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Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....directing the re-election. It negatived the contention that the Tribunal could ascertain in whose favour those 10 votes had been cast and could explain those impugned votes for ascertaining as to the relevant valid votes obtained by the individual candidates and the result of the election could be d......der whether the High Court Division was correct in holding that "the Tribunal was perfectly justified in keeping the secrecy of election and was perfectly correct in not trying to find out the ballot papers from the packet of the candidates" and "without breaking secrecy it cannot be ascertained i......owed. Cases Referred To- 17 DLR (1965) 444; Niaz Ahmed Vs. Azizuddin, (1967) 19 DLR (SC) 388=PLD 1967 (SC) 466. Lawyers Involved: Ahmed Sobhan, Senior Advocate, with Nurul Islam Chowdhury and M. Fazlul Karim, Advocates, instructed by Aminul Huq, Advocate-on-Record - For the Appellant. ......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....used-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that Mr. Mozammel Haque, Sub-Inspector of Polic......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we......f the Penal Code. The accused-petitioner has submitted the certified copy of the charge sheet by filing supplementary affidavit on 1-7-2009. It transpires from the charge sheet that so many officials documents were seized during investigation to prove the allegation i.e. entrustment of the relief ma..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ...... reversing the Judgment and decree passed by the learned trial Court, the learned Assistant Judge, Parshuram, Feni on consideration of the evidence on records, documents, exhibits and other connected papers passed in the Judgment and decree in favour of the petitioner Dr. Md. Jahangir Alam which was......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul......sly and disposed of by a single Judgment dated 20-10-2004. 9. During the course of trial the learned Senior Assistant Judge, Parshuram, Feni after examining the evidence on record and perusing the documents and exhibits produced by both the parties in support of their respective suits and came to..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
.... against a co-accused. The judge may call in aid the confession and use it to lend assurance to the other evidence. 54. According to section 24 of the Evidence Act, a confession by an accused is irrelevant if it is caused by inducement, threat or promise. 55. A confession is relevant- (1) i......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......te. 13. Mr. JBM Hasan, the learned Advocate for the appellants, took us through the FIR, charge sheet, charge so framed, the deposition of the prosecution witnesses, impugned Judgment and material papers included in the paper book and submits that the investigation of the case was held in a perfu...... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......the members of the organization and engaged in promoting and defending human rights and supporting the victims of violations. In the immediate past some news items were published in the daily newspapers that the major portion of Bangladesh is situated in high risk earthquake zone. This is a se......s also Reported in: 63 DLR (HD) (2011) 71.
...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....e made out in the written statement. Since, they did not examine any witness in favour of the written statement we are not require to consider that case, but for effective disposal of the appeal, the relevant portion of their written statement is required to be mentioned. 4. The defendants did no......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......se is also Reported in: 63 DLR (HD) (2011) 66.......f some gunda elements came to the residence of the defendants and placed a security bond and was forced the defendants to execute. After the death of Mansur Rahman, plaintiff No.2 submitted various documents in different offices wherefrom this defendant came to learn that the security bond obtaine..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......m Fighters' Welfare Trust and thus, the other defendants have become the shareholders of defendant No. 5 and the defendants jointly enjoyed the credit facilities of the bank and executed the security papers and they are liable to pay the said outstanding dues with interest.
3. The defendant Nos. ......rted in: 56 DLR (2004) 641.
......ng taken in possession under Article 7.
