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Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....ths on 10.7.1988. It is an admitted fact that first installment of payment of loan was due on 31st March, 1987 but respondent No.1 did not pay that installment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and not a part ...... person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. ReturnÂing Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..Category: Election Law | Date: | Hits: 124
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......tric Supply Corporation Ltd. V. CIT (West Bengal) (1951) XIX ITR, 406; LiquidaÂtors of Pursa Ltd. V. Commr. of Income Tax AIR 1954 SC 253; I. T. Comm. V. ExÂpress News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......pre-emption petition was within time……………(11) Cases Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recordâ€..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....iking off the Execution Case having been refused, a reviÂsion was taken to the High Court Division, Dhaka. A Division Bench by the impugned judgment and orÂder dated 20 February 1989 discharged the Rule in Civil Revision No. 742 of 1987. This appeal by leave is from the same. 2. Facts of the ca......t and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..Category: Civil Law | Date: | Hits: 113
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......V. Minister of Pensions and NaÂtional Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. BankÂing Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. AbÂdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..Category: Labour and Industrial Law | Date: | Hits: 111
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this convicÂtion cannot be sustained. In the result, the appeal is allowed. The orÂder of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ing the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..Category: Anti-Corruption Laws | Date: | Hits: 125
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
...........………………....Respondents Judgment August 29, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for pa......ion to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....ment ATM Afzal J.- This appeal by the deÂfendants following leave is from Judgment and Order dated 10 November, 1988 passed by a Division Bench of the High Court Division, Dhaka dischargÂing the Rule in Civil Revision No.324 of 1988 and upholding the judgment and decree of the lower apÂpellate......IR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. GovÂernment of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Adv..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....nother......…………………………………Respondents Judgment March 8, 1989. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 439 Rules of the High Court Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application c......e year is beyond jurisdiction of a single bench of the High Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court ReÂports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......n when court of Settlement was not constituted High Court Division was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— ..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly ......hly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of the Union Parishad (election) Rules, 1983 in directing re-election…………………..(7) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—Fo..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......ve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Rec..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligation and not a moral obligation………………..(7) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior AdvoÂcate (Mahbubey Alam, Advocate with him..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... takes preventive, remedial and curative measures. Prayer for injunction was rightly rejected……………….(16) Cases Referred to- AIR 1988 (SC) 2211; AIR 1987 (SC) 359; AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....os. 40 and 61 of 1989. (From the judgment and orders dated the 14th February and 23rd March, 1989 passed by the High Court Division, Chittagong Bench in Civil ReviÂsion No. 16 of 1989 & Civil Rule No. 128 of 1989 respectively). Judgment MH Rahman J.- These two appeals were heard one af......C. 696; Ormond Investment Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election TriÂbunal, Bhola and others, 38 DLR (AD) 172; Payne V. Bradley [1962] A.C. 343. Lawyers Involved: Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record ..Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....ion 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 appellant is not entitled to raise the question of repoll for the first ti......rected consolidation and acceptance of the result as submitted by the Presiding officer, the High Court Division could not sit on judgement over it and direct repoll………………………(5) Lawyers Involved: Md. Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......…………………………….(5) Cases Referred to- ÂA.H. Chowdhury Vs. M. Hossain & ors BCR 1984 (AD) 532; Abu Ahmed A. Hafiz & ors Vs. M.A. Hoque Shirajee 1983 BLD (AD) 193. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Md. Aftab Ho..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
..................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the......athered from the report of the presiding officer, the High Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—F..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..............Appellant Vs A.N.M. Serajul Haque beÂing dead his heirs: Jahibul Hoque and others..................Respondents Judgment 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 ..Category: Employment/Service Law | Date: | Hits: 80
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