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Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
..... In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to raise this question in giving effect to the condition in the order for rateable since the trial Court acted well within the bounds of law. The High Court Divisio......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....o. 113 of 1985 on 22nd May 1985. 2. Appellant who is the editor, printer and publisher of the weekly 'Ispat' filed Writ Petition No. 113 of 1985 in the High Court Division challenging that the order dated 16th April 1985 passed by respondent No. 1, District Magistrate, Kushtia by which he d......ration as required under section, 7 and 12 of the aforesaid Act was not obtained from the authority mentioned therein, namely, District Magistrate, Kushtia. The impugned order is as follows: "Government of the People's Republic of Bangladesh, Office of the District Magistrate, Kushtia...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ecord- For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dhaka Bench in Writ Petitions No. 253 of 1985 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....ate-on Record—For the Appellants. A. W Bhuiyan, Additional Attorney General, B Hossain, Advocate-on-Record— For the Respondent. Criminal Appeal No. 13 of 1985. (From the Judgment and order dated 12-4-83 passed by the Division Bench of High Court Division Rangpur Bench in Criminal Ap...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ollows: (a) that a decree be passed declaring that Salimabad hat in an old hat, and is entitled to sit on Tuesday and Friday in a week as usual; (b) that a decree be passed declaring that the order dated 26.12.72 passed by the defendant No. 2 is illegal, void, imperative and of no legal ef......ee passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sittin..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....al, Senior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 893 o......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....d 28.11.84 pasted by the High Court Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order in Criminal Miscellaneous Case No. 24 of 1984 and sue motu Rule No. 41 of 1984 passed by a Ben......Criminal Miscellaneous Case No. 24 of 1984. 5. During the pendency of the above Rule for contempt District and Sessions Judge, Rangpur forwarded two representations mace by respondent No. 2 to the Government praying Sot his transfer from Chilmari, On perusal of the representations the learned Jud..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....5 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is available to a person for challenging the order passed by the District Judge under Article 29 (4) of the Local Government (Union Parishads Or......s Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Jud......out 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's house. P.W. 4 (76) is a retired teacher of a Government High Madrassa and Amir Ali's neighbour having personal knowledge about Amir Ali's famil..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... As far back in 1882 the Court of Appeal in England in Inre Swire Mellor vs. Swire reported in LR 1885 (C.D) 239 this point was considered. Gotten L. J. observed: "The Court will not allow an order to stand which does not express what the Court intended, an order containing a declaration o......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....ivisional Commissioner which was dismissed on 13th November 1953 as being filed beyond the period of limitation. The Board of Revenue also did not entertain his revisional application against the order on the same ground. 26. Surprisingly enough, plaintiff-appellant did not file any suit fo....... 70 corresponding to 20 IA 165. Their Lordships of the Committee observed: "a sale is a sale made under the Act, XI of 1859 within the meaning of that Act. when it is a sale for arrears of Government revenue held by the Collector or other officer authorised to held a sale under the Ac..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....lant, his father, was entitled to his custody. Besides, appellant who is a Superintending Engineer had sufficient means to provide for the boy's medical treatment and, therefore, the refusal to order the custody of the son to the appellant was arbitrary. 6. Appellant's Counsel mentioned t......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....dvocate, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No......under the appellant. These exhibits are certified copies of two applications of the respondent to the Additional Deputy Commissioner (Revenue) praying for settlement to the suit-premises from the Government, the ultimate owner. Both the appellant and the respondent (defendant No. 1) prayed for s..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....or the Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent Nos. 5 & 6. Civil Appeal No. 166 of 1983. (From the judgment and order dated 13th April, 1983 passed by the High Court Division, Dhaka, Beach in Civil Revision No. 1......: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....or Advocate instructed by N.H. Khondkar, Advocate- on-Record—For the Despondent No. 1. Ex-parte—For the Respondents Nos. 2 & 3. Civil Appeals No. 146 of 1983. (From the judgment and order dated 10.8.83 passed by the High Court Division, Dhaka, in Civil Revision No. 525 of 1980.) ......e Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 37 of 1985 (From the Judgment and order dated 17-1-83 passed by the High Court Division, Dhaka in Death Reference No.9 of 1980 and Cri...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....itle Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judgement of the High Court Division rejecting the order is set aside. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Md Fazlul Hague, Advoca......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....y the High court Division, Dhaka in Application Nos. 6, 7, 8, 9 and 10 of 1981.) Judgment Badrul Haider Chowdhury J.—These five appeals by special leave are directed against the judgment and order passed by the Division Bench of the High Court Division in Application No. 6 of 1981. 2. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Division, Comilla Bench, in Criminal Appeals No....... that proceeding". These two all-important ingredients are palpably lacking in this case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public ..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....lation of the provisions of the Act. Private complaint of such grievances lies against the appellants under the Printing, Press and Publication (Declaration & Registration) Act,1973. Thus, the order of the High Court Division is upheld. Cases Referred to- Surendra Nath Sarkar vs. Kali P......ider whether in view of the provisions of the Printing, Presses and Publications Ordinance which impliedly provide for complaint to be made by the prescribed authority or an officer designated by the Government for violation of the provisions of section 4, a private citizen was competent to lodge a ..Category: Criminal Law | Date: | Hits: 59
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