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Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......nd superiority to others who did not have the opportunity of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..Category: Constitutional Law | Date: | Hits: 150
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ...... Union's work. He stated that the union has submitted a charter of demands on 9.1.88 whereupon the Management terminated the services of 3 Union officials and 3 active union members and also filed cases. The present action against him is malafide and is intended to victimise him for his trade un..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......) thus indicates the source of authority, power and jurisdiction of the Election Commission in respect of elections other than that of the President and Members of Parliament. "Any other law", in the case of election for Union Parishads, is the Local Government (Union Parishads) Ordinance 1983 and t..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e Rajdhani Unnayan Kartripakhya) Major Kamrul Hasan, a former Member of the Land and Estate Department of the RAJUK, Abdus Sattar, a former Minister and one Abdus Sukur Pradhan. 3. The prosecution case, in brief, is that Plot Nos, 49 and 49A, situated at Kawran Bazar Commercial Area, each plot me..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......ctated an order in the open Court. But immediately thereafter a request by one of the counsels of the parties that the judgment might not be signed so that the question of limitation arising in the case might further be considered was acceded to by the Court. The transcript of the judgment was, h..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......een the spouses became strained. On 25th February, 1982, the wife obtained a decree of dissolution of the marriage with her husband after foregoing her dower money. 3. The appellant's case is that his wife gave him possession of the land in 1967 for construction of a building and he..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......ous Case No. 407 of 1980 was also dismissed for default and again an application under Order 9 rule 9 read with section 151 CPC was filed for setting aside the dismissal order in the miscellaneous case. Upon objection raised by the defendant the second Miscellaneous Case No. 71 of 1982 was dismi..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......sp; Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actual physical p..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......he same (transformer) from the premises of M/S Mahmood Rice Mills situated at village Bhabonerchala within PS Kapasia, District Gazipur on 24.9.89 was illegal. 3. Material facts of the case as can be gathered from the clumsily written writ petition and other papers now submitted befo..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......r quashing the proceeding itself taking the ground that on the facts stated in the complaint no criminal offence was committed and that the liability, if any, was a civil one and that the criminal case was started just to put pressure on him to pay the alleged balance without proper accounting. ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ...... the High Court Division dated 27.4.92 in Civil Revision No. 986 of 1990 disposing of the Rule by setting aside the order of remand passed by the appellate Court below and allowing the pre-emption case, thereby reversing the judgment and order of the trial Court disallowing the pre-emption case..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......in respect of the area retainable by the plaintiff without determining by local investigation the area of the portion of the plot over which the cattle market sits, the appellate court remanded the case for fresh trial after getting the market area demarcated by local investigation. 6. Re..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......e plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court on 25.1.86, but the plaintiff failed to file any hajira nor took any s..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......ibunal in trying a schedule offence along with a non‑schedule offence. 2. This question has been elaborately discussed by my learned brother in his judgment. What I find is that it is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly commi..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......a separate procedure has been laid down in the Cr.P.C for executing a sentence of fine. The learned Counsel has sought reliance from two decisions of the Pakistan Supreme Court, one reported in the case of Man Mahmud Ali Qasuri and others Vs. The State, 15 DLR (SC) 429 and the other, in the case ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ving land contiguous to the land transferred to strangers by kabala dated 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for de..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......ce on 13-10-61 that is, long before the coming into force of Part V of the Stats Acquisition Act. The trial Court took the view that section 96 of the Stale Acquisition Act was applicable in this case although the transfer took place before the coming into force of Part V of the State..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......48 Indian Appeals 31) as well as Member Board of Revenue V Akhtar Khan (P.L.D. 1968 S C 270) and Sashi Bhusan V. Asghar Ali [20 D.L.R (S.C.) 217.]. 5. The three aforementioned Privy Council cases related to certificate under rule 3 of Order 15 of the Code of Civil Procedure. It will suffi..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......y;manded maintenance from the respondent for herself and for her children but the respondent neglected and refused to maintain the appellant and her 4 children. Thereupon, the above mentioned case was filed under section 488 of the Code of Criminal Procedure 3. The application was con..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... produced him and two of his employees, namely, respondent Nos. 1 and 2 of Criminal Appeal No. 12 of 1973 before the Sub-divisional Magistrate of Khulna on 18-1-72 in connection with that case under section 436 of the Penal Code and President's Order No. 50 of 1972 (hereinafter referred..Category: Criminal Law | Date: | Hits: 125
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