal and set aside the judgments and decrees of the Courts below and decreed the..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....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. ......l arises from F.M.A. No. 142 of 1974 passed by the High Court Division on August 10, 1981. 2. Plaintiff-respondent filed Title Suit No. 6 of 1971 in the Court of 3rd Subordinate Judge Dhaka for setting aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,75..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & 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. ......sideration money the learned Judges of the High Court Division misdirected themselves in not refusing specific performance of contract in exercising Court's discretion under Section 22 of the Special Relief Act as there has been a change in the status quo of the matters at the time, the su......l arises from First Appeal No. 55 of 1978 passed by the High Court Division on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific performance of contract to sell the suit lands. Plaintiff's case was tha..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ppeal No. 27 of 1983. Judgment Fazle Munim CJ.— This appeal arises from First Appeal No. 27 of 1981 affirming the judgment and decree in Money Suit No. 172 of 1974 passed by the Subordinate Judge of 3rd Court, Dhaka on September 30, 1980. 2. Facts as stated in the plaint show that on N..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. ......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. ...... judgment and decree of the lower appellate court and restoring those of the trial court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......are involved both of them are disposed of by this judgment. 3. Defendant is the appellant in CA. No. 112 of 1983. Respondent plaintiff filed Title Suit No. 231 of 1976 in the Court of Subordinate Judge, Dhaka 3rd Court for dissolution of partnership firm styled "Cafe China" for accounts and for ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....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. ......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 Mohammad & 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. ......, and under section 28 of the Limitation Act the right is extinguished, if no suit for recovery is instituted by him within the statutory period." 21. In Ejaz Ali Qidwai vs. Special Manager, Court of Wards, Balrampur Estate, AIR 1935 PC 53, the Judicial Committee of t.......- This appeal arises from First Appeal No. 32 of 1974 passed by the High Court Division on 11 August, 1982. Appellants instituted Title Suit No. 36 of 1975 in the 4th Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No. 1 of 1978 after being transferred to 5th Court o..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ly directed to remove the objection regarding the maintainability of the suit and that defendant-respondents would not in any way be prejudiced. 6. By their judgment dated 15-3-83 the learned Judges of the High Court Division rejected the application for amendment of the plaint, allowed the ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......l Procedure Code, are mandatory in all cases, such as, where there is a declaration by the serving officer that summons was duly served by him under rule 17 of the said Order, and whether the learned Judges of the High Court Division have correctly held that the trial Court made a declaration, under..Category: Procedural Law | Date: | Hits: 93
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