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Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......directing the accused petitioner to appear either personally or through his lawyer on 5-10-93. This order dated 5‑9‑93 was noted by the lawyer Mr. Md. Mahmud Hasan Talukder as it appears from the record of the case. Subsequently on 5-10-93 the learned Magistrate issued warrant against the accuse......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..

Category: Criminal Law | Date: | Hits: 70

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......ion submitted charge sheet against the petitioners under sections 420/467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 on 24‑8‑94. 4. The case record was received by the learned Sessions Judge on 31‑8‑94 for trial and was numbered as Speci......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..

Category: Criminal Law | Date: | Hits: 105

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......ngst others, framed issue No.3 which was as follows: Have the plaintiffs their alleged rights, title and interest in the land and if so, to what extent? 4. On consideration of the materials on record trial Court decreed the suit in preliminary form holding that plaintiffs have their title in ......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..

Category: Civil Law | Date: | Hits: 86

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

.... Pleader on the basis of contract. The opposite party No.2 also contested the election case contending that he was not a defaulter as he took the loan from the aforesaid bank on hypothecation of jute goods kept in the godown of the bank. But with the permission of the Head Office of the Bank he sold...... he secured 2456 votes the second highest votes on declaration of the election of opposite party No.1 void he should be declared elected. 4. The Tribunal on contest on considering the evidence on record dismissed the election petition holding opposite party Nos.1 and 2 were not disqualified unde......€¦â€¦â€¦. ………. (b)………… ………. ………. (c)………… ………. ………. (d)………… ………. ………. (e) he holds any full‑time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; (f)……….. ..

Category: Election Law | Date: | Hits: 148

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...

Category: Criminal Law | Date: | Hits: 69

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....nt subjective, which can objectively be tested by the High Court on the materials disclosed before it, if so challenged, it can safely be said that it is very difficult to say which of the gro­unds, good or bad that weighed most with the detaining authority in making the order, and whether the dete......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......r the grounds arrived at by the authority. It is also to be remembered that most of the Fundamental Rights are now sus­pended and the Emergency Powers Rules, 1975, as it stood, made no provision for service of the grounds of detention on the detenu. The position is that a man can be deprived of his..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......of cross-examination of the P.Ws., is that the deceased Hanufa Akhter committed suicide by taking poison. 6. The Learned Sessions Judge having heard both the parties and considered the evidence on record passed the impugned judgment and order of conviction and sentence dated 08.03.1999 as above. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......,000/-, but upon inquiry its actual value was found at Tk. 1,76,30,000/- and therefore, in this case he also concealed information of an amount of Tk.1,19,80,000/-. 5. On perusal of the income tax record of appellant No.1 it appears that from the financial year 1986-87 to the financial year 2006-......ts. In the absence of any statement of assets there was no scope for him to submit any explanation for acquisition of the assets. No citizen could be arraigned for such a severe offence in absence of service of any notice or order for explaining the source of income. Offence of abetment under sectio..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... resorted to and it goes along with other terms of the contract. Where, however, an arbitration clause is not so comprehensive and is not drafted in such broad language that proposition does not hold good. The arbitration is a written submission agreed to by the parties in a contract and like every ...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

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

....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.......ence under section 397 of the Penal Code against the accused appellant and whether the Judgment of the trial Court can be sustained, discussion of the evidence of the witnesses and other materials on record will be necessary. 7. P.W.1 Md. Mobarak Hossain was the driver of the bus and he lodged th......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)

....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. ......ded from time to time. The learned Assistant Attorney-General appear­ing for the respondents could not refute the argument of the Learned Advocate for the petitioner by placing any material from the record that the grounds were communicated to the detenue and that the detenu was given the intimatio...... order of detention are all vague, indefinite, uncertain and evasive. It is claimed that no grounds have been communicated to the detenu along with the order of detention within fifteen days from the service of the order as required under Section 8 of the Special Powers Act, 1974 nor the case has be..

Category: Criminal Law | Date: | Hits: 66

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

....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. ......rvoir within the vicinity for service as aforesaid. The plaintiffs al­leged that the defendants Nos.1-4 were giving out that they had taken settlement of the suit reservoir and their names have been recorded in the S.A. Khatian without any basis. The defendants were trying to fill up the water rese...... right and without permission and without let or hindrance from any quarter. 4. The plaintiff also alleged that except the suit water reservoir there was no water reservoir within the vicinity for service as aforesaid. The plaintiffs al­leged that the defendants Nos.1-4 were giving out that they..

Category: Property Law | Date: | Hits: 58

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

....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....... the lime of their purchase. They also alleged that the certificate of sale is fraudulent and col­lusive. 7. The learned Subordinate Judge, on considera­tion of the evidence and the materials on record, de­clared the plaintiffs title and allowed the prayer for recovery of khash possession. Bei......ve case is applicable to the facts and circumstanc­es of the present case. 21. Mr. Das, the learned Advocate for the re­spondent also relied on the same decisions, in order to prove that the non-service of notice under section 7 of the Public Demands Recovery Act does not ren­der the sale void..

Category: Property Law | Date: | Hits: 66

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

..... 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.......pleaded inno­cence. In the proceeding the petitioner examined 3 witnesses including himself, and the opposite parties examined one witness. The learned Magistrate on consideration of the evidence on record came to a finding that the petitioner had previous enmity with the opposite parties Nos.1 and....... 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

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

....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. ......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. ......ourt, Dhaka against the Project Manager, Bangla­desh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and or..

Category: Labour and Industrial Law | Date: | Hits: 192

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. ......iffs prayer for withdrawal according to law and then if necessary that is in the event of rejec­tion 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. ......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. ..

Category: Election Law | Date: | Hits: 152

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

.... Code. They further stated that the allega­tions as made are correct and they shall be able to prove those in the pending proceeding. The first ex­ception speaks of imputation of truth which public good requires to be made or published. The fifth ex­ception provides that it is not defamation to e......of the petitioner. Mr. Shah Alam who is the opposite party in this petition and who is a local Municipal Commissioner is an influenced man in the locality. He in collusion with the Settlement Officer recorded the said property in the name of one Abdus Sattar, behind the back of the real owner of the......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)

....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. ......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. ...... 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 sweepers were transferred to the reven..

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

Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)

....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......f Khas possession of the suit land. The petitioner Nos.1 and 2 contested the suit by filing a written statement, denying all material averments made in the plaint. 3. On examination of evidence on record, the learned Subordinate Judge, found that although the plaintiff No.1 did not execute the de......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002...

Category: Property Law | Date: | Hits: 49

Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)

....of paper book is dis­pensed with as prayed for. The order of status quo granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ...... appeal it was sent back on remand for trial afresh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit lan......of paper book is dis­pensed with as prayed for. The order of status quo granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ..

Category: Property Law | Date: | Hits: 51