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....assed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Powers Rules 1975 failed.
Facts need to be stated for disposal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca University, was arrested by the Police from his residence in the night of......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
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Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
.... charge against the appellants beyond all reasonable doubts. 16. He finally submits that the case was initiated, continued and concluded after 1/11 (11.01.2007) i.e. during Emergency, when certain part of the Constitution including the provisions of enforcement and protection of fundamental right......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......lant No.1, who deposed with regard to submission of the statement of assets. PWs. 4-9 were the Manager and other officers of Banani Branch, Premier Bank Ltd, who deposed with regard to sanction of loan for purchase of two cargo-vessels. PW-10 was the Senior Principal Officer, Kawran Bazar Branch,..Category: Criminal Law | Date: | Hits: 108
....d odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of all materials shot up, resulting in the corresponding increase in the la......dent 1 is to submit all statements of expenditure on or before 30-4-76. Appellant 1 should accept or reject any or all statements of expenditure on or before 31-5-76, and that Appellant 1 should make payment after adjustment of Port dues on all admitted claims on or before 30-6-76. An arbitration cl...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
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Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....ssengers and snatched away the wrist watch and other belongings of the complainant and passengers. The dacoits were wearing lungis, shirts and punjabis, cheddar and two of them covered their head and part of their faces with chaddar. After looting away wrist watches and belongings of the passengers ......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....248, 3890 and 3891 to defendant Nos.7 and 8 for a consideration of Taka 220/- and they executed an agreement on receipt of Taka 100/- and put them in possession of the land. It was agreed between the parties that Sarada and Kumud Ranjan DC would execute and register kabalas in favour of the defendan...... he stated in cross that he constructed huts in the suit land 8/9 years back. But as a matter of fact defendant No.1 stated that he purchased the house 23 years back and since then lives there on payment of taxes etc. constructed two huts 7/8 years back. From a perusal of the deposition of D.W. ......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...Category: Property Law | Date: | Hits: 66
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....he Returning Officer. His further case is that in the orderly fresh poll held on 10.4.88, in pursuance of Annexure 'C, he polled 1291 votes out of 1346 voles. Moreover the petitioner himself also participated in the fresh poll held on 10.4.88. But he having been defeated by considerable margin......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....vision has noticed that section 133 of the Pourashava Ordinance, 1977 requires the Government to conduct an enquiry into the affairs of Pourashavas and the power of enquiry has to be exercised in a particular manner. It is only upon the conclusion of such enquiry that the Government has to form an...... without jurisdiction and without lawful authority. 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) 210....... without jurisdiction and without lawful authority. 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) 210...Category: Civil Law | Date: | Hits: 87
....r Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The respondent No. 2 as first party instituted Complaint Case No. 43 of 1982 in the First Labour Court, Dhaka against the Project ......tted a representation to the accused-petitioners requesting the payment of termination benefits, and he also, enclosed a calculation of termination benefits amounting to Tk. 84,483/-. He admitted payment of Tk. 26,100.33 on the basis of the judgment, but made out a case that he was entitled to a......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.
..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....Rule issued at the instance of a defendant is directed against the order passed on 22.5.88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declar......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. ......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. ..Category: Election Law | Date: | Hits: 207
.... said property through three of her sons Habibuzzaman, Rashiduzzaman and Sinku Akramuzzaman who have jointly set up an office for their various businesses in the said house and have also been using part of it in storing equipments and other merchandise connected with their businesses. The peti......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.
......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.
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Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner a......the defendant has no knowledge of presentation of the cheque after such a long time. The contract was cancelled by the plaintiff himself and all that he is entitled to is to have a money decree for payment of Tk. 2,50,000/-. 4. The hearing of the suit commenced on 10.4.84. Plaintiff's witnesses......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....aulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawar) 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Petitioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No. 84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rul......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....'s mother had appointed care taker Abdul Kalam to look after that property. He had been residing therein in, a cottage constructed by the mother of the petitioner. Mr. Shah Alam who is the opposite party in this petition and who is a local Municipal Commissioner is an influenced man in the localit......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....dants Railway not to interfere With the catering services of the plaintiff when by their own admission the plaintiff himself has been thrown out of the Buffet car and Restaurant car of the Railway compartment prior to the filing of the suit itself and the Court erred in law in not considering that t......law, arbitrary and mala fide. It is arbitrary because the licence had been cancelled without proper notice which, according to the learned Counsel be, two months' notice in case of violation of non‑payment of licence fees as in clause 22 (gha) of the licence/agreement. He has further submitted tha...... 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. ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... way connected with the commission of the alleged dacoity. The Sessions Judge has based conviction of the appellants solely on the so called confession of co‑accused Shahid Hossain alias Shafi and apart from the said confession there is no other evidence on record to connect the appellants in the ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....talk about purchase of any ration paddy. 4. P.W.4, Syed Abdul Rashid, son of Syed Golam Rahman of Chitalmari police station is the informant of this case. His deposition has already been stated in part while describing the prosecution case. He did not mention the name of the appellant in the F.I.......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. ......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. ..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....Title Suit No.212 of 1971. 2. The plaintiff-petitioner instituted the suit on 27.10.71 in the Court of the learned Subordinate Judge against Hara Mohan Das, predecessor-in-interest of the opposite parties for specific performance of a contract in respect of some landed properties situated in Bari......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. ......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. ..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....lla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar, 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Petitioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No.84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rule......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....s in proceedings under special law and thirdly, some appeals lie to the sessions judge. The convicts have been deprived of access to justice for no fault of their own but because of the laches on the part of the jail authorities. These convicts being less privileged prisoners, they were entitled to ......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.......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...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
.... Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017 of 1989 (B‑497/90) and the......nd him guilty of the offence punishable under section 46(a) of the Excise Act 1909 and sentenced him thereunder to suffer rigorous imprisonment for 1 year and to pay a fine of Taka 5000 in default of payment of fine, to suffer rigorous imprisonment for further 3 months. The learned Magistrate furthe......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. ..Category: Criminal Law | Date: | Hits: 87
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