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Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....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. ......Hossain, Advocate - For the Respondent No.3. Writ Petition No. 29(c) of 1988. Judgment Mohammad Abdur Rouf, J.- The petitioner, one of the three contestants (other two are Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88......ting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling station, only for the office of the members, should not be declared to have been issued without lawful authority and is of no legal effect and that a direction should not be given to the Respondent Nos.1 and 2 to hold fresh po..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... 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.......of the People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 31 DLR (AD) 152; Saiyyid Abul A'la Maudoodi Vs. the Government of West Pakistan, 17 DLR (SC) 209; Saleh Uddin Khan Vs. Bangladesh and others, 34 DLR 120; Bangladesh Vs. Md. Afzal and others, 40 DLR (A.D) 154. Lawyers Involved: ...... impugned order being Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner with others formed a cooperative society under the name and sty..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
..... It is submitted that P.W.1 the petitioner staled in his deposition that the counting was done in insufficient light and that P.W.2 Abdus Shahid, an election agent, also stated that counting was not proper. He further submitted that P.W.3 Abdul Quddus, a member-candidate of ward No. 2 staled that......ule is discharged. Cases Referred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ahmed, Advocates - For the petitioner. Abdul Quayum with Yousuf Hossain Humayun, Sobo......ght in the room where the counting was held. The room was also over-crowded. The opposite party No.1 in collusion with the Presiding Officer made false counting of the votes and thereby got himself illegally declared as the successful candidate. So the petitioner prayed for declaring the election of..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.
......87.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Cr...... by the respondent No.1, the Chairman, First Labour 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 ..
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. ......43); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bombay, 604; PLD 1949 Lahore 301; 39 DLR 451; 28 DLR......der dated 1.4.88 of the Election Commission dispensing with the necessity for fresh poll at Joygunnessa High School Centre of Ward No.1 of Muradia Union Parishad Upazila and District Patuakhali was illegal and void and also for another peculiar declaration to the effect that appointment of one and..Category: Election Law | Date: | Hits: 207
....titioner was a politician belonging to the Muslim League. He was out of Bangladesh at the time of liberation of the country. The petitioner's house at 10/1, Toynbee Circular Road, Dhaka and her other properties were attached by the Government of Bangladesh as collaborator's properties under the Bang.......4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 ......E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 acres with a two..
Category: Property Law | Date: | Hits: 171
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....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. ......, 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 issued on ......hedule 'Ka’ to the plaint stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal and void and also for mandatory injunction. 3. Some of the defendants appeared in the suit ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....d in R.S. Plot No. 341 of CS Khatian No. 315 and RS Khatian No. 322 of Mouza Barabo, Shaymali within Mohammadpur P.S. The petitioner'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...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V......te party No.1 and others being Case No. 454A-1/80 on 23.6.80. Learned Chief Metropolitan Magistrate did not admit the petition nor examined the petitioner, it is alleged, as "required under law but illegally called for the records of the case filed by the caretaker under section 107 of the Code of C..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....ed 11.2.88 submitted by the Presiding Officer of the aforesaid centre to the Election Commission. In the said report he confirmed the allegations of the respondent No.8 and stated that there was no proper election at the said centre after 10 A.M. In annexure Y it is found that one Md. Ziaul Islam,......sion ordering a re-poll at Chouhat Primary School centre, in addition to the list furnished by the District Election Officer, Dhaka, shall not be declared to have been made without lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, resci......a re-poll at Chouhat Primary School centre, in addition to the list furnished by the District Election Officer, Dhaka, shall not be declared to have been made without lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, rescind or withdraw t..Category: Election Law | Date: | Hits: 167
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......esent: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, DhaKa and others ...........................Petitioners Vs. Mini Begum and others………………...... transferred to the revenue set up is no a ground to regularise other employees and since the project has expired there was no financial support to pay their wages and thus, the petitioners have no legal obligation to absorb the respondents. II. For that the respondents were appointed on purely..Category: Employment/Service Law | Date: | Hits: 133
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
