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Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....he Rules provides for the manner of calling special meeting for removal of Chairmen (Rule 4) and Rule 8 stipulates that minimum four-fifths of the total number of representative members must pass the resolution for removal in such special meetÂing. Rule 4 says not less than two-thirds of the total ...... in an Allahabad case in Mangla Prasad Vs. District MagisÂtrate A.I.R. 1971 All 77(FB) where it was observed that the meaning of the word "total number of memÂbers" is quite plain. It can hardly be disputed that the words "total" and "whole" are synonymous. The dicÂtionary meaning of the word "wh..Category: Election Law | Date: | Hits: 128
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ...... execution of the sentence is not the duty of the appellate court and that specific proÂvision has been made in the Code of Criminal ProceÂdure for realisation of fine. The learned Counsel does not dispute that mere pendency of an appeal is not a ground for releasing the appellant on bail and conÂ..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......ot be left in the lurch indefinitely. Even if the prayer for stay was granted it ought to have been for a reasonable time for the suit to be disposed of Mr. Mahmudul Islam, learned Advocate, does not dispute this proposition and, therefore, prays that some more time may be allowed to the appellants ..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....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. ......ideration in both the suits. Though the learned Judges of the High Court Division expressed grave doubt as to its very admissibility, Mr. Ranadhir Sen, learned Counsel for respondents No. 5, does not dispute that this judgment, Ext. 7(d), is relevant in the present suit; but he contends that its evi..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......ed in appeal by the Additional District Judge by judgment dated 31 January 1981 with an additional finding that Aidhar Sk. had no daughter named Unar Ma, but 'Unar Ma' the ostensible executant of the disputed kabalas, was a fictitious person invented by defendant No. 1 who could not bring any witnes..Category: Others | Date: | Hits: 106
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......Ahmed J M.H. Rahman J A.T.M. Afzal J Nazir Ahmed………………Appellant Vs. Bangladesh Election Commission & ors.........Respondents Judgment December 14, 1988. Election dispute The learned judges of the High Court Division finding the result of the election controve..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....nce over settlement of private disputes. (b) all election disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itÂself for their resolution. (c) almost invariably there will arise dispute over facts which cannot and should not...... Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. Thi..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... defaulted in repaying the loan taken by him from any specified Bank within the time allowed by the Bank thereon."
Explanation to the enactment gives the list of the specified Banks. It is not disputed that two Banks referred to above are specified Banks.
4. Mr. Khandker Mahbubuddin Ahmed ..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... may be granted to the emÂployee of a statutory body who has brought an action challenging an order of his removal from service or even reversion from higher post to lower post. There cannot be much dispute with this broad proposition but the question in every case will be whether in the facts of t..Category: Employment/Service Law | Date: | Hits: 89
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......had his original home at 200/300 yards away from the place of occurrence. P.W. 2 stated in cross-examination that Yasin constructed the new house at the place of occurrence 17/18 days back and that a dispute had been going on between his brother and the accuseds for last 8/9 months. P.W. 6 Hatem Ali..Category: Criminal Law | Date: | Hits: 53
....t, therefore, this appeal is allowed and it "is remanded to the High
Court Division for disposal in accordance with law.
Ed.
This Case is also Reported in: 37 DLR (AD) (1985) 38.
......d, (b) decision (c) sentence for offence under the Ordinance. “Award” which
has been defined means the determination by a Labour Court arbitrator or
Appellate Tribunal of any industrial dispute or any matter relating thereto and
includes an ad interim award. Clause (XIII) defines that..
Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......ent, it was found that the award was made by the latter. As regards the point that the arbitration was beyond the subject matter of reference, the learned Subordinate Judge held that the dispute having arisen on the respective claims of the respondent for the amount of Tk. 94,521.39 an..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......y, it refers to the outstanding dues of the Sonali Bank and the suit pending in the Court for its recovery. Thirdly, it records the assurances of Mr. M.M. Ispahani that the company would sort out its disputes with the Bank. 51. For reasons best known to Mr. Ispahani, no dispute was raised as to ..Category: Civil Law | Date: | Hits: 110
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necesÂsary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......since 28-8-1973." 5. In the petition for amendment it was stated that the amendment was necessary to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was mentioned further that no new ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......nt Judgment August 24, 1984. The Code of Criminal Procedure, 1898 (V of 1898), Section 345 The Contract Act, 1872 (IX of 1872) The law encourages settlement of dispute, either by Panchayet or by Arbitration or by way of compromise and if it is a Criminal offe..Category: Property Law | Date: | Hits: 42
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ...... whether in the facts and circumstances of the case as appeared from the record the order of remand was warranted and justified. 5. Mr. Abdul Hannan, learned Advocate for the appellants, does not dispute the finding of the learned Single Judge that the appellants were not entitled to claim the r..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur RahÂman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......as been amply proved by the oral evidence as well whereas the appellate Court below had found the possession in favour of the defendant by saying "not known, what capacity". When a dispute is brought before the Court for adjudication, it is necessary for the Court to come to conc..Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....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. ......ivision; but on careful examination, it is found that the question of exclusive use of the fund for religious and charitable purposes is not a contentious issue in the instant case since it is not disputed by the Revenue that the income from the business of these five launches was wholly ap..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......nd imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6) Lawyers Involved: Fazlul Karim, Sen..Category: Others | Date: | Hits: 93
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