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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....the voter list for holding election of the next parliament. In my view, when the Commission takes step for preparation of a fresh voter list it will delete from the existing voter list names of the persons who have acquired any disqualification for being enrolled as a voter and will add on follo......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ed judgment and order. The parties will bear their respective costs. Ed. ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
.... Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who fell down on the ground and thereafter other accused persons (since acquitted) dealt lathi and mugur blows indiscriminately on the person of the v......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......cerns could not be separated, it was necessary to obtain bids for the whole at a time and the date of submission of bid was extended upto 12th June, 1976. That the proforma-defendant No.5, who was interested in purchasing the company for the petitioner, submitted quotation on 12-6-76 under cover......me Court Appellate Division (Civil) Present: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People&rsq...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....l Law Administrator who held the supreme power in his hand under the Proclamation of 24 March 1982 set up four permanent Benches in place of the High Court Division without obtaining any views of the persons and institutions most concerned with the subject and it is those Benches which have been ret...... crystallise and the Government to make amendments to its policy. More recently the Government has on; several occasions issued a Green Paper at an even earlier stage so that representations from interested bodies can be taken into account even before policy has been decided. On a narrower bas...... Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... "The greatest of all the means ............................................................. for ensuring the stability of the Constitution, but which is now-a-days generally neglected is the education of citizens in the spirit of the Constitution .........To live by the rule of the Consti..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....following morning at about 10 A.M. when she was examined. She denied the suggestion that she did not tell the daroga that her father told her that accused Dablu stabbed him and there were two other persons with accused Dablu at that time. She was, however, contradicted by the I.O. P.W. 2 and 3 cam...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
.... 4 days Shariatullah was recovered in an unconscious state from a char on the river bank near Aftabi Bazar. Shariatullah then narrated that he had been abducted, bound hands and feet by the accused persons who took him from one place to another and ultimately left him on the river bank. He support......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....o explanations: "Explanation 1. The sharing of profits or of gross returns arising from property by person holding a joint or common interest in that property does not of itself make such persons partners. Explanation 2. The receipt by a person of a share of the profits of a busin......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....t left the place carrying bundles of harvested paddy. He died within an hour while being carried home. P.W.1 was struck several blows with ramdaos by appellant No.l and others. Similarly, three other persons of his party including Kazi Mia (P.W.8) were assaulted with ramdaos and halanga for which ......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....e promulgation of P.O. 135 of 1972 by which section 86 of the Act was substituted is not wrong. However it is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 19......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......ssed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... is to be treated as 'representative member' for the purpose of Upazila Parishad. Mr. Nurullah pointed out section 28(5) that no proceeding of the Parishad shall be invalid by reason only that some persons who were not entitled to so sit or vote or otherwise took part in the proceeding. 14. Dr.......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......o. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
.... the suit land and obtained a compromise decree and in pursuance of the said decree the plaintiff mutated his name by filing Mutation Case No. 6 of 1970-71. But at the instance of some interested persons who made unsuccessful attempts to establish their claim to the land the Additional Deput...... respect of the suit land and obtained a compromise decree and in pursuance of the said decree the plaintiff mutated his name by filing Mutation Case No. 6 of 1970-71. But at the instance of some interested persons who made unsuccessful attempts to establish their claim to the land the Addit......ut however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....us suit, sons of Shashi Bhusan were parties, they are not so in the instant suit. Mr. Pal has, however, contended that a judgment, whether inter parts or not, may be conclusive evidence against all persons of its own existence, date and legal effect, as distinguished from the accuracy of the dec....... In the previous judgment the present respondents were not parties, obviously because they came to the scene much later in consequence of the operation of the Enemy Property law. But the persons interested in the suit land namely, Hemendra and his brothers were parties. Be that as it may, the j......t is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... registered kabalas Exts. A and A (1) dated 13 March 1978 and kabala Ext. A (4) dated 28 April 1978. These kabalas, according to plaintiffs, are false and collusive documents executed by fictitious persons as Aider Sk. had no daughter like Unar Ma'. On the strength of these kabalas defendant No. 1...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......rt is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....on to this rule is a customary easement. But a customary easement is not an easement in the true sense of that expression. A customary easement arises in favour of an indeterminate class of persons such as residents of a locality or members of a certain community, and though not nece......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... or illegal practices and other election offences and penalties thereof; and (n) any other matter connected with or incidental to elections. 5. Immediately after election the names of all persons elected as Chairman and elected members of the Union Parishad shall be published in the Offi......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
.... law laying down their qualifications and disqualifications for seeking election to these elective bodies and it is for the first time in June 1987 that a discriminatory treatment has been given to persons seeking election to the Local bodies by bringing an additional disqualification for them but......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......to these distinctly separate bodies of people's representatives, learned Counsel goes on, the legislature acted quite within its power. He has argued that for reasons of history, geography level of education, culture and economic condition of people of the country, the peoples' representatives m..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......g void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....ispute had been going on between his brother and the accuseds for last 8/9 months. P.W. 6 Hatem Ali who was tendered by the prosecution stated in cross-examination that the deceased and the accused persons had been in dispute over the land where the occurrence took place. P.W. 7 stated in cross-ex......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....p;………….(15) The Code of Civil Procedure, 1908 (Act No. V of 1908), Order I, Rules 3 and 4 When a common question of fact and law is involved in a suit, all persons may be joined as defendant claiming relief against all…………&hell......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......e is also Reported in: 37 DLR (AD) (1985) 47. ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....the ground that the security has been lost, or destroyed or taken away by somebody by force or it had parted with its possession under compulsion. 54. For such loss or taking away of the security persons or bodies who are responsible for it may be liable, hut can it be said that such plea is suf...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
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