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....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
...... Huq and others hold that the commission has power to pass any order it likes in case of Election Parishad Election to see that it is conducted justly, honestly and fairly interpreting rule 70 of the Union Parishad (Election) Rules, 1983 which is in the same language with the deleted rule 68 of the ..................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....ppeal is that there was an altercation between the supporters of two rival candidates in an election for the office of the Chairman of Union Parishad. One Bazlul Rashid Sarker was a candidate for the post of Union Parishad Chairman and the rival candidate was Shiraj Chowdhury. In that altercation Vi......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ...... 2. The short fact that will be relevant for disposal of this appeal is that there was an altercation between the supporters of two rival candidates in an election for the office of the Chairman of Union Parishad. One Bazlul Rashid Sarker was a candidate for the post of Union Parishad Chairman and......The short fact that will be relevant for disposal of this appeal is that there was an altercation between the supporters of two rival candidates in an election for the office of the Chairman of Union Parishad. One Bazlul Rashid Sarker was a candidate for the post of Union Parishad Chairman and the r..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
.... defendant‑petitioner and came to a finding that notice was issued on 14.6.84 and served on defendant‑petitioner on 17.6.84. In this connection the learned Advocate for opposite party referred to postal receipt Ext. 5 and also a report by the Deputy Post Master General which purport to show that......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ...... Nagar and Others........Respondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Par..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. 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) 18. ...... Tk. 8,000/‑ from the plaintiff on 24.2.71 and acknowledged the same by putting LTI on a receipt as his right hand was badly affected in catching fish. The plaintiff along with his family members has been residing in the huts of the homestead in the suit land since the day of bainapatra.......ultivated the suit land after him, but could not say how many pakhis of land the plaintiff had barga cultivated. 23. D.W.4 Shamsuzzaman is a villager of Satarkul. He was chairman of the Satarkul Union Council from 1974 to 1976. He denied his knowledge about any contract for sale of the sui......e are set aside and the suit is accordingly dismissed. 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) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
.... care so that guilty person is not wrongly acquitted on the plea of enmity nor innocent person wrongly convicted on that basis....................(21) Provision of section 509A. Cr. P.C The post-mortem report is sought to be admitted into evidence on the ground that the doctor left the cou......n charged. Section 34 of the Penal Code applies in a case where criminal act is done by two or more persons in furtherance of the common intention of all. Whereas section 149 applies in the case of a member of an unlawful assembly when a criminal act is committed by any member of an unlawful assembl......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ....... Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Section 6(2)g Local Government (Union Parishad) Ordinance, 1983; Section 7(2)g Contract Act, [XII of 1872]; Section 62 A c...... Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Section 6(2)g Local..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....se and the teamed Judges of the High Court Division ought to have stayed the operation of the order dated 17.9.86; and (ii) that it‑ the appellant along with her newly-born child was ordered at the post-natal critical stage to remain in judicial custody then her health as well as the health of the......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......e was 19 years old and major. 13. P.W.6 is the victim girl Nasima Begum alias Uma Rani Malakar. In her deposition she described herself as a Muslim, but by birth she was a Hindu. She could not remember the date of her birth. Her deposition was taken on 23.8.88 about two and half years after the......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ioner is not a voter from the area taken out from Nabinagar Upazila and he was aware of the same from the time of the Gazette Notification dated 6.11.89 and neither he nor the voters of the said Union were prejudiced in any manner and the petitioner by giving a go‑by to the said delimitation ......clared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner was a candidate in the election for the office of Chairman, Nabinagar Upazila Parishad, District Brahmanbaria held on 16.3.90. He along with six others including the respondent N..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......m to inform her uncle, Advocate Rahamatullah. Advocate Rahamatullah informed her mother and father and after receiving information she was recovered. She told them everything but she does not remember if she was kept in the house of Prem Charan and she also does not remember whether she had ......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....e time while he was forwarded before him for recording his statement under section 164 of the Code of Criminal Procedure. 25. P.W.13 Dr. Md. Jafizur Rahman attached to Mohammad Ali Hospital held post mortem examination on the dead bodies of Sapan Kumar Mitra and Mashiur Rahman, both of dis......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6......i Bliuch Vs. Government of Pakistan 20 DLR SC 249 (257); Godavari S. Vs. State of Maharashtra AIR 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC 310; Basanta ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....g in charge of the Fair Price shop was a public servant. He received various goods worth Tk. 1,91,961.88 paisa. He deposited Tk. 95,986,82 paisa as sale proceeds of those goods in different Banks and post Offices. On 5-6-75 a Magistrate of Natore visited the shop and prepared an inventory and found ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......rocedure framed by the learned Special Judge against the accused appellant which is quoted as under- ''Allegation against you is that from 13-9-72 to 4-6-75 while you were Store Keeper of Lalpur Union Fair Price Shop situated within the P.S. Lalpur, District Rajshahi, you were a public servant ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....r that the petitioner did not pay rent in spite of notice for payment of arrear rent as served upon the petitioner by the Additional Deputy Commissioner (Revenue) Moulvi Bazar by registered post on 29.12.1984. As the petitioner did not pay rent he became a defaulter and as to the develop&s......f rights and duties which are referable to contract simpliciter in the absence of any arbitrary or mala fide allegation, substantiated on facts cannot be agitated in writ jurisdiction. 16. Now remembering in this principle enunciated by the highest Court of this country with regard to whether w......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ...... "Notwithstanding anything contained in the Muslim Family Laws Ordinance, 1961 (Order VIII of 1961) and the consulation orders 1961 (Orders XLVI of 1961) the function of the Chairman or any members or Local Council under any of the said Ordinance shall be performed by such person or person......that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was fixed at Tk. 25,000/-. The marriage was duly registered in the office of the Nikha Registrar, Katra Union, P.S. Lallbagh, Dist. Dhaka. After marriage they lived together as husband and wife in the hou......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....1 and the opposite party in order to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petit......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... in three centres, namely, South Dharmapur Primary School Centre, North Dharmapur Primary School and Fena Pushkarini Primary School Centre. The petitioner and the opposite party Nos.1-6 contested the post of Chairman. On 5.1.84 election at North Dharmapur Primary School Centre was duly held, but in ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......late Judgment and order of reversal arising out of an election petition. The Election Tribunal set aside the election and declared the petitioner to be the elected Chairman of the concerned Union Parishad. The learned District Judge, Feni on appeal reversed the judgment and order of the El......udgment and order of reversal arising out of an election petition. The Election Tribunal set aside the election and declared the petitioner to be the elected Chairman of the concerned Union Parishad. The learned District Judge, Feni on appeal reversed the judgment and order of the Election..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......ossain Majumder filed Election Tribunal Case No.4 of 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of the election of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kad...... Majumder filed Election Tribunal Case No.4 of 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of the election of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kadghar P..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
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