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....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.
......he prejudicial activities of the detenu.
3. The High Court on consideration of the affidavits and the contentions of the parties dismissed the writ petition and leave was granted to consider the question: Whether the order of detention was a valid order in view of the fact that the grounds stat......als to hold that the ground which is bad or irrelevant is of inconsequential nature and that may be in very rare cases, than the Court may sustain the order of detention but that will depend upon the facts of a particular case.
11. To revert to the facts of this case, if we refer to the order of ..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ke to address the law points involved in the appeal. 18. Admittedly, no notice under section 26(1) of the Anti-Corruption Commission Act, 2004 was served upon appellant No.2, Rupa Chowdhury. In an identical situation, in the case of Anti-Corruption Commission Vs. Shamima Begum and others, (2010) ......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. ......mpugned judgment and order that the notice was considered to have been issued directing appellant No.1 to submit the statement of assets for the fiscal years from 1988-89 to 2006-2007. In view of the facts, we find that- (a) the charge was framed, the trial was conducted and, the impugned judgmen..Category: Criminal Law | Date: | Hits: 108
.... 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.
......ement were different and there having been no rejection of the claim before the time specified in the termination agreement, the arbitration clause was not attracted.
5. Before proceeding with the question under enquiry, it is to be observed that we find justification in the contention of Mr. Ahm...... 1977).
Judgment
Kemaluddin Hossain CJ.- This appeal by special leave arises from an order passed in a suit refusing to stay all further proceedings under section 34 of the Arbitration Act. The facts in outline are that Respondent 1 Crete Construction Company Ltd., instituted Money Suit No.142..
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....... offence as alleged but has been falsely implicated in this case. After examination of the witnesses the learned Sessions Judge passed the order of conviction and sentence as aforesaid. 5. The question before us is whether the dacoity was committed on the date, at the place and time and in 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. ......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. ......d the materials regarding the prejudicial Act does not and cannot mean the communication of the grounds within the meaning of Section 8 of the Act. The word grounds as used in Section 8 means the facts and materials regarding activities of the detenu which satisfied the detaining authority tha..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. ......n the decision in the case of Shafatullah and others Vs. Munshi Ainuddin and others PLD 1964 Dac. 52. Thus finding fault with the judgment of the learned Munsif, the learned Subordinate Judge posed a question to examine whether there were elements in the case of the plaintiff to find customary rig......ts off to the south of the cattle market. The defendants had occasionally thrown rubbishes in the southern portion of the disputed tank which has gradually been raised from south to north. In these facts and circumstances they contended that the plaintiffs' claim was to fail. The learned Munsif fo..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.......and. The defendant's possession in the suit land including the homestead is not denied. Rather it is admitted, as the plaintiff wants khas possession by evicting the defendants from the same. Now the question is from which lime the defendants are in possession. The Court below seems to have held tha......inst the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title Appeals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of S..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.......icial mind was tainted with bias and the petitioner's cause did not receive a fair consideration from him. He has drawn my attention to annexure 6 an information slip which shows that the judgment in question was delivered on 3.8.85, though the judgment is dated 31.8.85 and the corresponding order s......ench of this Court with direction to proceed afresh with the G.R. Case No.89 of 1985. This fact shows that the apprehension of the complainant petitioner was not unfounded. 8. From the aforesaid facts and circumstances and the evidence on record I find that the learned Magistrate did not base h..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. ...... 6 sub-Rule (1) of the aforesaid Rules. Moreover the petitioner himself without raising any objection participated in the proceeding of the fresh poll held on 10.4.88. Thus, it is too late for him to question the validity of such notification. For the reasons stated above, we are unable to accept......e 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 of the Election Commission is set aside." Detail facts are not available from the judgment of their Lordships. However, it is evident there from that..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....... Pourashavas and the power of enquiry has to be exercised in a particular manner. It is only upon the conclusion of such enquiry that the Government has to form an opinion regarding the Pourashava in question and then can supersede the Pourashava. If no enquiry is held in the manner provided in sect...... 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...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. ...... 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 of the Rules as regards counting of the voles cannot be d......appears from the judgment that the learned Election Tribunal considering these points held that there was chance of mistake in counting the ballots as the room was over crowded also. In view of these facts I hold that the learned District Judge look a wrong view on this point. 8. The next content..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ...... Judge has thus fallen into an error in finding otherwise. Section 26 of the said Ordinance runs as follows: 26. Election petitions.- (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate can make an el......i might be taken, and it was held that such a suit was maintainable and Section 92 of the said Code was No.bar. It may be noted that Waqf is a traditional right not introduced by any statute. The facts of the said case resorted in 27 DLR (AD) 138 relied upon by Mr. M. A. Sobhan are therefore q..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.
......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.
......t no notice was ever served on the petitioner treating the property as an abandoned property, no denial has been made specifically in the affidavit-in-opposition. It has only been stated that those facts are not known to the deponent and the petitioner is put to strict proof thereof.
4. It has ..
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. ......tent character. An amendment to the written statement can never affect the nature of the suit; it can only alter the nature of the defence." Keeping the above principles in mind we find that the real question in the present suit, so far, is whether there was a contract between the parties, whether t......ect the parties in any appreciable manner. If the amendment was sought to be made before the positive hearing of the suit it could not have been said that the parties were affected thereby but in the facts and circumstances of this case it can legitimately be argued by the plaintiff-opposite party..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. ......cannot be said that the learned Judge has fallen into an error in refusing the permission to sue afresh. He has however contended that the suit itself being barred by the Election Laws there was no question of permitting the plaintiff to vex the defendants again. 5. There is no dispute whatsoev......al has affected the merit of his decision, which has caused failure of jus-lice. It may also be mentioned that the defendant's prayer for rejection of the plaint still remains undisposed of. In the facts and circumstances of the case the whole matter may be sent back to the learned Assistant Jud..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. ......of the Penal Code and lo nothing more. 10. Under the provision of law, as in our country, an action therefore would lie for a defamatory statement or utterance made in a judicial proceeding. The question to be answered in the instant case is whether for the said accusation of defamation, a sepa......his revisional application, submitted that the order of the learned magistrate and of the learned Additional Sessions Judge, both arc based on a misconception of law and on a misappreciation of the facts on record. In elaborating this point he submitted that the learned Magistrate erred in law i..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. ......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. ......on of stoppage of poll altogether. In that view of the matter, we hold that the interference of the Election Commission was without jurisdiction. Rule 70, in our view, is not attracted in the facts and circumstances of the case. In the result, the Rule Nisi is made absolute but without an..Category: Election Law | Date: | Hits: 167
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.......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.......ect of the judgment and order dated 02.07.2009, passed by the High Court Division in Civil Revision No.1553 of 1997, in decreeing the suit for declaration and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respondents herein filed a suit for declar..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. ......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. ......r leave to appeal in respect of the judgment and order dated 03.07.2008, passed by the High Court Division in Civil Revision No.1182 of 1998, discharging the Rule and dismissing the suit. 2. The facts of the case, in brief, are that the petitioners instituted a suit being Title Suit No.90. of 1..Category: Property Law | Date: | Hits: 51
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. ......y granted to a third party who is in possession. 6. Mr. Syed Ishtiaq Ahmed, the learned Counsel appearing for the plaintiff‑respondent No.1, submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a questi......n 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 by defendant No.3 and in view of the facts that the plaintiff has already been evicted from Buffet car, Restaurant Car, Confectionery sta..Category: Civil Law | Date: | Hits: 72
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