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Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....ion of Sriula Union Parishad which was held on 10.2.88. Respondent No.1 Badruddoza Chowdhury was declared elected and Gazette notification to the effect was made on 15.6.88. 4. Appellant who was a voter of the said UnÂion Parishad filed the aforesaid Writ Petition No. 44 of 1988 by way of quo wa......erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ave saddled the assessee with imÂposition of tax which has been acquired by compeÂtent authority under the law, namely, EPWAPDA Ordinance, 1958 (EP Ordinance 1 of 1958). 13. Mr. Khan relied on a number of decisions of the Indian Supreme Court. In the case of LiquidaÂtors of Pursa Ltd. V. Commr..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... Deputy Commissioner, Bakerganj and a report was submitted (Annexure ‘E’' to Writ peÂtition). The Election Commission in its order obÂserved that it was satisfied from the inquiry report that a number of intending candidates were prevented from filing their nomination papers to contest the pos..Category: Election Law | Date: | Hits: 112
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... 14. As has been noticed that this is a represenÂtative suit which is called' public litigation these days. Courts have expressed their anxiety in such a litigation. The Indian Supreme Court, in a number of decisions, considered the nature of this proceeding. In the case of Sheela Barse Vs. Union..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... whom limitation shall run but to direct the mode of computing time. And if we were to attempt to restrict the meaning of 'absent' in such ways as are contended for, there is probably no limit to the number of suggestions that might be made and, as far as we can see, no reasons for acceptÂing one s..Category: Procedural Law | Date: | Hits: 132
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......ly question is whether the High Court Division was correct in setting aside the order of the Election Commission for publicaÂtion of the result of the appellant. 2. The appellant received highest number of votes in an election of the Office of Chairman of No. 12 Amirabari Union Parishad, Upazila..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......ound some substance in the contentions of the appellant and hence set aside the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its file and number subject to payment of Taka 2,500/- towards the respondent's legal expenses………………â..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......an there, heard the cry of Siraj who had been calling his assailants as "brothers" and recognised the appellant giving blows with kirich, dao, rods and lathis. Their evidence has been challenged on a number of grounds to which I shall refer presently, but one ground is that their recÂognizing the a..Category: Criminal Law | Date: | Hits: 52
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......uch a nature that it is doubtful which of several offences the facts which can be proved will conÂstitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having c..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....(AD) 10 in the main judgment of Shahabuddin Ahmed, J. reference has been made to that case. In that case Hamoodur RahÂman, CJ. observed as follows: "An election dispute is a dispute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the priÂ...... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......length of time. A pre-concert in the sense of distinct previous plan is not necesÂsary to be proved. The common intention to bring about a particular result may well develop on the spot as between a number of persons. All that is neÂcessary is either to have direct proof of prior concert or proof ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... Thana level vide Annexure ‘Y’, (Memo No.GA-VIII 206/1235 dated Dacca, the 23rd December, 1961.) It was also stated therein that the strength of the cadre was provisionally fixed for 450 and this number would be a revised after the Government has been able to assess the requirement in future. It..Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... Article 102 of the Constitution and the High Court exaÂmined the validity of the finding of the Labour Court in its Writ jurisdiction. In the present case the Labour Court on a consiÂderation of a number of documents, namely, the series of applications, telegram and mediÂcal certificate, which w..Category: Labour and Industrial Law | Date: | Hits: 77
.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
...... aggrieved on certain remarks made in the judgment and prays for their expunction, the procedure ought to be that the Advocate against whom remarks have been made shall be the petitioner and the case number and the names of the parties in which the judgment was made shall only be mentioned in the pe..
Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......gredients of the offence for which charge-sheet is being submitted are present or not High Court Division made the following observation in support of its Interference: “It has been stated in a number of cases by this Court that the High Court shall in every case where a charge sheet has been ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......er of Quami Jute Mills, and under coercion he realised bonus for the labourers which they were otherwise not entitled to. It is further alÂleged that the detenu was responsible for arranging a large number of public meetings in various police stations under Serajgonj Sub-division and in one place h..Category: Constitutional Law | Date: | Hits: 408
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... consideration before this Division in the case of Siddique Ahmed Chowdhury and others vs Gani Ahmed and others reported in 33 DLR (AD) 1. (also reported in 1979 BSCR, 375) and after reviewing good number of cases, it has been observed, "On a review of the authorities cited above, it is man..Category: Property Law | Date: | Hits: 30
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... Court struck down an election apportionment schÂeme in which one house was malapportioned by use of an area representation system analoÂgous to the US Senate. While it was contended that the state voters in every country of the State had approved of their malapportioned State Senate, the mal-appo...... the Parliament through single transferable vote, which is not just workable but arbitrary, capricious and contrary to the basic structure of the Constitution due to the following reasons: First, the number 45 is absolutely absurd, unworkable and unimplementable because it is not a number which is d..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....e moot point in the appeal was whether keeping in view the next parliamentary election or, in other words, for the ensuing parliamentary election the Election Commission would prepare a fresh voter-list without having any regard to the existing voter list or the Election Commission would pr......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... the Lieutenant-Governor". The Legislative Assembly of Manitoba enacted the InitiaÂtive and Referendum Act, which in effect would compel the Lieutenant Governor to submit a proposed law to a body of voters totally distinct from the legislature of which he is the constitutional head, and would rende......Constitution. The learned Attorney-General vigorously argued that the petitionÂers have not made out a case as to how the unitary character of the Republic has been affected: 8. It appears that a number of important quesÂtions of public importance have been raised which require authoritative in..Category: Constitutional Law | Date: | Hits: 1934
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