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Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)

.... has been closed. By two separate orders in the two Election Tribunal cases the Election Tribunal ordered re-counting of votes to arrive at a decision as to whether votes cast in favour of one candidate were counted in favour of the other. 3. The petitioner Ansaruddin Ahmed of CP No. 194 ......our of the petitioners. In both the two cases, evidence has been closed. By two separate orders in the two Election Tribunal cases the Election Tribunal ordered re-counting of votes to arrive at a decision as to whether votes cast in favour of one candidate were counted in favour of the other. ..

Category: Election Law | Date: | Hits: 120

Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)

....mmissioner, Manikganj, challenged the decision in revision, (Civil Order No. 982 of 1991); but it was summarily dismissed by a learned Single Judge of the High Court Division by the impugned order dated 27 March, 1991. Petitioner is now seeking leave to appeal from the said order. 2. Mr. ...... suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc. The suit was decreed by the trial Court namely, the Assistant Judge, Manikganj, and his decision was upheld by the District Judge. Thereupon defendant No. 5, Additional Deputy Commissione..

Category: Property Law | Date: | Hits: 62

Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)

....s deposited along with the application. Section 7 provides that an aggrieved person may appeal against the judgment or decree of an Artha Rin Adalat to the High Court Division within 30 days from the date of judgment or decree, provided that no appeal shall lie against an interlocutory order of an A......y exclusion indicated therein, as in section 6, it will include a remedy under the general law. 23. Our view is, that in this case it matters little whether the High Court Division arrived at its decision on the counter-claim by way of revision or writ, because the counter-claim was not patently..

Category: Banking Law | Date: | Hits: 168

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

....vocateĀ­ -on-Record -For the Respondent (State). Aminul Huq, Attorney-General- Amicus Curiae. Not Represented -Respondent No. 2. Criminal Appeal No.8 of 1993. (From the Judgment and Order dated 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgment: ......lleged to have been made either on the basis of any agreement, or as a consideration for, the marriage. It was contended that this case involves a question of public importance in view of conflicting decisions of the High Court Division Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, 37 DLR 227 and Rezau..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....r Rashid Gazi, Advocate, Supreme Court, instructed by MG Bhuiyan, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 63 of 1993. (From the judgment and order dated 30 October 1992 passed by the High Court Division, Dhaka in First Miscellaneous Appeal from ...... within time. But the question, is what has been done or what can at all be done on an application under section 152 of the Code. The scope and purpose of this section are very limited and the decision on a successful application under this section cannot materially affect the decree except..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....on-Record – For  the Respondent No. 1. B. Hossain, Advocate-on-Record - For the Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1992. (From the Judgment and Order dated 3.8.92 passed by the High Court Division in Writ Petition No. 330 of 1987). Judgment: ......in consonance with law on being fully satisfied that there are compelling reasons for re‑hearing of the Rule in presence of both sides. 7. Both the learned advocates cited a number of decisions in favour of their respective submissions of which only the relevant ones will be taken i..

Category: Procedural Law | Date: | Hits: 102

Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)

.... premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit promi......ourt. As a proposition of law the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it difficult to accept the challenge to the soundness of the learned Judge's decision. As has been observed that if the first question of the leave order does not stand, the s..

Category: Civil Law | Date: | Hits: 134

Secretary, Min of Ind., Nationalised IndĀ­ustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)

....tioner. 3. In pursuance of the Government decision to release the Mills in favour of the Bangalee shareholders volume of correspondences was made by the parties. The perusal of those letters dated 18.6.77 Annexure‑C, 21.6.77 Annexure‑D, and the letter dated 11.1.77, 19.4.77, 4...... was challenged by an earlier Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand over the specialised textile mills to the Bangalee share-holders/ow..

Category: Constitutional Law | Date: | Hits: 157

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....ocate instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 3 & 4. Not Represented - Respondent Nos. 2 & 5. Civil Appeal No. 64 of 1993. (From the Judgment and Order dated 26.4.93 passed by the High Court Division in Writ Petition No. 3901 of 1992). Judgment ......titution. If both sides are to say who pays the teachers, how much are the tuition fees and how much are the donations and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself into a Court for de..

Category: Property Law | Date: | Hits: 86

Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)

....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......he execution case. Being aggrieved, the Appellant filed the aforesaid Second Miscellaneous Appeal before the High Court Division which upheld the judgment of the first appellate Court. Against the decision of the High Court Division the appellant moved this Court and obtained leave to appeal on ..

