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State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... seen the Condemned Prisoner Kazol, along with the other F.I.R.-named accused Manik, Shibu Sen, Krishna Dutta and Sumon accompanying the deceased Taposh from home towards a nearby shrine. The accused persons having so taken the deceased to Malkhanagar, the informant recounts hearing that Manik and K..Category: Criminal Law | Date: | Hits: 106
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......ad died on 19.5.90 which is prior to the date of the institution of the writ application. Therefore, the writ application was brought against respondent No.2 who was dead. An action against a dead person is void. Therefore the writ application has to abate as against the dead person, namely, the..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......uaraishi left for Pakistan and after liberation his whereabouts were not known and as such, the building vested in the Government as an abandoned property and that the present‑petitioner was a fake person.
7. Mr. Fakhrul Islam, the learned Assistant Attorney‑General appearing for the responde..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......the said committee also included Mr. Mustafizur Rahman, a businessman and relation of the former President, and, according to the prosecution, he represented HM Ershad at that time in identifying his personal belongings separated from the goods belonging to the Government. The search was made in tha..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......th the Baniachang Police Station alleging commission of offence under sections 147/148/149/302/324/114/427 of the Bangladesh Penal Code read with section 1(24) of the Cattle Trespass Act against 16 persons and the case being GR Case No.30185 was registered in the Court of Upazila Magistrate Baniac..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......s of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate against the five petitioners and two others stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered H..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......a Sub‑divisional Magistrate was found guilty of contempt of Court by the High Court of Orissa but the Supreme Court set aside the conviction on the ground that it was‑ not clear as to who was the person who signed the application, because the signature was illegible. We conveniently quote below ..Category: Criminal Law | Date: | Hits: 84
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......ife did not return home. On 29.3.87 the son of Haran Biswas went to Bhadagari beel to collect snails and saw beside the small tank (Apa) skinless head of a woman. He raised hue and cry whereupon many persons assembled there and found the beheaded dead body half‑dug in the mud, the people could not..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......e proceeding against the petitioner. Now section 5 of the Public Demands Recovery Act is as follows:
"5. Requisition for Certificate in other cases:‑
(1) When any public demand payable to any person other than the Collector is due, such person may send to the certificate‑officer a written ..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......No.1 alleging, inter alia, that various incidents of offences alleged to have been committed by the petitioner and the accused No.1-Gias Uddin Al Mamun from 01.01.2003 to 31.05.2007; that the accused persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,..Category: Civil Law | Date: | Hits: 238
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......esh Krishi Bank on 8.12.91 also shows that the petitioner paid the said defaulted amount on 8.12.91. Section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 clearly provides that "A person shall be disqualified for election or nomination as, or for being, a Chairman or a member i..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....9 to 29.7.81, to show cause why disciplinary action including dismissal from service should not be taken against him with information to submit his explanation to the defendant No.4 who was appointed Inquiry Officer within 7 days; that the appellant submitted his explanation to the Inquiry Officer d......ut asking for consequential relief was not maintainable and the suit was hit by the proviso to section 42 of the Specific Relief Act. Section 42 of the Specific Relief Act runs as follows: "Any person entitled to any legal character, or to any right as to any property may institute a suit agai..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......29 provides that ever a parent or guardian of a minor is not exempted from punishment or a child marriage. The parent or guardian of such minor is liable for similar punishment as that applicable the person/persons mentioned in section-5 of the Act of 1929. 19. The learned Advocate for the petit..Category: Civil Law | Date: | Hits: 128
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......our Appellant Division in 35 DLR’s case that the confidence in the Courts of justice which the public possesses must in no way be tarnished, diminished or wiped out by contumacious behaviour of any person. 20. Let us now digress to another branch of argument pressed into service by the learned ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......ed in the deed of trust. An employment notice was published in the Daily New Age on 7-12-2003 by the Ministry of Power, Energy and Mineral Resources inviting applications from qualified and intending persons to fill up the posts of the Chairman and the Members of the BERC. 5. In the supplementary..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ...... under Article 102(2) (a) (ii) of the Constitution which provides that the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performi..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357....... Ordinance, 1969 or under the Employment of Labour (Standing Orders) Act, 1965.
7. The words "Worker" and "Workmen" have been defined in section 2(XXVIII) of the said Ordinance of 1969 to mean any person including an apprentice not falling within the definition of employer who is employed in an e..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......at by Bill No.154 he has misappropriated Tk. 18,254.00 on account of printing of forms but nothing has been produced before the trial Court to show that actually there was no printing of forms as the persons responsible or who were incharge of the forms and stationeries were not examined before the ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......alments, which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by which an undue and unconscionable advantage is taken by another. A person does a thing fraudulently if he does it with injury or loss to some person. Section 44 of the..Category: Procedural Law | Date: | Hits: 105
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......an application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the order passed on 6.1.88 by the Subordinate Judge, 2nd Court, Khulna adding two persons as opposite parties in Misc. Case No.28 of 1982 under Order 9 rule 9 of the Code arising out..Category: Procedural Law | Date: | Hits: 77
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