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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....taining existing list with necessary additions, deletions and modifications or upon revision. It has been submitted on behalf of the appellant that the provisions in sections 7, 10 and 11 are independent and there is no scope for reading the same taking them together and there is no scope t...... to why (i) the impugned decision to prepare a fresh electoral roll taken by the respondent No. 2, without consent of two of the three commissioners of the respondent No.1 and (ii) the impugned appointment given by the respondent No. 3 to about 2,40,000 enumerators, 70,000 supervisors, 6235 ..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... (The High Court of Bangladesh Order 1972) "the High Court at Dhaka shall be deemed to have ceased to exist on the 26th day of March, 1971. 48. It is common knowledge that Bangladesh emerged as an independent country on 16th December, 1971 when the liberation struggle ended. Provisional Const......gh they were elected by the people. Freedom of the press was drastically curtailed; Independence of the Judiciary was curbed by making the Judges liable to removal at the wish of the Chief Executive; appointment, control and discipline of the subordinate Judiciary along with Supreme Court's power of..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......t when pressed hard by the defence, he said that both he and Monoranjan had purchased some lands from one Monorama Kuri and her mother Benodini, that Monorama Kuri filed Misc. Case No. 69 of 1976 for appointment of a guardian for her minor son in which case both he and Monoranjan got impleaded as ..Category: Criminal Law | Date: | Hits: 57
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....ing the provision of the mortgage deed. The learned Judge further look the view that the mortgage should not be taken as part of the contract and according to his view "it is a separate, distinct and independent transaction from the contract of loan." It was further found that the rate of interest h......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......A page 23 in giving the meaning of the word acting it is to be said-" Acting, a term employed to designate one performing the duties of an office to which he does not himself claim title; (as) acting appointment." The word is also sometimes used in the sense of "operating" (as) in a provision th..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....not exempted from explaining in the course of recording evidence why its original was not produced. Even assuming this is not admissible in evidence, the appellants' case of amicable partition stands independent of Ext. 16 as other evidence and circumstances including the previous judgment are qui......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... the Union Parishad shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters:— (a) the appointment of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling ..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....r" of Narcotics and Liquor was substituted. By section 3(1) (b) of the Finance Ordinance, 1983 the words "Commissioner of a Division" are omitted. Thus the Department of Narcotics and Liquor became independent of the District Administration and the Divisional Commissioner. The Controller of Narc...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....chaser, Defendant No. 3, the High Court is found to have rightly rejected his plea of bonafide purchase as evidence shows that he being father of Defendants No.1, residing in same house and having no independent income, was in the picture all along. The question of res Judicata, because of the jud......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
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....arantor to take reasonable care and skill obtain the best price reasonably obtainable. 24. Dr. Hossain then referred to the letters of guarantee furnished by respondents 2—6 for determining the independent nature of the liability irrespective of whether liability against the appellant company,......ording to us the company's liability continued even after its taking over, whatever payment towards its repayment was made must be deducted from the dues outstanding. So far it appears that after the appointment of the administrator the amount of Taka 99 lacs was credited in the cash credit account ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....and in holding that the principle laid down by the case of the New Dhaka Industries Ltd. applied incase of the petitioner without any finding as to whether the company concerned retained its independent and corporate character. This contention deserves our consideration." ......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
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
.... bonus shares not being a portion of the total income cannot claim for exemption inasmuch section 15C postulates that the investment must be made by the assessee himself out of his own volition and independent decision whereas the investment in bonus share in question made by the Company is not s......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)
....ract or of the part performance thereof." 9. Mr. Khondker next contend that since the appellants have been in possession of the suit premises since 1950, asserting their independent title, the Courts should have found that they acquired title to the suit premises by 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. ..Category: Property Law | Date: | Hits: 36
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......g Court to effect delivery of possession to the appellant on their furnishing bank guarantee of Tk. 3,50,000/-. This order was frustrated because in the meantime a move was made by the receiver for appointment of a joint receiver in the person of Khawja Mohiuddin who, however, could not..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......on of other persons. The learned Counsel for the appellant contends that in the face of this and other allegations, the appellant has been virtually removed from his office in the disguise of appointment of the Committee of management. But on perusal of the order of the Administrator we do ..Category: Trust/Waqf Law | Date: | Hits: 196
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... Judge and affirmed the order of the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable independently inasmuch as Rule 32 (1) CPC provides an independent remedy to the decree holder in case the judgment-debtor violated the order of prohibitor...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....ertained in the plaintiff suit, Mr. Rahman submitted that set-off is a defence which can be compared to a shield, whereas counterclaim is an attack which can be used as a sword. Set off has no independent existence like a counter-claim, its fate is dependent upon the plaintiff's suit. Set-of......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ying out of any primary purpose of the trust". This contention was rejected by the Lahore High Court which found that clause (i) is not governed by clause (i-a), that these two provisions are independent of each other, that two separate classes of exemption were provided in these provisions......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. .........................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement o..Category: Property Law | Date: | Hits: 45
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......observed; In the present case admittedly the 1st party claimed his right in the shop premises and prayed for drawing up of a proceeding under section 145 Cr.P.C. and attachment of the premises and appointment of a receiver consequently to remove the second party from possession, who is admit..Category: Criminal Law | Date: | Hits: 75
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