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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....... the bus of Shetu Enterprise at Bhadraghat on 17.3.80. This type of questions being against all norms of Procedure of Criminal Jurisprudence are highly prejudicial to the accused appellant. 10. In view of the fact that there is absolutely no legal evidence against the accused appellant implicat..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. ......ial Cell) dated 20.4.87 under Section 3(2) of the Special Powers Act directed that the detenu be detained in custody for a period of 30 days on the ground that it was necessary to detain him with a view to preventing him from doing any prejudicial act within the meaning of Section 2(f)(iii)(iv)(v)..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. ...... for the statutory period under section 26 of the Limitation Act, for no right of easement can be acquired by an indeterminate body of persons or people of an area not forming corporation; for this view he relied on the decision in the case of Shafatullah and others Vs. Munshi Ainuddin and others ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....n the suit land at about or after the auction purchase by the plaintiff. This wrong impression of the Courts below seems to have vitiated the decision arrived at by them. The decision seems to be erroneous and not based on evidence or proper consideration of the evidence in the proper perspectiv......ession and the Courts did not consider the real issue in the suit. I think it proper to send back the case on remand for fresh decision according to law and in the light of observation made above. In view of the above, the appeal succeeds. The judgments and decrees passed by the Courts below are her..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.......essary to examine if the conclusions arrived at by the learned Magistrate are wrong and insupportable by evidence and law. 6. Now so far as the appraisal of the evidence is concerned I am of the view that the learned Magistrate has not properly assessed the same. I have been taken through the d..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....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. ......neously on the date fixed under clause (d) of sub-Rule (1) of the Rule 9. In the face of this mandatory provision of law we are of opinion that there could not be splitting of the voting. In that view of the matter this Rule is made absolute without any order as to costs. The impugned order ..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. 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) 210.......body of persons administering laws or governing a state. It means the executive authority of the Government. It means a real concrete, existing body of human beings or an existing system. 11. In view of the clear provision of the Constitution that all executive action of the Government shall ..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....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. ......e party No.1 and hold that the appeal was filed under the valid provisions of law. 6. The next contention of the learned Advocate for the petitioner is that the learned District Judge took a wrong view that without examining the Presiding Officer, the question of irregularity or non-compliance ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....e said order. 5. Mr. Abdul Quayum, the learned Advocate for the petitioner has urged that the learned Assistant Judge has by rejecting his prayer committed an error of law which has resulted in an erroneous decision occasioning failure of justice. He argues that the election is a process and Poll......w. Outside the special law there is no right to dispute an election. As such he does not possess any legal character or status to challenge the action or decision of the electing authority. In this view of the matter it may be well said that the suit by a citizen cannot be maintained. 11. A cit..Category: Election Law | Date: | Hits: 207
....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.
......ties under the Bangladesh Collaborators (Special Tribunal) Order, 1972 (P.O. No. 8 of 1972) on the misinformation that these properties might belong to Mr. Wahiduzzaman, husband of the petitioner. In view of the order of attachment the petitioner had to vacate the said house and thereafter an inve..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....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. ......w of a completely different kind, both in terms of content and form. It will have the effect of introducing a new controversy between the parties, a controversy which did not exist before. In our view the petitioner was not precluded from raising a new alternative defence, provided it did not af..Category: Property Law | Date: | Hits: 58
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. ...... Assistant Judge to dispose of the plaintiffs prayer for withdrawal of the suit, and if it is rejected then dispose of the defendant's prayer for rejection of the plaint according to law. In such view of the matter the impugned order is liable to be set aside. In the result, the Rule is made ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....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. ......ite Party No. 1 with the help of other opposite parties had been threatening to dispossess his mother and his mother's brothers and sister from the said property by evicting the care taker. In that view of the matter, the petitioner's mother, her brothers and sisters, who are all respectable educa..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......g for a re-poll at the aforesaid centre. The Secretary to the Election Commission made the following observation on the margin of the application, "Seen. We may order re-poll in Chouhat centre in view of report of Presiding Officer". This note is dated 31.3.88. It appears that the Chief Electi..Category: Election Law | Date: | Hits: 167
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. ......, that the respondents were appointed purely on temporary basis against a project with clear stipulation that the duration of their employment will remain valid till the completion of the project. In view of the above, the respondents have accrued no right to claim regularization of their servic..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.......avour of the defendant No.1 on that date and since then his continuance of such possession, were properly reversed by the High Court Division. II. Whether the suit is barred by limitation in view of the continued possession of the defendant No.1 in the suit-land, as concurrently found by ..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... 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. ......es Mr. Miah Abdul Gafur and Mr. Abbasuddin Ahmed. 5. Mr. Miah Abdul Gafur, the learned Advocate appearing for the Railway, having taken us through the impugned judgment and order submitted that in view of the fact that the impugned licence of the plaintiff‑respondent has already been cancelled ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... 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. ......been recovered from the house of one Ishaque and the same is said to have been recognized through a TI parade and that piece of saree has not been produced in Court or proved by any evidence. Thus in view of the facts that there is no evidence or even any proved circumstance to connect the aforesaid..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......and the application for temporary injunction would be shortly disposed of by the trial Court. 7. Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate appearing for the petitioner, submits that in view of the fact that the application under Order 39 rules 1 and 2 was fixed for hearing on 6.5.93, ..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ....... Gazi Siddique Ahmed, the learned Advocate appearing for the State on the other hand submits that the offence committed by the accused appellant is of serious nature from the national point of view and the prosecution has been able to prove the case against the appellant beyond all reasonable..Category: Criminal Law | Date: | Hits: 74
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