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Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....in, (Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated 25.8.1988 passed by the High Court Division, Dhaka in Civil Revision No. 402 of 1988). ......€¦â€¦â€¦â€¦.....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Result: The appeal is allowed. The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance ..

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 19 of 1988. (From the judgment and order dated 10.12.1986 passed by the High Court Division, Dhaka in Civil Revision No. 255 of 1986). ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....fzalur Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.2. Civil Appeal No. 42 of 1989. (From the judgment and order dated 10.1.1989 passed by the High Court Division, Jessore Bench, Jessore in Writ Petition No.......…………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....hich was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appli­cation holding that there was a sale of the assets of the ass......74 under section 66 of the Income Tax Act. 2. The appellant, namely, Comilla Electric Supply Ltd. has been carrying on the business of generating and supply of electricity under a licence from the Government in the town of Comilla. The appellant carried on business upto 31-8-63. Thereaf­ter the ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....For the Respondent in both the appeals. Civil Appeal Nos. 13 & 14 of 1985. Judgment Badrul Haider Chowdhury J.- These two appeals by special leave are directed against the judg­ment and order of the High Court Division, in Civil Revision Nos. 302 and 303 of 1983. 2. Leave has been g......result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..

Category: Procedural Law | Date: | Hits: 84

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....hmed Advocate, with him interested by Sharifuddin Chaklader, Advo­cate-on-Record—For the Respondent. Not represented—Respondent No. 2 Civil Appeal No. 50 of 1989. (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....ce No. 51 of 1984. Remedy under sections 34, 62 or 64 of the Industrial Relations Ordinance is not available to a trade union leader working in the House Building Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, an......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

....……….………...Respondent Judgment October 25, 1989. Result: The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the or...... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

....oes not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other Unions did and obtained favourable orders from the election commission following enquiries caused to be held. Respondent could not righ..........……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 ..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... For the Respondent Nos. 1(a) to 1(g) and 2. Mohammad Ali, Advocate in­structed by Abu Backkar, Advocate-on-Record—For Respondent No.3. Civil Appeal No. 36 of 1989. (From the judgment and order dated 10th No­vember, 1988 passed by the High Court Division, Dhaka in Civil Revision No. 324......s Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....ppeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 439 Rules of the High Court Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application challenging an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..

Category: Criminal Law | Date: | Hits: 40

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....ning exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present case as revealed are such that it is found plainly difficult to sustain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of ......5 to the extent of 6 acres by regis­tered Sale Deeds and since then she had been enjoy­ing and performing acts of ownership and possession by residing in the house and paying rents and taxes to the Government and other local authorities. The husband of the appellant was a politician belonging to t..

Category: Property Law | Date: | Hits: 54

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....arim, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For Re­spondent No. 1. Not Represented—Respondent Nos.2-4. Civil Appeal No. 22 of 1989. (From the judgment and order dated 8th January, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 264 of 1......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..

Category: Election Law | Date: | Hits: 111

Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)

.... Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1. Not represented. — Respondent Nos. 2-6 & 8-14. Dead. Substitution exempted vide order dated 28.1.86. —Respondent Nos. 7 & 15. Civil Appeal No. 124 of 1984. (From the ju......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..

Category: Property Law | Date: | Hits: 32

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....laintiffs case that the suit premises is a departmental quarter earmarked for judicial officer." In this view of the matter the learned single Judge concluded that there being no valid and lawful order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour giving r......any openly attempting to flout the order of the Bengal Supreme Court, then it must be said that much water has flown by in the Buriganga ever since then. The country is governed by a Con­stitutional Government and the minimum norm that is expected of the persons participating in the Ad­ministratio..

Category: Property Law | Date: | Hits: 30

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....tab Hossain, Advocate-on-Record— For the Respondent No. 1. Not Represented. — For Respondent Nos. 2-14. Civil Petition for Special Leave to Appeal No. 109 of 1989. (From the judgment and order dated 5th March, 1989 passed by the High Court Division, Dhaka in Civil Order No. 223 of 1989)......................Respondents Judgment March 29, 1989. Result: The petition for special leave is dis­missed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 When Government is keeping a watchful eye on the activities not only of the Managing Committee of the sch..

Category: Civil Law | Date: | Hits: 130

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....dvocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Re­spondent No. 1. Not Represented—Respondent Nos. 2-21. Civil Appeal Nos. 40 and 61 of 1989. (From the judgment and orders dated the 14th February and 23rd March, 1989 passed by the High Court Division, Chittagong Be......nt Vs. Ahmadul Hoque & others......……...........Respondents (In Civil Appeal No. 61 of 1989) Judgment November 6, 1989. Result: Both the appeals are dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civ..

Category: Election Law | Date: | Hits: 125

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....ge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no necessity of farther determination of question of service upon the appellants. The order of the learned assistant judge has rightly been set-aside by the High Court Division. In decid......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...

Category: Procedural Law | Date: | Hits: 88

Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

....Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record.—Respondent No. 4. Not Respondent—Respondent Nos. 1-3 & 5-6. Civil Appeal No. 19 of 1989. (From the judgment order dated 11.12.1989 passed by the High Court Division, Dhaka in Writ Petition No. 1314 of 1988). ...............Appellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise t..

Category: Election Law | Date: | Hits: 125

Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

.... filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the applica­tion of the appellants, an Advocate Commissioner was appointed for local inspection by order dated. 11.11.86. Respondent No.1 who is defendant No. 5 in the said suit filed an application ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 94