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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. ......2 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for one year more. 2. The prosecution case, in brief, is that one Md. Abdul Ali lodged an ejahar with Motlob Police Station, District-Chan..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....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. ......Judgment Syed Mahmud Hossain J. - This appeal is directed against the judgment and order of conviction and sentence dated 24.2.2008 passed by the learned Special Judge, 6th Court, Dhaka in Special case No.3 of 2008 arising out of Metropolitan Special case No. 4 of 2008 corresponding to Ramna Poli..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... 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. ......Suit No.142 of 1976 in the 3rd Court of Sub-ordinate Judge, Chittagong against the Appellants and Respondent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-1..

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.......r R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by the Assistant Sessions Judge, Sirajgonj in Sessions Case No.274 of 1981. 2. The prosecution case, in brief, is that the complainant-informant P.W.1 Mobarak Hossain was a driver. He started fro..

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. ......no grounds have been communicated to the detenu along with the order of detention within fifteen days from the service of the order as required under Section 8 of the Special Powers Act, 1974 nor the case has been referred to the Advisory Board as required under section 10 of the said Act. 6. Mr...

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. ...... up the water reservoir with earth. This gave rise to cause of action in the suit and prayers for injunc­tion. 5. The defendants Nos.1 and 2 contested the suit by filing written statements. Their case is that the suit plot No.3143, 3144, 3146 of Khatian No. 504 of Mohalla Talihaor, Sylhet Town a..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....54 to 1962. D.W.3 contesting defdt No.3 himself demolished his own case by stating in contradiction lo his writ­ten statement case that he purchased this suit-land in 1326 B.S. This cuts at the very root of the defence case. Story of adverse possession cannot be believed on the basis of such incons......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 Sub-Judge,..

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.......ned one witness. The learned Magistrate on consideration of the evidence on record came to a finding that the petitioner had previous enmity with the opposite parties Nos.1 and 2 and had conceded the case taking the advantage of his high official po­sition. Being aggrieved by the judgment and order..

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. ......ondent Nos.1 and 2 to hold fresh poll both for the office of the Chairman and members at Mohanpur Primary School and Ku­ruin Primary School polling stations within the said Union. 2. Petitioner's case in short is that in all the six polling stations, including the aforementioned two, election wa..

Category: Election Law | Date: | Hits: 161

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... been held that if making and signing of a Government order do not conform with the provisions of the Constitution and the Rules of Business, then it suffers from inherent defect and cuts at the very root of an executive action. It becomes an executive order without apparent au­thority. It does not......fficer of that society or any other co­operative society: Provided that no such order shall be made without giving the member an opportunity of showing cause against the order." 7. In a recent case, namely Bangladesh Vs. Md. Afzal and others, 40 DLR (AD) 154 the Appellate Division has noticed..

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. ......be­fore the Election Tribunal, Bhola on 29.2.84 chal­lenging the election of the opposite party No.1 who was declared as the Chairman of No.1 Osmangonj Union Parishad under Charfession Upazila. His case, in short, is that he contested the election for the of­fice of the Chairman, Osmangonj Union ..

Category: Election Law | Date: | Hits: 163

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

....pugned order is, therefore, without jurisdiction. 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) 203. ......lopment Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and order dated 25.5.83 the Labour Court allowed the case on con­test in part. Th..

Category: Labour and Industrial Law | Date: | Hits: 192

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. ......tten statement, that the plaint is not an election petition as the result of the elec­tion has not yet been declared in the official Gazette and that the Civil Court has jurisdiction to examine into cases where the provisions of the Local Govern­ment (Union Parishads) Ordinance, 1983 (hereinafter ..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....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. ......restoration of the building to the petitioner. If the building is in pos­session of the petitioner then also the Court of Settlement can give her "any other relief." The peti­tioner can agitate her case before the Court of Settle­ment "on the ground that the building is not an abandoned property ..

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. ......nd all that he is entitled to is to have a money decree for payment of Tk. 2,50,000/-. 4. The hearing of the suit commenced on 10.4.84. Plaintiff's witnesses have been examined and the plaintiff's case is closed. The defendant-petitioner has been examined in part as D.W.1. On 5.4.88 the petitione..

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. ......ect the learned Judge ought to have rejected the withdrawal petition as a whole instead of closing the petitioner's right to fight out the matter. In support of his contention Mr. Malek has cited the case of Nakimuddin Sana Vs. Sonaulla Biswas re­ported at page 89 in the revised edition of 5 DLR an..

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. .......766 dated 15.2.1978 was lodged before the police at Mohammadpur Station as a result of which the care taker Abul Kalam and his brother were re­leased. On the basis of the said incident, a complaint case was filed before the S.D.O. Sadar, Dhaka being petition Case No.367/A1 of 1978 under sections 1..

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. ......control and inform the Returning Officer that he has done so. Where a poll has been stopped the Returning Officer shall immediately report the circumstances to the Election Commission. In the present case there is no asser­tion by the Presiding Officer that he slopped the poll and informed the Retu..

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. ......absorbed in the revenue set up. It is further observed that ten sweepers out 53 sweepers were transferred to the revenue set up and therefore, the petition­ers made discrimination in considering the case of the respondents and that from the conduct of the petitioners the respondent had reasonable l..

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.......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...

Category: Property Law | Date: | Hits: 49