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Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....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 ......e voter; but their respective functions differ widely. 9. The Local Councils are classified on reasona­ble basis which is apparent from the nature of its duty and that has been highlighted in the judgment of my brother. The only question is whether the Court will make any recommendation or voice..

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......f the submissions found that the plaintiffs have acquired valid title to the suit premises from the heirs of Mr. Zakir Hossain on the basis of Ext. 4 series. The learned Judge further observed in his judgment that the findings of fact made by the learned S.C.C. Judge were not challenged before him a..

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......lader, 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 dated Sep­tember 25, 1986 passed by a Single Judge of the High Court Division, (..

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......r 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 decree of the High Court Division in Letters Patent Appeal No. 4 of 1967 confirming tha..

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. ......” This is a defendant's appeal following leave and arising out of Judgment dated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial Court. 2. Respo..

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 ..

Category: Criminal Law | Date: | Hits: 53

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. ...... Court Division in First Appeal 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. ..

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. ...... Rahman, Advocate 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..

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. ......ngs 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 suit in part holding that a decree be pass..

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. ......contested the 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 ap..

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. ...... no obligation to' obtain income tax clearance certificates etc. which was the responsibility of the plaintiff and that the price of land in the locality had increased in the mean time. 4. By its judgment on December 31, 1977 the trial Court decreed the suit holding inter alia that the suit was ..

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. ......ucted B. Hossain, Advocate-on-Record—For the respondent No. 1. Civil Appeal 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, Dhak..

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. ...... Asrarul Hussain 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. 68..

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. ......e, (T.H. Khan, Senior Advocate and M.A. Wahab Miah, Advocates with them) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Res­pondent. Civil Appeal No. 112 of 1983. (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal..

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. ......cord- For the 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..

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. ......78 before the High Court Division. Cross-objections were filed by defen­dant no. 1 and defendant Nos. 3-5. On 11 August, 1982 the High Court Division dis­missed the appeal and affirmed the judgment and decree of the trial court "with modifi­cation to the effect that the findings..

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. ......-on-Record—For the Appellant. S. R. Pal, Senior Advocate with him instructed by Syed Sakawat Ali, Advocate-on-Record—For respondent Nos. 1 & 2. Civil Appeal No. 101 of 1903. (From judgment and dated 15-03-83 passed by the High Court Division Jessore Bench in First Appeal No. 6 of..

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.......-For the Appellants. 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..

Category: Procedural Law | Date: | Hits: 93

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......cate instructed 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 1..

Category: Property Law | Date: | Hits: 42

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

....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. ......ash;For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondents. Criminal appeal No. 37 of 1983. (From the judgment and order dated 5-2-1981 passed by the High Court Division in criminal Revision No. 175 of..

Category: Criminal Law | Date: | Hits: 66