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Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....of the report of the returning officer and such report being gathered from the report of the presiding officer, the High Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advo...................Appellant Vs. The Election Commission & others...................................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....pondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without ta...... pointed out that the Screening Committee recommended for the compulsory retirement of the plaintiff on the ground of his being "reputed to be dishonest". The plaintiffs appealed before the Central Government and it was dismissed. The learned Additional Attorney General placed before us the appoin..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... Mahmudul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not represented-Respondent No.2. Civil Appeal No. 10 of 1988. (From the judgement and order dated 18 February 1987 passed by the High Court Division, Rangpur Session in Civil Revision ......ing the period of limitation prescribed for any suit, the time during which the defendant has been absent from (Bangladesh) and from the territories beyond (Bangladesh) under the administration of (Government)....shall be excluded." It has been argued that in computing the period of limitation ..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
.... the Appellants. A.W. Bhuiyan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent. Criminal Appeal No. 16 of 1987. (From the judgment and order dated 17 November, 1985 passed by the High Court Division, Dhaka Bench, in Criminal Revisi......r order of temporary injunction dated 4-4-83 was passed in Title Suit No. 45 of 1983 in which, however, the complainants party namely, the Engineering Works were not a party; it was filed against the Government and the Additional Deputy Commissioner (Revenue). In Title Suit No.67 of 1969 filed by th..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....llah, Senior Advocate (Mozammal Hoq Bhuiyan, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court Division, Dhaka in Appeal from Original Order No.......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... Sajjadul Huq, Advocate-on-Record. — For the Respondent No. 1. Not represented —Respondent Nos. 2-3(a). Civil Petition for Special Leave to Appeal No. 212 of 1986. (From the judgment and order dated 21.5.86 passed by the High Court Division, Barisal Bench, in Civil Revision No. 785 of 1...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....c). M. Nawab Ali, Advocate-on-Record—For Respondent Nos. 3-6 and 10 Ex parte—Respondent Nos. 7, 8, 11-15, 18, 20-23, 23A and 25. Civil Appeal No. 46 of 1984. (From the judgment and order dated 30.10.1983 passed by the High Court Division, Dhaka in Civil Revision No. 1067 of 1981.)...... was that they took lease of the suit land from the Jamindar and relied on pattannama exhibit 1, Amin's report exhibit 2, Dakhila Exhibit 3 series, Kabuliyats Ext. 4 and 5 in support of their case. Government contested the suit and filed written statement stating that the suit land is ‘beel’ w..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... appeal. The plaintiffs share as declared by the High Court Division finally is also not in question. 5. But leave has been obtained on a technical point alleging error and incompleteness in the order passed by the High Court Division. It is this "that the plaintiff having acquired no right, ti......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
....- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal Appeal No. 36 of 1986. (From the judgment and order dated 24th August, 1986 passed by the High Court Division, Circuit Bench, Rangpur, in Crim...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....l instructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the High Court Division, Sylhet Bench in Criminal Appeal No. 7(c) of 19......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. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
.... 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 the High Court Division is set-aside………………..(3 & 4) Lawyers Involved: ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and hence set aside the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its fil......e medical certificate, to appear before the Court and prove the medical certificate. On the same day i.e. 13.9.1983 another application was filed for time on the ground that Dr. Saiful Islam, a Government employee, had net been granted leave by his employer and hence he could not come to depos..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the Privy Council judgment qu......acquittal. In all 11 (eleven) persons including the appellants were on trial on the aforesaid charge before the Additional Sessions Judge, 1st Court, Chittagong and all of them were acquitted. Then Government took an appeal, No.1 of 1985 under section 417(1) of the Code of Criminal Procedure aga..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....d.)................................Appellant Vs The State.........................Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accus......this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section 6 of the Criminal Law Amendment Act, 1958. 2. The appellant was Jute Ext..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....in Ahmed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record- For the Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 32 of 1987. (From the Judgment and order dated 10th February, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 3......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. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....Record-For the Appellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal Appeal No. 16 f 1988. (From Judgment and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision ......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 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....instructed by Abdul Baset Majumder, Advocate-on-Record-For the Petitioners. Not Represented.-Respondent. Criminal Petition for Special Leave to Appeal No. 117 of 1986. (From the Judgment and order dated 14.7.86 passed by the High Court Division, Dhaka, in Criminal Appeal No. 178 of 1984).......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 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
..... On appellants own showing he has made a transfer of land apparently before his own settlement was completed. Thus he having parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Invo......e First Appellate Court. 2. Material facts of the case are that the plaintiff-appellant took settlement of 2.73 acres of land in several plots of S.A. Khatian No. 162 of Mouza Haybatpur from the Government in P.S. Case No. 889 of 1965-66. The order of settlement was, however, cancelled on 10...Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....e proceeding of the suit including passing of a decree a nullity even if it is found that such non compliance has not …..tually prejudiced the defence of the minors in any way. It is clear that the order of remand would serve no purpose except to allow undergoing a formal ritual of the observance ......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. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... the gazette notification being made. The name of the appellant was published in the Official Gazette on 12 May 1988 but the appellant could not take me oath as required under the law because of an order of stay obtained in the writ petition. 3. As regards the dispute as to whether the appellan...... the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of section 7 (2) (g) of the Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such ..Category: Election Law | Date: | Hits: 130
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