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Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... the petitioner secured 40,265 votes; (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the election and put them in separ......t that decision a writ petition under Article 102 of the Constitution was filed by the appellant. The writ petition was summarily rejected by a Division Bench by a pretty lengthy order, the learned Judges elaborately discussed the case as found by the Tribunal and the findings arrived a..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......t and order passed by the High Court Division in Criminal Revision No. 539 of 1978 refusing quashment of the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of the Sessions Judge, Bakerganj. 2. One Abdul Awal, respondent No. 2 allegedly sent a telegram to the Sessi..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......y Lord Goddard, LC who expressed the view: “If the Court Martial in the present case has not observed the proper rule of procedure, that is a matter for convening officer and, if necessary, the Judge Advocate General to deal with, but is not a matter for this Court which can only interfere w..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... by description and not by sample and observed: "In such circumstances it must be held that the plaintiff failed to prove that the salt was changed.'' Having come to this conclusion the learned Judge on consideration of the evidence observed as follows: "In the above circumstance it must ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Suit No 72 of 1975 in the Second Court of Subordinate Judge, by the first party for specific performance of contract against the appellant and others, w..Category: Criminal Law | Date: | Hits: 39
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... Ruhul Islam J.—This appeal by special leave arises from the judgment and decree of the High Court Division in First Appeal No. 140 of 1965 affirming those of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......—These two appeals by special leave arise from the judgment of the High Court Division dated December 4, 1979 refusing to interfere with the order dated January 14, 1977 passed by the Sessions Judge and Special Tribunal, Kushtia vacating the order, allowing withdrawal of the criminal case a..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ant of Special Leave to appeal preferred by the Appellants against the judgment and order dated 28-7-78 passed by the High Court Division in Appeal No. 8 of 1977 reversing the order of the Company Judge and directing the winding up of the Company. 2. Respondent No.1 Rahimuddin Ahmed, a D..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......h Court Division under Article 102 of the Constitution by filing two separate Writ petitions mainly contending about maintainability of the applications under section 34 of the I.R.O. Learned Judge of the High Court accepted the contention of the employer that the applications under section..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......ideration of several other decisions, held that payment of four months' rent, namely Agrahayan, Pous, Magh and Falgoon of which receipt was granted for three months amounted to default. The learned Judge of the High Court Division, however, did not consider the other ground of default held by the ..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......earned Additional Attorney General that the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Sha..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......udgment: MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......resaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ...... 2. The petitioner's case is that after the case was heard the matter was listed in the day cause list on 18.7.1990 for judgment; that Mr. Justice Kazi Ebadul Hoque, being asked by the presiding Judge Mr. Justice Fazle Hossain Mohammad Habibur Rahman delivered the judgment making the Rule abso..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......t denying the contract. The learned Munsif on consideration of evidence led by both the parties dismissed the suit. The appellant preferred an appeal (Title Appeal No. 36 of 1977) before the District Judge. It was heard by the Subordinate Judge, who by his judgment dated 17th January 1979, decreed t..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ...... raised in the Courts below, it was in the interest of justice considered necessary, when this appeal first came up for hearing before this court on the 15th of August, 1970, to direct the District Judge of Rahimyar Khan to record evidence on this question and to certify that evidence to this Cour..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... East Pakistan, Dacca, dated the 2nd June, 1969 in Criminal Appeal No. 198 of 1967.) Judgment Muhammad Abdullah Jabir, J.— This appeal by special leave arises out of a judgment of a Single Judge of the High Court dismissing the appeal preferred by the appellant Lutfar Rahman against his c..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......enefits in the shape of leave with pay for the period from the 1st June, 1959 till the 29th November, 1959. 5. In his suit, being Title Suit No. 72 of 1964 of the 3rd Court of the Subordinate Judge, Dacca, the plaintiff prayed for a declaration, inter alia, that the Governor's order retiri..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......e defendant No. 1 directed against the judgment and decree of the High Court dismissing the appeal filed by this appellant against the judgment and decree passed ex parte by the learned Subordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for ..Category: Others | Date: | Hits: 103
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... in deposit on her account by the Karachi Stock Exchange Limited. The deposit was described as a forward business deposit. The application was resisted, but on the 7th February 1961, a learned Single Judge of the High Court made an order restraining the defendant:— "from- realising Rs. 15,..Category: Business or Commercial Law | Date: | Hits: 74
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