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Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
..... The petitioner, thereafter, again contested the Parliamentary election as a Member of Parliament and became elected as such from the aforesaid Constituency on 12-6-1996. He was not prevented at the relevant time from participating in the election held in June, 1996 on account of his alleged disqua......dian jurisdiction, reported in AIR 1958 (Assam) 183, in which it was held that the fact of pendency of a criminal appeal against conviction and sentence by the trial Court at the time when nomination papers were being considered would not remove the disqualification except in the case of a sitting M...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M......y law confer committees appointed under this article powers for- (a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; (b) compelling the production of documents.” 46. Naturally not only the people of the constituency who elect their representativ..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... an evidence within the meaning of section 3 of the Evidence Act as held in Bhabani Shahu Vs. King, 2 DLR 39 and Lutfun Nahar Begum Vs. State 39 DLR (AD) 194. Section 30 simply makes the confession a relevant fact and can be taken into consideration along with other evidence, 37 DLR (AD) 139.1 But c......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ot represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising ....... 4 and when she was proceeding towards the said outhouse, 4/5 unknown persons caught hold of her and tied her eyes and mouth with her saree and dragged her into her hut and asked about the deeds and documents. The miscreants then took out the deeds of the land from a trunk and went out. Then she..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....over possession without making any inquiry on the basis of the application filed by the 3rd party opposite party. In this connection Order 21 rules 100, 101 and 103 of the Code of Civil Procedure are relevant for the purpose of disposal of the matter, which are reproduced below: “100. (1) Where......s in possession of the property on the day it was decreed and also whether he has been dispossessed not through the judgment debtor any order without oral evidence, relying upon the documents and the papers filed by the applicant is, in my view, not in accordance with law. Inquiry contemplated under......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ......r the applicant was in possession of the property on the day it was decreed and also whether he has been dispossessed not through the judgment debtor any order without oral evidence, relying upon the documents and the papers filed by the applicant is, in my view, not in accordance with law. Inquiry ..Category: Property Law | Date: | Hits: 82
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....he Parliament and Awami League became the largest party in the Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to......dly constituting resignation of the petitioner from his Jatiyo Party took place On 23-6-1996 for taking oath as a Minister of the consensus government of the Awami League. 11. It is found from the papers annexed to the writ petition vide Annexures-D, D-1, D-2 and D-3 series that Jatiya Party was ......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
....out lawful authority and of no legal effect.
2. Respondent No.1 contested the Rule and has filed Affidavit in opposition. The petitioner subsequently filed supplementary affidavit.
3. The facts relevant for the purpose of disposal of the Rule are that the petitioner has been residing in the ca...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....ecree dated 18th July, 1996 and decree signed on 23rd July, 1996 passed by the Subordinate Judge, First Court, Bagerhat in Title Suit No.52 of 1993 should not be set aside, etc. 2. The short facts relevant for the purpose of disposal of this Rule, is that the defendant- appellant-petitioner namel......an money from the petitioner Mr. Abdur Razzaque Mollah. But in the meantime due to long absence of the Barrister Mr. Abdur Razzaque Mollah, plaintiff-opposite party No.1 managed to create some forged papers alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC...... the case of 11 plaintiff he has examined 3 witnesses, including himself as P.W.1, on the contrary, the defendant No.1 petitioner examined 4 witnesses including himself as DW 1. Both sides filed some documents, which were marked Ext. 1-2(2) and ‘Ka-Ga’(1) in support of their respective cases. On..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......By this Rule, opposite party was called upon to show cause as to why the order dated 18-7-99 passed by the Magistrate, 1st Class, Bagerhat in OR No.123 of 1994 arising out of Mongla PS Case No.4(9)94 and the order dated 7-8-2000 passed by the learned Additional Sessions Judge, Bagerhat in Criminal R......; (b) subject to the provision of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the records of the case and the documents and articles, if any which are to be produced in evidence; (d) notify the Public Prosec..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... but for that reason only, the judgment order of conviction and sentence passed against the petitioner cannot be quashed or set aside. The Tribunal found the evidence, specially the evidence of P.W.5 relevant. We find no reason to hold that It is a case of ‘no evidence’. From the evidence we als...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......14 to 1645 per month from 4-9-1983. Plaintiff also paid enhanced rent. Government on 4-9-1983 decided to sell the abandoned houses to lawful allottees. The decision was published through national newspapers and Government constituted a Valuation Committee. Valuation Committee valued the suit premise......d in: 53 DLR (HCD) (2001) 522. ......ion as plaintiff on 17-8-1985 laid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff after accepting the price fixed by Go..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519....... as such, the contract came to end by efflux of time which was only communicated to the petitioner Memo dated 23-12-1997.
