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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... were open, for they were not concluded by concurrent findings." In the case of The Midnapur Zamindary Co., Ltd. Vs. Uma Charan Mandal and others reported in 29 CWN—131, Their Lordships of Privy Council held as follows: — "Where the question to be decided is one of fact, it does not involv...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ers from malice and being coram non judice. 2. There was election on 10.2.88 and the Election Commission directed to re-poll in two centres. We are concerned with Joygunnessa High School Polling Centre. It appears that the Election Commission directed the acceptance of result submitted by the..Category: Election Law | Date: | Hits: 146
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......re the Election Tribunal, Subordinate Judge, 3rd Court, Dhaka on various grounds stating, inter alia, that the election at one of the 5 centres, namely, the Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away ..Category: Election Law | Date: | Hits: 102
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....5,29,30 and 32 in Civil Petition for Leave to Appeal No. 136 of 2005 opposes the petitions submitting, inter alia, that the project was approved by the Executive Committee of National Economic Council (ECNEC) and that Director General of Agriculture Extension Department sent a letter dated 2......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....itution of the People's Republic of Bangladesh brought the matter to the notice of the President of the Republic by letter dated 20.10.2003. The President of the Republic directed Supreme Judicial Council to inquire into the matter and the Supreme Judicial Council in short Council held inquiry a......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....y, RAJUK to the appellants that .25 acre out of .85 acre has been retained by the RAJUK for construction of the road and the rest of the acquired land has been released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked the learned Additional At......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....f a relationship that exists between co-sharer tenants of a holding or land which confers a benefit on the one and obligation on the other. Tracing the background of the law of preemption the Privy Council has said in more cases than one that the law of pre-emption was introduced in undivided Indi......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Abed Ali Vs. State, 1990, 19 CLC (AD)
....t they did not appear in the said salish. On the following day i.e. 5.12.82 at about 8 a.m. the informant along with his younger brother Nabir Uddin and cousin Abdul Gafur were going by the Union Council road in search of labour and while they reached to the east of the house of Maziruddin the a......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......n connection with the election to the office of Chairman of Nalua Union Parishad, Satkania. 2. Election for the office of Chairman was held on 10 February 1988 in a number of Polling Stations or Centres, but dispute arose in respect of two centres, namely Morfala R.M.N. High School Centre and..Category: Election Law | Date: | Hits: 152
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....llege established under Section 3". 9. The plaintiff filed the suit impleading Principal, Pabna Cadet College, Pabna, Bangladesh as defendant No. 1 and the Chairman, Cadet College Council and Adjutant General Bangladesh Army Adjutant Branch, Bangladesh Army Head Quarter, Dhaka a...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....d the name of the persons involved in the incident. From defence side it was contended that the whole case was initiated at the instance of P.W.3, since the accused persons canvassed during the Union Council election against the P.W.3 who was a candidate for the office of the Chairman of the local U......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....sferee in good faith and without notice of the original contract for valuable consideration. 11. This provision of law has been the subject of interpretation in two decisions of the Privy Council, namely, Bhup Narain Singh vs Gokul Chand Mahton AIR 1934 PC 68 and Shankarlal Naraya...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....harter of 1970 to amend, add or revoke the provisions of original Charter of 1908 by a majority of not less than two-thirds of persons present and entitled to vote thereon at a General Meeting of the Council and any such amendment, addition or revocation shall lake effect when allowed by the Queen o...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....e considering whether the civil Court's jurisdiction stood ousted by section 26 of the UP Ordinance read with provisions thereof and the Rules made thereunder, has referred to a decision of the Privy Council in the case of Secretary of State Vs. Mask & Co., 44 C.W.N. 709 wherein it has been st......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......er Siddique, Sub-Inspector and Second Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resulted from multi..Category: Criminal Law | Date: | Hits: 50
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
.... Criminal Procedure which is in similar terms as in section 151 of the Code of Civil Procedure provides for saving of inherent powers of the High Court Division. The Judicial Committee of the Privy Council in the case of Khawaja Nazir Ahmed AIR 1945 PC 18 observed in respect of section 561A Cr.P......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....valence certificate in respect of her foreign degree as par requirement of advertisement and as such her application ought to have been rejected outright. The Equivalence Committee of Academic Council of BUET in its meetings held on 04.05.1993 and 03.07.1994 found MURP degree of respondent N...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
.... an extra weight against the non-confessing accused as per pro- vision of section 30 of the Evidence Act. 21. Provision of section 30 of the Evidence Act came up for consideration before the Privy Council in the case of Bhuponi Shahu vs King reported in AIR 1949 PC 257 (same case has been reporte......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....ed in terms of section 60, nor has it to wait for acquiring the character of a registered document till after compliance with the other provisions that follow section 60. Their Lordships of the Privy Council having had an occasion to refer to this section in the case of Muhammad Ewaz V. Birj Lai (IL...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
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