(2) In determining the liabilities the officer concerned may, after giving the claimants an opportunity of being heard, make such enquiries and examine such documents and records as he may deem necessary. The officer holding the enquiry shall have the power..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
...., submit a petition to the District Judge in accordance with the provision of sub‑section (1) of section 35, and if such a petition is filed, the provision of section 35 shall apply." 7. And the relevant part of section 35 of the Waqf Ordinance runs as follows: "(2) The District Judge may pa......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Muzammel Hossain J AKM Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharge......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......under the back bonnet of the car covered by a bag and an air ticket was recovered from the pocket of accused No. 1. The accused persons failed to give any satisfactory explanation or showed any valid papers in support of the Bangladeshi Taka. On interrogation of the accused persons the informant cam......s also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....t the amendment of Articles of Association as requested earlier should be filed by 15‑6‑1998 and in default legal steps would follow. The petitioner by letter dated 10‑6‑1998 replied that the relevant amendment has been made in the meeting held on 8-6‑1995 and the respondent by Memo date......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......o show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited ......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y on the background of the explanation of the Surveyors. 42. Mr. Imam's argument fails since we could not and out any ambiguity that has arisen while interpreting fiscal law in this field when the relevant laws. and Rules with clarity classify the status of PSI Agency to that of surveyor and not ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......also Reported in: 62 DLR (HCD) (2010) 284. ......at they would be treated as Surveyors, despite being termed as Consultants and despite being selected under the QCBS method, it would have made appropriate and significant modifications to the tender documents. 20. He then submits that the procurement process provided for negotiation upon the te..Category: Fiscal/Taxation Law | Date: | Hits: 152
....rt has not committed any illegality in admitting the same.
6. We have examined the writ petition, affidavit-in-opposition and the order sheet of the execution case and carefully consulted with the relevant provisions of law. It appears that the suit was instituted on 23.6.1998 and was decreed on ...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......risdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Abdul Motaleb Howlader alias Chan Miah………….................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents
Judgment
January 25, 2011.
Result:
The Rule is ...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 107
.... the writ petition, affidavit-in-opposition and papers submitted therewith, and considered the submissions of the learned Advocates of both the sides. We have also examined the legal position and the relevant laws. It appears from the mortgage decree (annexe: A-1 to the writ petition) that the name ...... warrant of arrest against the judgment debtors under section 34 (10) of the Ain, and as such the rule is liable to be discharged.
7. We have perused the writ petition, affidavit-in-opposition and papers submitted therewith, and considered the submissions of the learned Advocates of both the side......ee.
Ed.
This Case is also Reported in:
...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......d in: ...... Judge (in charge), Habigonj heard the application and rejected the same by his order dated 15.10.2003 on the reasons that the suit land is a beel in nature and that the plaintiff did not produce any documents to show that defendant No.5 was owner of the suit land at any point of time. As per provis..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......laintiff himself deposed as P.W.1 and formally proved the registered sale agreement, sale deed of his wife in respect of five decimals of land, three legal notices with postal receipts and some other documents. 7. On the other hand, defendant No.1 Mokter Ali Mondal himself deposed as D.W.1 and ex..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....sistant Commissioners, Md. Saber Hossain had verified the stock on 30.6.1989 and Dilip Kumar Bhadra verified on 30.6.1990. P.W.8 Md. Eunus Mia, Successor-in-office to the appellant stated that at the relevant time he was not at Naoapara godown and knew nothing of the alleged misappropriation. 14.......91. The above mentioned exhibit-10 shows loading and unloading from 25.1.1991 as a routine official work. P.W.5 Md. Ilias, who was District Food Controller at the relevant time, stated that he seized papers and documents, wherein it was mentioned that the shortage was made in 1987-88. Since the appe...... General-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......ted that he had inquired the case in preliminary stage and submitted a report to the District Anti-Corruption Officer, Habiganj. In course of inquiry he seized the books of inspection, and some other documents. In cross-examination he stated that Mirza Monwar Hossain was in charge of the godown from..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....it is taken up for hearing, but no one appears to press the appeal. In view of its long pendency for nearly twenty-one years, we take it up for disposal even in absence of the appellant. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Arshed Ali Mondal lodged a......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......orney General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellan......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....iminal Revision No.67 (1) of 1987 allowing the same and thereby reversing those dated 20.12.1986 passed by the Upazila Magistrate, Bhahubal, Habiganj in Miscellaneous Case No.112 of 1986. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner as first party filed an applica......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th......ent assessment of evidence of both the parties and gave reasoning as to why he disbelieved the petitioner’s claim of possession over the case land. The learned Judge also considered some registered documents filed by the opposite party. It is a provision of law that documentary evidence is always ..Category: Property Law | Date: | Hits: 53
....gal notice in page No.1 of the file N/s5(Q) was served upon the possessor, petitioner Muklesuddin for surrendering possession”. The Tribunal disbelieved Ramjan Ali’s presence in Bangladesh at the relevant time as no citizenship certificate, non-option certificate, voter list or any other documen....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......d J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 78
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