Category: Property Law | Date: | Hits: 70

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....nstructed by Sharifuddin Chaklader, Advocate-on- Record- For Respondent No.1. Not Represented - Respondent Nos. 2 -13. Civil Appeal No. 67 of 1993. (From the Judgment and Order dated 22.6.93 passed by the High Court Division in Writ Petition No. 1389 of 1992). Judgment......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..

Category: Election Law | Date: | Hits: 136

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

....ected the right, title, interest and possession of the plaintiffs. The defendants, however, will be at liberty to withdraw the amount of Taka 5000.00 which was deposited in court vide Order No. 33 dated 17.1.61 and the balance amount to be paid within 6 months from the date. There ......ir affecting the interest of his wards he must be held to be guilty of negligence. Where negligence is established liability follows for all resultant consequences." In that decision the Full Bench surveyed the case laws on the subject and came to the conclusion that a dec..

Category: Property Law | Date: | Hits: 130

Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

....d by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appeals. Ex Parte - Respondents in both Appeals. Civil Appeal Nos. 74 and 75 of 1989. (From the judgment and order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 147 of 1......payment of salami, etc. which is a totally new case of permanent tenancy in place of monthly tenancy, and further whether the learned Single Judge of the High Court Division correctly appreciated the decisions reported in 9 DLR 217 and 26 DLR 205. 8. It appears from the judgment of the High Court..

Category: Tenancy Law | Date: | Hits: 81

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent Nos. 2-5. Civil Appeal No. 52 of 1993. (From the judgment and order dated January 6, 1993 passed by the High Court Division, Dhaka in Civil Revision No. 954 of 1991). ...... the Managing Committee of the Appellant School, requested him to allow his relation Rehana Yasmin, to appear in the SSC Examination, though she fared very badly in the test examination. In view of a decision of the School Committee the plaintiff could not allow that student to appear in the SSC Exa..

Category: Employment/Service Law | Date: | Hits: 101

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....the appellant along with others was tried by the Special Martial Law Court No. 4 at Comilla under sections 147/148/149/448/380/323 of the Penal Code and eventually discharged by judgment and order dated 4.3.84 on the ground, among other, that the case was of a Civil nature. Upon review 6 the sai......desh Supreme Court Digest, 1980‑81 Vol. 111, Page‑94. The same case is now reported in 43 DLR (AD) 104. The learned Judges of the High Court Division found themselves bound by the said decision but even then the Rule was discharged upon the view that the jurisdiction of the Court to ..

Category: Constitutional Law | Date: | Hits: 174

Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)

.... Nurul Huq, Senior Advocate (Khairul Haque, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record -For the Respondent. Civil Appeal No. 90 of 1993. (From the judgment and order dated 2.9.93 passed by the High Court Division, Dhaka in Civil Revision No. 2291 of 1990). Judgme......y Act was necessary prior to the institution of the suit as the tenancy of the defendant was terminated by efflux of time. 5. The learned Single Judge of the High Court Division took notice of the decision in the case of Pradhip Das alias Shambu and others Vs. Kajal Das Sarma and others, 44 DLR (..

Category: Tenancy Law | Date: | Hits: 87

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

.... construction can be given without straining or violating either the language or the intended meaning of the law. The Government servant may file a case before the Tribunal within six months from the date of the appellate authority's decision. In case of an order subject to review, unlike the one su...... straining or violating either the language or the intended meaning of the law. The Government servant may file a case before the Tribunal within six months from the date of the appellate authority's decision. In case of an order subject to review, unlike the one subject to appeal, there is no such ..

Category: Administrative Law | Date: | Hits: 129

Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)

....on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1993 passed by the High Court Division in Appeal From Original Decree No. 771 of 1......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..

Category: Civil Law | Date: | Hits: 122

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....im), instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record. For the Respondent (in both the appeals). Civil Appeals Nos. 43 and 44 of 1993. (From  the judgment and order  dated 6 September 1992 passed by the High Court Division in FMA Nos. 695 of 1991 and 21 of 1992 res......r a doctrine known as doctrine of “implied term of the Agreement” the Arbitrator got power to award interest on his award. In support of their views, they referred to a great number of decisions from English and Indian Jurisdictions, in particular a decision of the Court of Appeal in..

Category: Business or Commercial Law | Date: | Hits: 98

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....e, (appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 523 of 1993. (From the Judgment and Order dated 31st October, 1993 passed by the High Court Division in Civil Order No. 3032 of 1993). Jud......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91