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....ion 7(2) (g) of the Union Parishad Ordinance which was inserted by Act 33 of 1987. His appeal was dismissed by the Upazilla Nirbahi-Officer. Then he moved Writ Petition No. 26 of 1988 challenging the order of the Returning Officer. The High Court dismissed the writ petition.
2. Leave was granted ......er-in-charge, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disq..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
.... 58 of 1979 I was decreed by the S.C.C. Judge (Sub-Judge, 3rd Court) Dhaka and on revision by the appellant a Single Bench of the High Court Division, Dhaka confirmed the said decree by judgement and order dated 17 March 1987 in Civil Revision No. 568 of 1985. 3. At the time of granting leave se......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)
....te-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 dated September 25, 1986 passed by a Single Judge of the High Court Division, (Rangpur Sessi......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..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
.... sought moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly approved in a general meeting of the creditors. The Court sanctioned the Scheme of Arrangement by an order dated 4th August, 1950 and allowed the moratorium in terms of the Scheme of Arrangement, but t......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
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....enced to transportation for life. They were also convicted under section 148 of the Penal Code and each of them was sentenced to one year's rigorous imprisonment. The High Court Division upheld the order of conviction and sentence with regard to the present appellant under section 302 but acquitte......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 Corporation, 1985, 14 CLC (AD)
....ition of P.W. 1 "on hearing from defendant No. 3 of removal Shed No. 5 we enquired about the removal charges and......” We deposited the removal charges and again obtained delivery order for the alleged quantity of 14867 bags and out of it we were delivered 9300 and the remaining......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
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....ocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment and order dated 27.10.83 passed by the High Court Division in Criminal Appeal No. 307 of 1983.) ......he Milk Producers' Union which sale of milk products. General Manager is the Chief executive and it is managed by Managing Committee and controlled by the Registrar of Co-Operative Societies of the Government of the People's Republic of Bangladesh. Respondent is a registered Trade Union under the..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ate-on-Record—For the Respondent No. 1. Civil Appeal No. 147 of 1983. Judgment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order in Letters Patent No. 7 of 1967. 2. Plaintiffs' case, in short, was that the suit land i.e......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)
.... suit claiming that the award is not liable to be set aside. The trial court dismissed the suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Division challenging the judgment and order of the trial Court. The learned Judges of the High Court Division allowed the appeal holding ......ting aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,756.25 from the respondent. His case was that he was appointed boat carrying contractor by the Department of Food, Government of East Pakistan for the years 1962-63 and 1963-64 under the terms and conditions as se..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....of the Limitation Act, the delay caused a material alteration in the value of the property because it led the tenants to hope that the lease would never be given and to agree to pay enhanced rent in order to prevent it from ever being given. Facts here are distinguishable from those in the case ......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)
....the suit to the date of judgment, the High Court Division held that as the award of interest fell within the discretion of the Court which was duly exercised by it, no interference was called for The order of interest at the rate of 12% during the pendency of the suit and until realisation did not s......s and interest subsisting in the National Bank of Pakistan within the territory of Bangladesh. 3. After the emergence of Bangladesh as a separate State the appellant company was taken over by the Government under the Acting President's Order No. 1 of 1972. On February 2, 1972 respondent No. 7 wa..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. Civil Appeal No. 75 of 1983. (From the judgment and order dated 24-8-1982 passed by the High Court Division Dhaka in Civil Revision No. 682 of 1982.) ......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. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order of the High Court Division in F.A. No. 94 of 1979. 2. Leave was granted to consider the qu......ll presume that you are no longer interested in the Project and the loan will be withdrawn without further reference to you". 9. Last nail on the coffin of the plaintiff's case was given by the Government itself when the property was released from the list of the abandoned property in favour o..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e Appellant. S.M. Hossain, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Appeal No. 103 of 1983. From the judgment and order dated the 9th December, 1982 passed by the High Court Division, Dhaka Bench in Apportion......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)
..... The predecessor of defendant Nos. 3-5 filed Title Suit No 104 of 1974 for cancellation of the compromise decree dated August 23, 1966 but it abated. Miscellaneous case filed for setting aside the order of abatement was also dismissed. The present suit has been filed by the plaintiff appell......Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....roperties were acquired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false document and the appellant did not transfer......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. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....llants. Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent No.1. Civil Appeal No. 152 of 1983. (From the judgment and order dated 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) ......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...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....d by B. Hossain, Advocate-on-Record—For the Respondent Nos. 1 & 2. Respondents No. 3 to 8- Ex-parte. Civil Appeal No. 137 of 1982. ( From the judgment and order dated 22.3.82 passed by the High Court Division in Civil Revision No. 1255 of 1979.) ......ion (2) provides for that in some matters Conciliation Court will have no jurisdiction such as the case in which interest of minor is involved or in case of arbitration or the case against the Government "or Public Organization and clause (d) adds: "cases whi..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....mitting rioting under section 147. The act of destruction of the house by fire is not warranted by the fact and circumstances of the case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... A.W. Bhuiyan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record —For the Respondent. Civil Appeal No. 139 of 1983. (From the judgment and order dated 3rd May, 1982 passed by the High Court Division in Civil Revision No. 1324 of 1979.) ...... a child by Gouri Dasi but this is not enough to claim title by inheritance. In this view of the matter the rule was discharged. 4. Leave was granted to consider the question that the Government of Bangladesh cannot claim the property without following the procedure in case of ..Category: Property Law | Date: | Hits: 112
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