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Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ere is no satisfactory evidence by any independent witness about defence story of possession from 1947 and 1950 but nevertheless there is no evidence to show that the certificate-debtors or any other persons except defenÂdants were in possession of the suit land prior to the auction-purchase by the..Category: Property Law | Date: | Hits: 66
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ...... booths on religious plea. Opposite party No.1 also intimidated some of the voters who came to cast votes in favour of the petitioner. He also managed to cast in his favour about 40 votes of the dead persons as well as the persons living abroad. The agents of the petiÂtioner were also driven away a..Category: Election Law | Date: | Hits: 163
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......exceeding three months or with fine not exceeding Taka one thousand or with both.
(2) No Court shall take cognizance of an ofÂfence under sub-section (1) except on complaint made-by the aggrieved person."
7. It is clear that the jurisdiction of the Labour Court under section 26 is not attract..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......n petition shall be presented in such manner as may be prescribed to the Election Tribunal appointed under section 27. 8. As to Webster's dictionary election means the act or process of choosing a person for an office, position or membership by voting. Election which is an essential part of the d..Category: Election Law | Date: | Hits: 207
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......he house. It has been asserted that during the war of libÂeration and afterwards the whereabouts of the owner were not known and the owner ceased to manage, suÂpervise and control the said house in person. Hence the Government rightly took over the said property as abandoned property. On the appli..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......and his mother's brothers and sister from the said property by evicting the care taker. In that view of the matter, the petitioner's mother, her brothers and sisters, who are all respectable educated persons, on their own accord filed a suit, being Title Suit No.82 of 1978 in the 1st Court of Subord..Category: Criminal Law | Date: | Hits: 77
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......oint the learned Counsel submitted that in the instant case the caterer having performed his function in full to the satisfaction of the Railway Authority and he having not found to be an undesirable person, serving unwholesome food to the ordinary citizen, his right to such service during his contr..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ce started the case, came to the place of occurrence, seized the alamats, prepared seizure‑lists and on completion of the investigation submitted charge‑sheet on 8.12.88 against all the 8 accused persons including the appellants under sections 397/395/412 of the Penal Code. It may be noted that ..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......of occurrence was Chitalmari Hat day. Many businessmen came to purchase paddy on the Hat Day. He came lo the place of occurrence after about half an hour of the seizure of paddy. There were about 100 persons. Accused Shah Alam told that he asked his Dalal lo purchase local paddy and that he would no..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......rvice return without any explanation of the serving peon therein in that respect goes a long way to show that the proÂcess was suppressed. He submits that the process server would have been the best person to explain such deficiency in the service return and the learned Judge has very rightly comme..Category: Procedural Law | Date: | Hits: 65
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......uthority must always keep in view Article 33(5) of the ConstituÂtion which provides that the authority making the order for preventive detention shall, as soon as may be, communicate to the detained person the grounds on which the order of detention has been made and the legislature in section 8(2)..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... concerned enabling him to make effecÂtive representation is a mandatory provision of law and also the Constitution. Sub-Article (5) of Article 33 of the Constitution reads as follows:- "When any person is detained in pursuance of an order made under any law providing for preventive detention, t..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......or legality of the sentence. The right of appeal of a convicted accused is taken away if the Court has accepted the plea of guilty and convicted him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against hi..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......s. State reported in 49 DLR 630 and the case of Sher Ali Vs. State reported in 46 DLR (AD) 67. In those cases it was held that only in case of no evidence or where allegation made against the accused persons do not constitute any offence interference can be made under section 561 A of the Code of Cr..Category: Criminal Law | Date: | Hits: 87
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......indirectly, made any move or gesture to influence or compel the Court to act against the accused of the case. 9. Learned Assistant Attorney General submits that in a democratic system when any VIP person like MP Whip or Minister in charge visits the District the District Administration is duty bo..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......proach of the Court below. 9. It is true that when a document is registered it has a presumption under section 114(e) of the Evidence Act that the same has duly been executed and registered by the person shown to be the executor. And section 92 of the Evidence Act also prohibits admission of oral..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....n accordance with the evidences on record, rather PW 5 Ali Akbar stated that he was present at the time of inquiry but the Managing Committee could not prove the allegations satisfactorily before the Inquiry Committee. He further submits that though the service of the plaintiff is not regulated acco......ee was formed to inquire into the allegations made against him and he was directed to appear before the committee on 29‑05‑1996. The committee conducted the inquiry in presence of the 2 nominated persons of the plaintiffs on 25‑06‑1996 and the committee by their unanimous report on 05‑09â€..Category: Employment/Service Law | Date: | Hits: 96
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... his first contention Mr. Hafizullah referred me to the following passage from Carver's "Carriage by Sea" (12th Ed) Para 1040. "The shipowner must generally see that the goods are delivered to the person to whom he has contracted to deliver them. That is to say as a rule to the person named as em..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... the learned Advocate appearing for the appellant, submits that unless the word debtor is defined then its ordinary dictionary meaning should be taken and the ordinary meaning of the word debtor is a person who owes money to another. Section 10 has not given the power to the Court to adjudicate any ..Category: Civil Law | Date: | Hits: 83
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......equired to file an application for proportional pre‑emption under section 96(5)(b) of the State Acquisition and Tenancy Act 1951 as the purchaser pre-emptee is not a stranger to the case land but a person holding land contiguous to the case land. He further argues that it is particularly not neces..Category: Property Law | Date: | Hits: 79
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