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Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....t No. 1. B. Hossain, Advocate-on-Record - For Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.) J......on. As for the contention whether the writ jurisdiction could be invoked in the election disputes when the law has provided for machinery for adjudicating the same by the Election Tribunal from whose decision an appeal and revision lay before the superior Courts, I would rather reserve my opinion fo..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....te -on-Record-For the Appellant S. R. Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Civil Appeal No. 68 of 1986. (From the Judgment and order dated 4.5.86 passed by the High Court Division, Sylhet, in Civil Revision No. 116 of 1982.) Judgm...... rent for 9 months together." 7. Being aggrieved the plaintiff preferred a revisional petition and upon hearing the parties in Civil Revision No. 116 of 1982 the learned Single Judge reversed the decision of the trial court and decreed the plaintiffs suit. It was observed that "such conduct coul..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....ted by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revision Case ......airman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upholding the decision of the Election Tribunal), confirmed in appeal, declaring the election of the petitioner ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....id, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement dated 2-8-83 passed by the High Court Division, Jessore Bench in Second Appeal No. 280 of 197......is a ground for interference, but misappreciation of evidence is not. A finding which is inconsistent with the evidence on record must call for interference in second appeal. Again, if a decision of the lower appellate court consists of both oral and documentary evidence but ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....te with him) Sayed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 10 & 11. Ex Parte—the Respondent Nos. 2—9. Civil Appeal No. 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 26 (C...... No. 26 (C) of 1982.) Judgment Fazle Munim CJ.-I have gone through the judgments proposed to be delivered by my learned brothers Badrul Haider Chowdhury and MH Rahman JJ; and I concur with the decision of my learned brother MH Rahman J. Badrul Haider Chowdhury J. - I regret that I could ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....r the Respondent No. 1. Dead—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgment and decree dated 30th March, 1983 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 454 of ...... 3 and 4 supported the plaintiff's case and that defendant Nos. 1, 3 and 6 did not come to contest that case the trial Court decreed the suit. 5. The appellate Court, however, reversed the decision of the trial Court and dismissed the suit on the following findings: that the plaintiff, e..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, Assistant Attorney General-Amicus Curiae. Civil Appeal No. 1 of 1986. (From the judgment and order dated 28-3-85 passed by the High Court Division, Dhaka, in F.A.T. No. 86 of 1985.) Judgment ......xceed Tk. 15, 000/-, the increase by 15% cannot also go beyond Tk. 2, 250/-. That is why by application of section 35A the proper court-fee has been raised to Tk. 17,250/- by the Taxing-officer whose decision has been upheld by the High Court Division. But the question is whether section 35A wil..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....te with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appeal Nos. 57 and 58 of 1986. (From the judgment and order dated 7-8-86 & 3-9-86 passed by the High Court Division, Dhaka, in Company Matter No. 27 of 19......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the Respondent Nos. 2—6. Civil Appeal No. 17 of 1985. (From the Judgment and Order dated 4.3.84 passed by the High Court Division, Chittagong in First Appeal No. 28 of 1970.) ......he Government was not impleaded in the suit and on this ground too the decree must be held to be unenforceable against the Government. 14. The contention, as it now appears and requires our decision, is one of interpretation of the effect of the provisions of section 3 of the Act of 1974 ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....r the Appellant Abdul Malek, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 36 of 1985. (From the judgment and order dated 20 June 1984 passed by the High Court Division, Rangpur Bench, in Death Reference Case No. 1......bsp; M. H. Rahman J.—I have gone through the judgments proposed to be delivered by my learned Brothers Shahabuddin Ahmed and A. T. M. Afzal, JJ; I concur with the decision of A.T.M. Afzal J. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....hman, Senior Advocate (Fakir Abdul Mannan, Advocate with him) instructed by Serajur Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No. 3 of 1986. (From the Judgment and Order dated 11-9-85 passed by the High Court Division, Dhaka in Civil Revision No. 506 of 1985.) Judg......ondents fall within the classification of 'new entrants'. The learned Single Judge of the High Court Division on a revisional application under section 115 of the C.P.C. did not find any error in the decision of the appellate Court and as such refused to interfere therewith. 