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Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....ty Corporation of Chittagong and as such there is no legal embargo for his appointment as Nikah Registrar under Rule 6 of the Muslim Marriage and Divorces (Registration) Rules, 1995. and further, voter list showing the appellant as resident of Ward No. 24 of Chittagong City Corporation was also......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
.... conclusion regarding possession of the plaintiff. The High Court Division also considered the documentary evidence namely Ext.1 a certificate regarding nationality of the plaintiff and Ext. 2 the voter list of the locality prepared in 1973 and came to the finding that Biraj was a national of th......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ..Category: Property Law | Date: | Hits: 51
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... ought to have returned the plaint for filing the same before the appropriate Court. On the aforesaid findings the High Court Division allowed the appeal and thereby restored the suit to its file and number and directed the 5th Court of Subordinate Judge, Dhaka to return the plaint to the filing lea..Category: Civil Law | Date: | Hits: 130
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... requited is to see whether the exposition of law has rightly been made in Ayani Dasi's case 12 DLR 603 or it requires reconsideration and restatement, in view of the Privy Council decisions in a number of cases, namely, Nawab Sikander Begum vs. Julfikar Wali Khan AIR 1938 (PC) 38; Faridun Nesa ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......e President's Order Nos. 88 and 136 of 1972 and No. 24 of 1973 whereby provisions of section 95 of the Act have been amended and a new section being section 95A has been inserted in the said Act. A number of writ petitions were filed and the High Court Division disposed of these petitions by one..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......Afzal, JJ, in the case of A. Jafar vs. A. Hamid 29 DLR 306. The matter arose out of an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. This case referred to a number of decisions including those of Haji Md. Jayen Ali and Seferaiddi and some unreported cases a..Category: Property Law | Date: | Hits: 55
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......nt 2, Abdul Jalil was declared elected by the Returning Officer defeating his nearest rival Afzal Khan by a merging of 61 votes. 3. The defeated candidate Afzal Khan filed election petition making number of allegations of corrupt and illegal practices in holding the election including improper an..Category: Election Law | Date: | Hits: 136
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......med strenuously argued on this question and he also submitted that an order in violation of natural justice is a void order and as such is a nullity. In support of this proposition he referred to a number of decisions, namely Durayappah versus Fernando and others (1967) 2, AER 152; Anisminic Limit..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......t had considered the point as to whether the arbitration clause in the charter party could be read as incorporated into the Bill of Lading, whether it is applicable to the contract. After reviewing number of decisions from the English jurisdiction it came to the conclusion that the arbitration cla..Category: Business or Commercial Law | Date: | Hits: 89
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......charged post with effect from 30.11.1972 as a fresh entrant. This is in supersession of para 1 and 2 of this office Order No. 433-E/l PXW (0) dated 16.11.1972 and CPO/ CRE's Office Order of even number dated 1. 1.1973. Consequent upon the above decision, the overpayment made to Mr. M.M. Mor..Category: Employment/Service Law | Date: | Hits: 77
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......he Parishad is to be called for the purpose, (iii) the meeting is called in the prescribed manner; (iv) a resolution to that effect is passed by the votes of not less than two thirds of the total number of members of the Parishad; (v) The resolution is approved by the Prescribed Authority. Pro..Category: Employment/Service Law | Date: | Hits: 108
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......ons 302/34 of the Penal Code. Nine witnesses were examined on behalf of the prosecution and no witness was examined by the defence. Defence case was that Tegu who was a thief was chased by a large number of students and co‑villagers and was killed by unknown assailants and his body was con..Category: Criminal Law | Date: | Hits: 58
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ...... reads as follows: "7(2) A trade union of workers shall not be entitled to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or group of establishment in which it is formed: ..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ublished in the official Gazette on 2.3.92 and respondent No. 5 took oath of office on 10.3.92. He has been functioning as Chairman thereof ever since. 3. The appellant is an inhabitant and voter of the said Union Parishad and it is his case that respondent No. 5 was appointed a Palli rat......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......139 of Mouza Nandanbag, PS Keraniganj. The suit was decreed ex parte onJanuary 9, 1970. On an application by the Government the ex parte decree was set aside and the suit was restored to its file and number on June 23, 1970. After about three years the Government filed written statement and, inter a..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... retirement by way of penalty amounts to removal from service, the respondents are also entitled to protection under Article 135 of our Constitution. The Indian Supreme Court held similar view in a number of decisions in interpreting the corresponding Article 311 of the Indian Constitution in Shy..Category: Administrative Law | Date: | Hits: 114
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......detention is liable to be set aside as it is based on some alleged activities of the detenu which are not at all proximate to the date of order of detention. In this regard reliance is placed on a number of decisions of the Indian Supreme Court. In Sk. Serajul Vs. State of West Bengal 1975 2 SCC ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......of Article 10(l), Government also took a tentative decision to release the enterprise but did not proceed further. Thereupon the respondents filed the writ petition which was allowed giving them a number of relieves, such as the taking over of the enterprise as an abandoned property and the Gove..Category: Property Law | Date: | Hits: 65
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 ...... such activities in future. 8. The third charge was that the said respondent did not rectify his conduct and remained absent from the cashier's desk quite often although he was advised on a number of occasions not to do so. 9. The fourth charge was that on 17.1.88 he came to the of..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....universal application. If, for instance, the total number of votes cast in a Centre exceeds either total number of ballot papers issued to the Centre by the Election Commission or the total number of voters enrolled for that Centre, then the latter may interfere even if everything is reported to hav......the Ordinance as referred to above provides: "Election of Chairman shall be organised, held and conducted by the Election Commission in accordance with rules", and such rules may provide for a number of matters one being circumstances under which poll may be suspended and fresh poll may b..Category: Election Law | Date: | Hits: 117
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