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Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......rder for fresh election for the office of Chairman of the said Union Parishad by setting aside the election of only Khanebari centre and directing fresh election at that centre. He did not accept the view of the Election Tribunal that the election at the different centres was not fair, as in his opi..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......upon his sole testimony and acquitted the appellant. In that case it was observed as follows: “It is true that even if a single witness, if believed by the Court, the conviction can be upheld in view of section 134 of the Evidence Act. But in such a case that single witness must be of such a qu..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......is Division in exercise of its advisory jurisdiction is vested with the power to pass an order staying realisation of tax which is subject matter of reference under section 160(1) of the Ordinance in view of the provision of sub‑section (4) of section 161 of the Ordinance. The contention of Mr. Mo..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......e as established on the record would need to be examined with great thoroughness and would be the determining factor in regard to the exercise of the power." 18. But 4 (four) years later the above view expressed in Hidayat Ullah Kha’n case was dissented from by the Federal Court of Pakistan i..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......trict Magistrate, Satkhira passed an order of detention under section 3(2) of the Special Powers Act by his Memo. No. Ja/M/157(Jukta) dated 19.1.89 detaining the detenu for a period of 30 days with a view to preventing him from committing prejudicial activities and in the interest of sovereignty of ..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
.... the transfer was with agreement for reconveyancc. The Appellate Court below affirmed the finding of the Trial Court without applying his independent judicial mind. Finding of the both the courts are erroneous in view of the fact the registered sale deed Ext. 1 neither does contain any agreement for...... was with agreement for reconveyancc. The Appellate Court below affirmed the finding of the Trial Court without applying his independent judicial mind. Finding of the both the courts are erroneous in view of the fact the registered sale deed Ext. 1 neither does contain any agreement for reconveyance..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......er he has no right, but the Court of appeal may in its allow him to prefer an appeal.” The learned Judges of the Supreme Court of Pakistan in the case of H M Saya & Co. also took the similar view. On merit the appellant has no leg to stand although it was contended that the lower appellate ..Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......rnment by the Attorney‑General Mr. Rafique‑ul Huq when previously the learned Advocate for the petitioner wanted a judgment by this Court on the law point in issue which is now purely academic in view of the fact that the Government has rescinded the impugned order. 5. If the petitioner is so..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......se two expressions. 9. In the case of Nadkarni Dattatrayel Mahadeva Vs. Municipal Corporation of Greater Baombay (1992) 2 SCC 547, the Supreme Court of India held that from constitutional point of view both removal or dismissal from service stand on the same footing and both bring about a termina..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......is submitted that the suit was filed on 3.8.76 in the Court of 2nd Munsif, Mymensingh Sadar while the said Court had jurisdiction over the lands of Bhaluka, Trishal and Fulbaria Police Station and in view of the reorganisation of the Courts, lands mentioned in item No. 1 (Ka) and 1 (Kha) of the sche..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......ion he filed an application on 27.9.88 seeking rejection of the election petition on the ground that the deposit was not in compliance with the rule 12(5) of the Rules. The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the object..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......nce in which Asak Ali was murdered. He further submits that appellant Sunil was aged less than 16 years at the time of his trial and as such his joint trial with other adult appellants was illegal in view of the provision of section 6 of the Children Act, 1974. Mr. AKM Shamsul Karim, the learned Ass..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......as believed by the Trial Court. The question as proposed to have been raised by the Appellate Court regarding the fact of exhibit‑ I so far the bainapatra is concerned, is not very much relevant in view of the fact that the plaintiff upon obtaining exhibit‑2 from the defendant No. 2 amended the ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......rnment machineries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation of the Government's opinion for his suspension in view of the provision and the requirements of law contemplated in section 13A of the said Ordinance...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......and children. Sometime in 1971 she went to Karachi with tier children for attending a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangladesh and the then Pakistan she could no..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......n impliedly barred. But the case is otherwise here. Under section 64 of the Ordinance a Magistrate, 1st Class has also been invested with the power to try an offence under the said Ordinance. In that view of the matter the decision reported in 1985 BLD (AD) 278 is clearly distinguishable from the fa..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......haka in 2006. The plaintiffs in these two money suits made out their respective cases having their causes of action at Moulvibazar and Dhaka respectively. At this stage we refrain from expressing our views on the merits of these two suits. Be that as it may, these two money suits were filed before t..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......nts. The learned Judges of the High Court Division without application on their mind on a superficial consideration of the evidence on record gave the accused-respondents the benefit of doubt. In view of the above, we find that the High Court Division has committed fundamental error in giving th..Category: Criminal Law | Date: | Hits: 90
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......er other than the subject matter of theft the conviction under section 379 of the Penal Code cannot be struck down upon such plea. The bona fide claim must relate to the subject matter of theft. This view finds support from the decision of the Supreme Court in the case of Shahajahan Miah Vs. State 2..Category: Criminal Law | Date: | Hits: 73