.... Senior Advocate appearing on behalf of the petitioners, submits that the prima face title and possession was clearly found by the learned Assistant Judge in favour of the plaintiffs but this was not properly controverted by the Appellate Court, as such, the judgment of the Appellate Court was not......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Mosammat Rahima Khatun and others...................Petitioners Vs. Emran Ali and others...................................he judgment of the Appellate Court was not a proper judgment of reversal which was not addressed to by the High Court Division. Besides, he submits that the learned Judge of the High Court Division illegally held that the cause of action of the suit was not proved although threatening and attempting..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....n, his right to such service during his contractual period cannot be taken away without the due process of 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......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent......sh Railway (defendant No.3) cancelling the plaintiffs licence agreement dated 26.6.1988 for catering services to the 1st. Class and Air‑condition Class passengers of Dhaka‑Chittagong Railway is illegal, without jurisdiction and inoperative and for an injunction restraining the defendants from in..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....arge, the evidences, the impugned judgment and also other materials on record, firstly, submits that it is in fact a case of no evidence against the appellants and they have been most illegally and improperly convicted and sentenced. He does not dispute the commission of the dacoity as alleged. His ......d. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......Report, the charge, the evidences, the impugned judgment and also other materials on record, firstly, submits that it is in fact a case of no evidence against the appellants and they have been most illegally and improperly convicted and sentenced. He does not dispute the commission of the dacoity as..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....the order dated 20.4.93 passed by District Judge, Dhaka in Miscellaneous Appeal No.84 of 1993 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Cou......igh Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shafiuddin Sarwar………………Petitioner Vs. Dhaka Club Limited and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to-......c tribunal. In the instant case it is alleged by the plaintiff that the domestic tribunal of the Dhaka Club Limited has acted mala fide in issuing letter No. 2699 No. DC Memo dated 31.3.93 which is illegal, ultra vires of the articles of association of the company and not binding on the plaintiff pe..Category: Civil Law | Date: | Hits: 87
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....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 Barisal town. The defendant did not appear and the suit was decreed ex parte ......nsaruddin Ahmed J.- This Rule issued at the instance of the plaintiff-petitioner Alhaj Abdul Aziz on an application under section 115 of the Code of Civil Procedure is directed against the judgment and order passed on 4.12.79 by Mr. M.A. Rahman Mia, Additional District Judge, 1st Court, Bakerganj ......chari Haripada Das. The case was contested by the plaintiff by filing a written objection denying the allegation of non-service of the process. In course of the proceeding Hara Mohan Das died and his legal heirs were brought on record. 3. Including the parties 2 P.Ws. and 2 O.P.Ws. have been exam..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....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. ......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 issued on a......hedule 'Ka’ to the plaint stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal and void and also for mandatory injunction. 3. Some of the defendants appeared in the suit ..Category: Election Law | Date: | Hits: 206
....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.
......ued on 8.8.88 under section 491 of the Code of Criminal Procedure at the instance of the petitioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from cus......calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Ha..
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. ...... itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citizen of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim fami......e detaining authority. It is alleged in the petition that the detenu was not supplied with any ground of his detention and as such he could not make any representation to the Government against his illegal detention. It has also been alleged that the detention is wholly bad, illegal and mala fide an..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
.... the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer-in-charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court." This section deals with the manner of presentation of a jail appeal. Thi......his Case is also Reported in: 56 DLR (2004) 495.......t in accordance with law as they were not accompanied by copies of the judgment and order appealed against. Some appeals have been communicated against the judgments of the Magistrates, which are not legally maintainable in this Court. 3. After the said judgment, it came to our notice that some D..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....peal date 11‑2‑95 by the Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having fou......aneous Case No. 1209 of 1995. 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...... Act 1990. Therefore, the prosecution report submitted by an Inspector of the Narcotics Control Department on 24‑3‑90 for an offence punishable under section 46(a) of the Excise Act was clearly illegal because of the said Excise Act, 1909 having been repealed by the Narcotics Control Act 1990. T..Category: Criminal Law | Date: | Hits: 87
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