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Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

....ection in the said centre but the Presiding Officer counted the votes and submitted a result in TA Form. At the instance of the appellant, the Election Commission held an en­quiry through the Deputy Commissioner, Comilla and then directed the District Election Officer, Co­milla to obtain the elect.................................................Appellant Vs. The Election Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The ap..

Category: Election Law | Date: | Hits: 125

Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the applica­tion of the appellants, an Advocate Commissioner was appointed for local inspection by order dated. 11.11.86. Respondent No.1 who is def......rs Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented. — Respondent Nos. 2-26. Civil Appeal No. 25 of 1987. (From the Judgment and Order dated 11th De­cember, 1986 passed by the Hig..

Category: Procedural Law | Date: | Hits: 94

Nurul Islam (Md) Vs. Election Commis­sion & others, 1989, 18 CLC (AD)

....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......ucted by Md. Aftab Hossain, Advocate-on-Record.—For the Appel­lant. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 10. Not represented. —Respondent Nos. 1—9. Civil Appeal No 25 of 1987. (From the judgment and order dated 11th De­cember, 1986 passed by the Hig..

Category: Election Law | Date: | Hits: 114

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

....udgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without taxing into con......mmittee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondents. Civil Appeal No. 160 of 1983. (From the judgment and order dated 28.3.83 passed by the High Court Divis..

Category: Employment/Service Law | Date: | Hits: 80

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 with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......Record—For the transposed Appellant Nos. 3-5. Mahmudul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not represented-Respondent No.2. Civil Appeal No. 10 of 1988. (From the judgement and order dated 18 Febru­ary 1987 passed by the High ..

Category: Procedural Law | Date: | Hits: 132

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

.... 4-4-83 was passed in Title Suit No. 45 of 1983 in which, however, the complainants party namely, the Engineering Works were not a party; it was filed against the Government and the Additional Deputy Commissioner (Revenue). In Title Suit No.67 of 1969 filed by the complainant's party, their applicat......y Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. A.W. Bhuiyan, Additional Attorney General, in­structed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent. Criminal Appeal No. 16 of 1987. (From the judgment and order dated 17 Novem­ber, 1985 passed by the High ..

Category: Criminal Law | Date: | Hits: 39

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......vocate-on-Record.—For the Appellant. M. Nurullah, Senior Advocate (Mozammal Hoq Bhuiyan, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Re­spondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court ..

Category: Banking Law | Date: | Hits: 99

Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)

.... of a modern progressive Society, an educational institu­tion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......er. Mahbubey Alam, Advocate in­structed by Md. Sajjadul Huq, Advocate-on-Record. — For the Respondent No. 1. Not represented —Respondent Nos. 2-3(a). Civil Petition for Special Leave to Appeal No. 212 of 1986. (From the judgment and order dated 21.5.86 passed by the High Court Divis..

Category: Family Law | Date: | Hits: 157

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......ing dead their heirs: Nur Hossain and others.......... ......................Appellants Vs Bangladesh and others.....................Respondents Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV ..

Category: Property Law | Date: | Hits: 35

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......hman J ATM Afzal J Waliullah and another............................Appellants Vs Abdul Wahab and others.................Respondents Judgment December 12, 1988. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order..

Category: Property Law | Date: | Hits: 32

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dis­missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......t Nos. 1-3, 4 (a) to 4 (f), 5 (b), 6 (a) to 6 (g), 7 (c) to 7 (d), 8 (a) to 8 (d), 9 to 11, 12 (a) to 12 (d), 13 (a) to 13 (c), 14 and 15. Ex parte—Respondent Nos. 5 (a) & 16 to 23. Civil Appeal No. 132 of 1984. (From the Judgment and decree dated 3.5.84 passed by the High Court Divis..

Category: Property Law | Date: | Hits: 45

Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)

.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......e, instruct­ed by Md. Aftab Hossain, Advocate-on- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal Appeal No. 36 of 1986. (From the judgment and order dated 24th Au­gust, 1986 passed by the High ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......Involved: B. Hossain, Assistant Attorney-General instruct­ed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the High Court Divisi..

Category: Criminal Law | Date: | Hits: 43

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. ......ker Mahbubuddin Ahmed, Senior Advo­cate (Mrs. Rabeya Bhuiyan, Advocate with him), instructed by M. Nowab Ali, Advocate-on-Record.—For Respondent No. 1. Ex-parte—Respondent Nos. 2-10. Civil Appeal No. 27 of 1988. (From the judgment and order dated 29.8.88 passed by the High Court Divisi..

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 ...... Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellant. Abu Backkar, Advocate-on-Record.—For the Respondent. Civil Appeal No. 13 of 1986. (From the judgment and order dated 3rd April, 1985 passed by the High Cour..

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 ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ppellants. Hasan Arif, Deputy Attorney General, (Fakhrul Islam, Assistant Attorney General with him), in­structed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent (State). Criminal Appeal No. 5 of 1988. (From the judgment and order dated 20 July 1987 passed by the High Court Di..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ...... instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellant. B. Hossain, Deputy Attorney General, instructed by A.W. Malik, Advocate-on-Record—For the Re­spondent. Criminal Appeal No. 1 of 1988. (From the judgment and order dated 9 July 1987 passed by the High Court Div..

Category: Criminal Law | Date: | Hits: 41

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......n-Record-For the Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record- For the Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 32 of 1987. (From the Judgment and order dated 10th Febru­ary, 1986 passed by the Hig..

Category: Criminal Law | Date: | Hits: 47

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......structed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal Appeal No. 16 f 1988. (From Judgment and order dated 14th March, 1988 passed by the High Court Di..

Category: Criminal Law | Date: | Hits: 44

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 ......r Advocate, Gour Gopal Saha, Advocate (with him), instructed by Abdul Baset Majumder, Advocate-on-Record-For the Petitioners. Not Represented.-Respondent. Criminal Petition for Special Leave to Appeal No. 117 of 1986. (From the Judgment and order dated 14.7.86 passed by the High Court Divis..

Category: Criminal Law | Date: | Hits: 44