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Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......d assured the plaintiff that he would register the deed within a week but two days after the execution of the deed Abdur Rashid again became ill having had attack of heart and the right side of his body became paralysed and after prolonged suffering Abdur Rashid died on June 8, 1995, that after ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....n the years 1990, 1995 and 2000 and every time the existing list was "maintained" under section 7(6) of the Ordinance for being used during by-elections of the Parliament and Election of local bodies and that continuation of the existing voter list terminates in the final publication o......ct so done in disregard of the law and the Rules, rather when challenge is made to the act done in disregard of the law and the Rules then the authority which is competent to put the person or the body acting in violation of law and the Rules on the right track is quite competent to make directi..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....to Faridpur Hospital in senseless condition where he succumbed to the injuries on the following morning. Abdul Hamid Matbar, PW 1, brother of the deceased, lodged first information report with the local police station and after investigation charge-sheet was submitted against the accused Aynul S......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ed petitioner along with some others resisted him to execute the process and they even tore off the process of the court and snatched away money from his pocket and also assaulted him and then the local people informed the police and the police reached the place of occurrence and then saved him.......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....the Government. In pursuance of the said decision an action was taken by the Disinvestment Working Group in that behalf, a public notice bearing No. P-3-490/76/1 dated 20-4-76 was published in the local newspaper calling for quotations for purchase of the assets and liabilities of 11 concerns, i......mical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties and a high-powered body was constituted by the name "Disinvestment Working Group" under the Ministry of Ind..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....e enforcement of the rights conferred by this Part is guaranteed. (2) Without prejudice to the powers of the Supreme Court under Article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of these powers." 64. By the Constitutio......sdiction cannot be brought because the laws are not in pari materia. High Court Division is an integral part of the Supreme Court. It has got plenary power. Since the Parliament being a legislaÂtive body is devoid of the Constituent powers to amend the provisions of the Constitution in derogaÂtion..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......lu and two others who ran away after scaling the wall. He stated that his father told him that accused Dablu had dealt a dagger blow on the person of his mother. He found two injuries on his mother's body and two injuries on the chest of his father. P.W.2 stated that Dablu was an employee in the Ice..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....llants who pleaded not guilty. Their defence was that they did not kill Halima' Khatun with whom they got no enmity but Halima Khatun was murdered in cold blood by Shariatullah in conspiracy with the local Chairman, P.W.13, Mofizuddin, against both of whom the appellants had long standing enmity and...... sendao killing her on the spot. Abul Kalam fled away to save himself. While fleeing away he raised alarm which attracted some neighbours with whom he reÂturned after half an hour and found the dead body of his mother lying in the garden on the north-western corner of his hut but he did not find Sh..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....y found as many as 11 incised wounds including one, 2" x 2"x abdomiÂnal cavity. As to the nature of the halanga, P.Ws. have said that its blade was a pointed iron fixed on a bamboo split and in that locality this kind of weapÂon is also called 'halanga'. The cumulative effect of these eleven injur...... was still alive was being carried to his house but died on the way. At about 5 P.M., the Officer-in-Charge of Itna P.S. having got information of murder came to the house of P.W.1 and found the dead body of Bazlur Rahman in his court-yard. He reÂcorded an Ejahar on the statement of P.W.I, held inÂ..Category: Criminal Law | Date: | Hits: 49
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......is difficult to accept this propoÂsition. There is no requirement that all the members must be present for the validity of the selection board. Furthermore when 2/3rd of the members of any corporate body remain present it becomes comÂpetent to transact its business under usual provisions and pract..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......he Union Parishad and by virtue of their office being the holder of such office as ChairÂman of the Union Parishad they are ex-officio repreÂsentative members of the parishads. It cannot include anybody else. To say holder of the office is one thing and performing function is something differÂent..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....o illegality in the trial. 5. The appellant contends that he surrendered to the Court and was granted bail. After several adÂjournments when the matter came up for hearing on 12th April, 1987 his local surety filed an application for adjournment on the ground of appellant's illness but the trial......cer, Sirajganj. When the C.D.R. was presented to the Agrani Bank, Sirajganj for encashment it was detectÂed that the C.D.R. was actually issued for Taka 3,000/- only against cash receipt, but on the body of the C.D.R. the sum of Taka 3,000/- was altered to Taka 30.000/- both in figures and words,, ..Category: Criminal Law | Date: | Hits: 53
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......elivered by Sir Barnes PeaÂcock. This case arose from a suit filed in the Court of District Judge, Midnapor, by the plaintiff-respondent Ram Chand Dutta against his co-sharer Robert Watson & Co.—a body of indigo-planters praying for joint possession of the ejmali land or inÂjunction. Plaintiffs ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....f 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an ......m must be reasonable and certain." (AIR 1965 Raj. 219). The Easements Act was not applicable throughÂout India, but even then the principles were taken for deciding the cases on the Act to embody the princiÂple of equity and good conscience. See Shiv Dyal Vs; Ram Das AIR 1926 Lah. 473, Kar..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ection is not upÂset. In view of this, Mr. Pal submitted that the plenÂary power of the Election Commission in Rule 70 should be taken as legislative recognition of such high powered constitutional body for maintaining its supervisory jurisdiction for ensuring that an election is conducted honestl..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....e Deputy Commissioner but of the appellant as well to see that a liquor shop is run at such a place which may not be a cause for disturbance of the public peace or violate the susceptibilities of the local people. This place at present may not be suitable for running such a liquor shop. The appellan...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....ce the sentiment of the people that the legislation falls short of expectation of the general public. What is the expectation? To say it in short formula "if the defaulters are debarred in contesting local elections, how it is the defaulter can contest for the ParliamenÂtary seat?" Take the case of...... 1972 (Bangladesh Electoral Rolls Order, 1972) which provides for preparaÂtion of Electoral Rolls for election of representatives of people to "elective bodies" and has pointed out that an 'elective body means a body constituted by or under any law or constitutional provision consistÂing of member..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......order of injunction. 6. The learned Judge of the High Court Division upon a reference to some cases observed that the relief of temporary injunction may be granted to the emÂployee of a statutory body who has brought an action challenging an order of his removal from service or even reversion fr..Category: Employment/Service Law | Date: | Hits: 89
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....gs of Portland cement from Shanghai and the same was shipped per S.S. Floram which belonged to defendant respondent No. 1, M/s. Sinofracht Chartering and Ship broking Corporation through their local agent M/s. United Liner Agencies Limited. Out of the said quantity of the aforesaid number of......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... but retaining its possession with itself, it cannot possibly lie in its mouth to deny the liability to repay the loan on the ground that the security has been lost, or destroyed or taken away by somebody by force or it had parted with its possession under compulsion……(53) The guarantor is n..Category: Civil Law | Date: | Hits: 110
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