25. Mr. Asrarul Hos..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (From the judgment and order dated 17.11.1983 passed by the High Court Division, Comilla Bench, in Criminal (death) Reference......on as well as against the person who makes such confession." The explanation says offence includes the abetment of or attempt to commit the offence. 22. It is unnecessary to go into long line of decisions which has firmly settled that such confessional statement can be taken into consideratio..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1915.) ......rocedure Code and also having regard to the facts of the present case he submitted that their inclusion was not at all necessary. In support of his contentions the learned Counsel relied on a decision of this Court in Civil Appeal No. 21 of 1986. 5. On the other hand, Mr. Rafique-ul-..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 38 of 1986. (From the judgment and order dated 26-6-1986 passed by the High Court Division, Dhaka Bench, in Company Matter No. 21 of 1986.)......early Intended to pass off the respondents, business as that of the appellant-company and as such. It is a clear case of 'passing-off'. In support of this contention he has relied upon a number of decisions. Before we consider them we propose to see what is meant by "passing off" ..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
.... Syed Sakhawat Ali, Advocate-on-Record.—For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. 2 and 4-6. Civil Appeal No. 91 of 1984. (From the judgment and order dated 14th November, 1983 passed by the High Courts Division, Dhaka in Civil Revision No. 248 of 1......ia 27 1C 703. The first case has no relevance. The Court's power to admit an appeal under section 5 of the Limitation Act after the expiry of a period, prescribed by a special law came up for decision in that case. The decision reported in 27 I.C. 703 is worth quoting for its admirable brev..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....Senior Advocate, M.R. Wahab Mia, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 3. Civil Appeal No. 36 of 1986. (From the judgment and order dated 23.4.1986 passed by the High Court Division, Dhaka Bench in Writ Petition No. 179 of 1985.) ...... 40 pages the question whether contractual obligations should be enforced in the writ jurisdiction and whether equity of promissory estoppel should be attracted in the facts of the case. 19. A decision is to be given on the facts litigated upon and any other observations are to be avoided w..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....vocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. Nurul Huq, Advocate on Record—For the Respondent. Civil Appeal No. 6 of 1985. (From the judgment and order dated 21-8-84 passed by the High Court Division, Dhaka, in Civil Revision No.3 of 1984). Judgmen......he got no title or interest in the land independent of her husband but nevertheless she obstructed the plaintiff's men in the erection of a boundary wall. On these findings the suit was decreed. This decision was challenged by the defendants by a revisional application before the High Court Divisi..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
.... A. Gafur, Advocate-on-Record—For the Respondents No. 3. Ex parte—For Respondent Nos. 1—2 and 4. Civil appeal No 79 of 1984. (From the judgment and order dated 7th January, 1982 passed by the High Court Division in S.A. No. 305 of 1978.) Judgemen......the impartible property clearly indicated that the plaintiff had at no point of time raised any claim or had any possession in the suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....te, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Respondent. Civil Appeal No. 15 or 1983. (From the judgment and order dated 11th January 1984 passed by the High Court Division Dhaka Bench, in Application No. 24 of 19......uot;for the loss of your office as an agency to the Company." It is well settled that a case law is to be understood in the light of the facts of the given case. The Privy Council in that decision pointedly referred "once it is admitted that they were sums received not for carrying..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....ahab Miah, Advocates with him), instructed by Syed Sakhawat Ali, Advocate on Record-For the Respondent Nos. 2-6. Civil Appeal No. 37 of 1985. (From the Judgment and Order dated 22-8-4 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 98 of......rict Judge'. In 1965 by an amending Ordinance the definition of the term ‘loan’ was inserted which included a guarantee. This amendment could not however, be relied on as the decision of the High Court was given before this amendment was made, Even so, the Supreme Cour..Category: Business or Commercial Law | Date: | Hits: 100
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