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Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....7 was started against the accused appellants and others. 3. The Police after investigation submitted charge sheet against the accused persons under sec­tions 395/397 of the Penal Code. In the meantime the accused appellant was arrested by the Police on 17.3.80. The accused appellant along with t......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

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....rough the application made by the petitioner and the order of detention as made by the learned District Magis­trate, Lalmonirhat and the subsequent order of deten­tion passed by the Government from time to time, submits that under the provision of Section 8(1) and 8(2) of the Special Powers Act th......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..

Category: Criminal Law | Date: | Hits: 66

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....dred families of the aforesaid bharatias all of whom residing there for more than 40/45 years. The plain­tiff No.3 represents the paikers and sellers of the cattle in the said cattle market from the time of his predecessors. It was further averred in the plaint that the plaintiff No.1 is a Karmacha......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....n receipt of the considera­tion, that as the vendors were in hurry to go to Calcutta, they could not execute any kabala. The Ven­dors also placed their other lands in charge of the defendant at the time of leaving for Calcutta and promised to execute and register proper kabala in fa­vour of the d......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

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

....he Cr. P.C., had only passed the order "not admitted." The learned Magistrate did not even care to reject the petition with reasons. On the other hand it is pointed out the learned Magistrate granted time to the opposite parties on 16.6.85, though the opposite parties made no application or Tadbir f....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...

Category: Criminal Law | Date: | Hits: 70

Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)

....uishable from the cited one. In the instant case it is already mentioned that the Presiding Officer after completing counting of votes of the Chairman candidates pre­pared the result and only at the time of counting of the votes of the members candidates he lost his con­trol over those ballot mate......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

AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)

.... with indistinct and different inks in the 94 ballots declared by the Tribunal as invalid voles. He also held that the learned Election Tribunal illegally allowed the petition for amendment which was time-barred. On these findings the learned District Judge allowed the appeal and set aside the order......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..

Category: Election Law | Date: | Hits: 163

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

.... within 60 days from the date of judgment and order. 3. The respondent No. 2 thereafter instituted Criminal Case No. 24 of 1983 in the same Labour Court against the petitioner No.1 who was at that time a Director of the said Corporation, respondent No. 2, at that time Secretary of the said Corpor......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)

....n aggrieved should not be permitted to ventilate his individual interest in derogation of the general in­terest of the people which requires that the election should be gone through according to the time sched­ule. So every remedy for wrong done during the elec­tion process is required to be post......val of an ad interim Mutawalli after the Administrator of Waqfs had rejected the plaintiffs ap­plication observing on a reference of certain provi­sion of Mohammadan Law that appropriate action for appointment of a permanent Mutawalli might be taken, and it was held that such a suit was maintain­..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....ding in the house, paying rents and taxes to the Government and other local authorities. The husband of the petitioner 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 ......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. ..

Category: Property Law | Date: | Hits: 171

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....tuted the suit. 3. The defendant contended in the written state­ment that there was protracted litigation in respect of the suit land and although the value of the suit prop­erty at the material time was not less than Tk. 35,00,000/-, the defendant agreed to sell the suit land to the plaintiff ......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

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....nder sections 148/448/365/342/336/323 of the Penal Code and cognizance taken under sections 342/448 by the Court and on being summoned the opposite parties 1-5 and 8 were released on bail. In the meantime, an order of ad interim injunction was also obtained in the Title Suit No.82 of 1978 restrainin......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

Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)

....were appointed on different dates as sweepers and other posts under 53 Thana Education Project Officers against a proj­ect. The Project was due to complete in December, 1999 but it was extended from time to time and the respondent’s service were also extended accordingly. Of the appointees ten sw......n in considering their case. Points argued by the learned counsel merit consideration. Leave is, therefore, granted to consider ground Nos.2 and 3, which are reproduced below: "I. For that in the appointment letters of the writ petitioners it is clearly stip­ulated stated that the tenure of the..

Category: Employment/Service Law | Date: | Hits: 133

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

....erits of the suit the said suit is not maintainable because, if the plaintiff has any grievance, a suit for damages would lie and not a suit for declaration and an injunction particularly when at the time of the institution of the suit the licence has been already granted to a third party who is in ...... 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)

....is the informant and he is the elder brother of Abut Khair, the husband of P.W.2 Roushan Akhtar and this Abul Khair, according to the prosecution case, serves in a company as an accountant and at the time of occurrence he was abroad. P.W.1 in his evidence has narrated the occurrence saying that he w...... 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

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

.... 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 examined at the time of hearing. P.W.1 Kalipada Das is a son of Hara Mohan Das. P.W.2 Haripada Das is the alleged in......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

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

.... the legislature in section 8(2) of Special Powers Act has taken pains to specifically direct the detaining authority to cause service of the order containing the detailed grounds of detention at the time of detention, that is, at the very moment he is detained under the order of preventive detentio......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. ..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....ainst the public interest to disclose. (2) In the case of a detention order, the authority making the order shall inform the person detained under that order of the grounds of his detention at the time he is detained or as soon thereafter as is practi­cable, but not later than fifteen days from ......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. ..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....with fine. In Jail Appeal No. 2 145 of 1993 the appellant was convicted under section 25B of the Special Powers Act, 1974 by the Special Tribunal No. 3, Cox's Bazar and he preferred the appeal out of time by 551 days. In respect of other appeals, the superintendents of jail have communicated the pet......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)

....izure list prepared by him on the spot. He further obtained the thumb impression of the convict petitioner on the seizure list. He has been corroborated by the sepoy PW 2 who was his companion at the time of the occurrence. Their evidence was quite consistent. The learned Advocate for the convict pe......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