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Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
...., CJ. observed as follows: "An election dispute is a dispute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the private rights of two persons to the same office, but a proceeding for an information in the nature of quo warranto is i...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......osts. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
.... respondent's suit was filed just to avoid the liability in connection with the earlier suit filed in the 3rd Court of Subordinate Judge, Dhaka, and further that the respondent being very influential persons in Jessore, the petitioner feels insecure to go and conduct the case against him in Jessor......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......e Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....e case closely we like to refer to some of the decisions cited from the Bar. When the Penal Code was made in 1860 section 34 was in the following terms:- "When a criminal act is done by several persons, each of such persons is liable for that act in the same manner as if the act was done by hi......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ...... the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....lso seen the prayer of the Court Inspector for withdrawing the case against the accused Harun Sikder, Shah Alam Sikder, Abdul Khaleque Sikder and Abdul Jalil Sikder on the ground that the accused persons who are University students and were members of the Muktibahini during liberation period and......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ld not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
.... The learned Deputy Attorney-General tried to bring this case within the purview of the provision of the Article quoted above. He submitted that, the cadre of E.P.C.S. (Executive) Class II of 450 persons was created in 1961. The sanction of the cadre was yearly and it continued to be renewed yea......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......ion. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....essed (গুতাইয়া) the dead body of my father with katra by Akkel and with lathis by others under water.” Both P.W.1 and P.W.7 stated that Akkel had a katra in his hand and other accused persons had lathis in their hands and both of them mentioned that Akkel pushed and pressed (গু......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... tenants holding land contiguous to the land transferred not having been impleaded within the time the original applications was bad for defect of parties and in spite of subsequent addition of those persons as parties, the application was barred by limitation. The learned Judge being of the view th......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......es of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....Commissioners (1924) 1 K. B. 171 that the powers so far reaching affecting as it did individual and not property were powers to be exercised judicially and not ministerially and held that a body of persons having legal authority to determine questions affecting the rights of a citizen had the duty...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......pellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....ased upon independent evidence of P.Ws. 7, 8, 9 and 11. He also found that the evidence of those witnesses along with the confessional statement of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Revisional case was dismissed. Leave was obtained by the Appell...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... occurrence to them. P.W.1, paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged under sections 302/34 of the Penal...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....ctim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, three unknown persons came to them by a microbus and asked them to identify the house of one Murad Huzur whose mo......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....cement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested persons award of compensation has rightly been refused. However, the plaintiff is entitled to the s......on or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested persons award of compensation has rightly been refused. However, the plaintiff is entitl......ion. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....med consisting of 5 members, Additional Secretary in-charge of Ministry of Law and Justice being convenor of the said committee to dispose of the review petitions pending filed by the aggrieved persons including the petitioner vide Memo No.1060- Biehar- 5/3M-20/91 dated 12.10.1991 subsequent......ssed from service under Martial Law Order 9 of 1982, the Administrative Appellate Tribunal also failed to consider that the order of dismissal of the petitioner is the outcome of conspiracy by some interested quarters and both the order of dismissal of the petitioner from service as well as the o......y the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......then the High Court Division is entitled to entertain the writ petition for the ends of justice. 14. Mr. Khan strongly submitted that owing to conspiracies and calculated maneuverings of the interested quarters of the appellant, the remedial measures could not be implemented by the appella......peal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....iary relationship with the pardanashin lady. It is only in such cases, the donee or transferee will carry the additional burden to prove that the lady had independent and disinterested advice from persons other than the recipient of the document." 12. In the aforesaid case the quest......confidence or had fiduciary relationship with the pardanashin lady. It is only in such cases, the donee or transferee will carry the additional burden to prove that the lady had independent and disinterested advice from persons other than the recipient of the document." 12. In the af......the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
.... with Advocate Abu Zahir, Razan Chowdhury, Abdul Ahad Faroq and others were injured seriously and they were taken to Habigonj Modern Sadar Hospital for treatment and that out of the injured persons Shah Manju Huda, Siddique Ali alias Sayeb Ali and Abdur Rahim died in the hospital and Mr S......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....stances in which they are placed or special qualities and characteristics which some of them may possess but which are lacking in others. 25. The term 'equal protection of law' is used to mean all persons or things are not equal in all cases and that persons similarly situated would be treated al......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......tic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......e—from all forms of exploitation. Article 15(a) says that it shall be a fundamental responsibility of the State to make provision of basic necessities of life including food, clothing, shelter, education and medical care for the people. Article 17 says that the State shall adopt effective me..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....s of the first floor of the premises of the respondent No.1 at Madalibagh Hospital Road, Udayachal Residential Area, Chatak in the District of Sunamgonj and as a result of the aforesaid explosion two persons, namely, Abdul Kalam Babul and Arif Haider died and respondent No. 2 Abu Lais Chowdhury was ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......der of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
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. ...... that he was not present at the time of settlement of price of the and Abdur Rashid proposed to sell and the plaintiff agreed to purchase. The appellate Court considered the PWs 3 and 4 as interested witnesses because of their relationship with the plaintiff as stated hereinbefore and al......e we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......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. ..Category: Property Law | Date: | Hits: 26
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