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....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......invigilator or Chief Invigilator for reporting the matter to the said Board with any mala fide motive. It is true that the invigilator and the Chief invigilator were examined by the said Board in the absence of the petitioner when the petitioner denied the allegations brought against him earlier in ......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
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. ......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. ......it to the process. But so far as the aforesaid observation of the Privy Council is concerned we feel that the learned Advocate for the petitioner has misdirected himself. The Magistrate Gopalgonj had jurisdiction to try the case if it was presented before him in proper from. This is not a case of co..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..Category: Criminal Law | Date: | Hits: 56
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. ......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. ...... to be quashed. 8. He next submits that admittedly petitioner Nos.1 and 2 are private individuals and the proceeding initiated by the Bureau of Anti-Corruption against them is illegal and without jurisdiction as law does not permit Bureau of Anti‑Corruption to initiate proceeding against priva..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 ......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 ......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
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......ding of the SCC suit, the defendant filed an application under section 23 of SCC. Act on 2‑5‑92 praying for return of the plaint to the filing lawyer for presentation to the proper Court of Civil jurisdiction stating therein that a complicated question of title is involved in respect of the suit..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..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.......Sub-section (5) of Section 145 Cr.P.C. contemplates dropping of proceedings when the stages preceding thereto have been overcome/drawn up earlier under sub-section (1). But the Court has inherent jurisdiction to pass my interlocutory order in the exercise of its jurisdiction and such was the ord..Category: Criminal Law | Date: | Hits: 69
....ind of the detaining authority.
10. There is another aspect in the detention order lacking application of mind of the detaining authority, in that a ground has been mentioned in the order which is totally outside the ambit of rule 5(1) of the Emergency Powers Rules. Mr. Ahmadur Rahman Khan, learn......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.
......contention, he has cited the decision of Jagannath Vs. State of Orissa AIR 1966 (SC) 1140.
5. The question before us, as to the jurisdiction of the High Court in exercise of its power under writ jurisdiction, is well settled, in that it is to satisfy itself of the validity of the detention orde..
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. ......aken place while she was living with her husband, the convict-appellant Humayun, in the same house the convict-appellant was under an obligation to explain how his wife had met with her death. In the absence of any explanation coming from his side and when P.W.8 while holding autopsy found mark of i......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)
.... appellant No.1 showed immoveable properties of Tk. 1,50,25,750/- and moveable properties of Tk.69,30,350/- in the name of his wife and movable properties of Tk.8,48,25,503/- in his name, that is, in total movable and immovable properties of Tk. 10,67,81,643.75, but he did not describe the assets an...... or others dependents on him when he fails to explain such acquisition. This person is definitely a person who was asked under section 26(1) of the ACC Act, 2004 to submit statement of assets. In the absence of any statement of assets there was no scope for him to submit any explanation for acquisit......r section 26(2) or 27(1) of the ACC Act, 2004. Accordingly, lodging of FIR, taking cognizance, initiation of criminal proceedings against the writ-petitioner are unwarranted, unauthorised and without jurisdiction." 19. In view of the decision cited above we find that the proceedings initiated and..Category: Criminal Law | Date: | Hits: 108
....luded a sum of Tk. 50 lacs as compensation or damages in the suit.
8. It is to be mentioned that the claim that was submitted in terms of the termination agreement was for Tk. 37,57,504/19 but the total claim now stands at Tk. 84,73,886/04. Plaintiff has also claimed interest over the sum.
9. ...... 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.
......ived at by the Company, such difference or dispute, including the claim for additional compensation of 20 per cent shall be referred to arbitration." was construed as an arbitration clause conferring jurisdiction on the arbitrator only to decide dispute arising on valuation of the undertaking and no..
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.......he name of the accused appellant and from such evidence it cannot be said that he is connected with the crime in any way. Therefore, the learned Advocate submits that the learned trial Court in the absence of oral evidence of the prosecution witnesses against the appellant has used the confessio......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. ......detention for three months from date of his arrest. It is pointed out by the learned Advocate for the petitioner that the order not only suffers from vagueness and infirmities but it speaks about the absence of application of mind and also the extreme carelessness and callousness of the detaining au......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. ..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. ......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. ......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. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
.... allowing the plaintiff to possess the suit land they have got no title and interest in the suit land. The area of land given in the schedule of the sale certificate is 5.15 acres, but in fact, the total area of land as recorded in the Khatian is 5.75 acres. The plaintiff therefore filed the sui......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.......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...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....... petition with reasons. On the other hand it is pointed out the learned Magistrate granted time to the opposite parties on 16.6.85, though the opposite parties made no application or Tadbir for their absence, stating reasons for their absence. 5. Again it has been brought to my notice that the co......g of the case manifests his bias. The impugned order of the learned Magistrate which is unsupported by the evidence and tainted with bias cannot be sustained. 9. I am aware that under revisional jurisdiction the occasion to interfere with an order of discharge under section 119 of the Criminal ..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
.... both for the office of the members and Chairman at Kuruin Primary School polling station. In that fresh poll held on 10.4.88 the Respondent No.3 illegally managed to have secured 1291 votes out of total 1300 votes. The petitioner's grievance is that the Respondent No.2 issued the impugned not......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. ......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. ..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....... others, 34 DLR 120 in support of his submission that under Article 56 (3) of the Constitution all executive action of the Government shall be expressed to be taken in name of the President. In the absence of any delegation of power the Government means the President and unless provided for in t......al Secretary-in-Charge under section 26 of the Ordinance and he himself had no power to issue cither the show cause notice or the impugned order of disqualification. The entire proceeding was without jurisdiction. 15. Mr. Abdur Rab Chowdhury next submits that under section 26 of the Ordinance a d..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. ......ed to cast in his favour about 40 votes of the dead persons as well as the persons living abroad. The agents of the petitioner were also driven away and a large scale rigging was committed in their absence. It was further alleged that there was insufficient light in the room where the counting w......rict Judge allowed the appeal and set aside the order of the Election Tribunal. 5. The main contention of the learned Advocate for the petitioner is that the learned District Judge acted without jurisdiction as the appeal was incompetent as there was no provision at the time of passing the ..Category: Election Law | Date: | Hits: 163
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