6. We have heard the learned Advocates on both sides, the petition and the papers therewith and also the affidavit-in-opposition.
7. The facts of this case stand as one of ......is also Reported in: 53 DLR (HCD) (2001) 519.......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......d complete justice to the parties, it is sufficient to observe that the plaintiff at this stage is not required to prove the case on merits. The disclosures made by the plaintiff and supported by the papers produced by it, indicate a prima facie case for injunction in favour of the plaintiff. Eviden......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J Zahur Ahmed…………………….Petitioner Vs. Commissioner of Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule is dis......er of Customs Chittagong should not be declared to have made without any lawful authority and of no legs effect. 2. Referring to the provisions of section 138 of the Customs Act, 1969 and also the documents annexed with the Writ Petition, learned Advocate for the petitioner submitted that the car..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......le to be punished with death imprisonment for life. Only on 1-3-98 ad-interim bail granted to the petitioner Nos. 1 and 2 was made absolute though they did not comply with order dated 12-2-98 to show papers relating to granted to them by this Court and remaining accused were allowed bail on the assu......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....-9-79 on the purported introduction of one Jalaluddin Ahmed holding current deposit account No.1570 and the said signature was verified by accused Abdur Rob, an Officer of the aforesaid Branch at the relevant time. The specimen Signatures of Account holder as appearing in the account opening form we......used Abdur Rob made lodgment and retirement of the said cheque following which Salimuddin withdrew Taka 85,900.00 by cheque No.642354 Ext.6. He further stated that by fabricating false and fabricated papers the accused persons misappropriated an amount of Taka 1,71,870.00 only. He proved the Ejhar E......own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......arker, clerk of the Janata Bank, Main Branch, Pabna under the authentication and release of accused Shamsul Bari. It was alleged that in violation of the definite office instructions of the bank, the documents for collection of the cheques in question were given directly to the account-holder by han..Category: Criminal Law | Date: | Hits: 104
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....324 of the Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant was not at home at the relevant time. He returned to his house from his work and hearing some noise he went out of his hous......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ...... seven witnesses, including himself to prove his case while the defendant No.1 examined one of its officers as DW 1. Plaintiff adduced number of documents, which were marked exhibit 1 to 16 while the papers and documents of defendant No. 1 were marked as exhibit 'Ka' to 'Neo-(1)'. 21. Plaintiff A......ivil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- ......he plaintiff was entitled to? 20. Plaintiff examined seven witnesses, including himself to prove his case while the defendant No.1 examined one of its officers as DW 1. Plaintiff adduced number of documents, which were marked exhibit 1 to 16 while the papers and documents of defendant No. 1 were ..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....o why the CR Case No. 38 of 2001, now pending in the Court of Magistrate First Class, "Kha Anchal" Magura, should not be transferred to any other competent Court of other Sessions Division. 2. The relevant facts giving rise to the issuance of the Rule are that the opposite party No. 2 Md. Meshab ......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J AKM Asaduzzaman J Mahfuz Anam & others………………………Accused-Petitioners Vs. State and another ……………………………..Opposite Parties Judgment June 25, 2005. Law......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......income is never crucial in the proof of 'Benami' transaction. He submitted that since purchase in 1967 Farida Rahman exercised her possession in the suit property to the knowledge of everyone and all papers stood in her name. Such long possession belied the case of 'Benami'. In support he cited Nurj...... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref...... and denied title of the plaintiff since 29-1-97, and 13. If the plaintiffs were entitled to any decree. 28. Plaintiff Shamsul Haque in his subsequent suit examined 5 witnesses and adduced some documents, which were marked exhibits 1 to 8 and 9 and 9 (ka), while plaintiffs Luna and Dana of ear..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....aking a decision whether these respondents, who initially started as a temporary worker under the petitioners' bank, remained a temporary worker or became a permanent worker. In all these 9 cases the relevant and important incidents and developments are that the respondent No. 2 in all these writ pe......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......orted in: 58 DLR (2006) 46.......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....onable doubt to prove the case against the condemned prisoner. He further submits that PW 1 being the informant of this case and PWs 5-7 being 3 constables, attached to the same police station at the relevant time, went to the place of occurrence with PW 1 and village police PWs 2-4 are witnesses in......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......…………..Petitioner Vs. Mukul @ Swapan……………………………………………………..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..Category: Criminal Law | Date: | Hits: 49
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