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Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

....as the police station was at some distance. He lodged the FIR in the following noon. Daroga came to the PO and upon his identification he held inquest upon the dead body and sent it to the morgue. 10 local witnesses cited in the charge‑sheet are either away elsewhere not known of untraceable. ......ight as Aziz was being treated and as the police station was at some distance. He lodged the FIR in the following noon. Daroga came to the PO and upon his identification he held inquest upon the dead body and sent it to the morgue. 10 local witnesses cited in the charge‑sheet are either away elsew..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

....t filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of section 5 of the Limitation Act to special or local law which prescribes a different period of limitation as provided under Schedule 1 of the Limi...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

....reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ......ured by the said Agricultural Research Council Authorities that his case would be favourably considered and he would be called for an interview. Ultimately he was not called for the interview but somebody else was called for the interview. Thereafter, the authorities made some queries from him by se..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....oner with mala fide intention brought his ailing father, respondent No.3 to Dhaka on 22nd March, 1986, Thereafter the petitioner Mr. Sherali Amir Ali Virjee, who is a notorious person and a leader of local mastaans, in presence of respondent No.3, illegally removed industrial raw materials as well a......ut the alleged instruments of transfer of 400 shares to the said Amir Banoo dated 30.1.86 (B Series) clearly show that the signatures of the alleged transferor respondent No.3 are forged, because somebody else put the signatures on the instruments of transfer and those signatures of the alleged tran..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

....tle but they proved their possession on the suit land. Nevertheless, the trial Court dismissed the suit on the ground that the identity of the suit land could not be ascertained in the absence of any local investigation. This decision was challenged in appeal, Title Appeal No.27 of 1981. The appella......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....pplication for vacating stay). We also find that the petitioner without making any prayer for recounting before the Presiding Officers and Returning Officer and without lodging any complaint with any local authority against fair and regular conduct of the said election rushed to the Chief Election C......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. ..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

.... of the plaintiff was dismissed from service for corruption used to help her by giving money. The plaintiff being satisfied by such help, in order to relinquish her debt, made the gift in presence of local Matbar on May 2,1971. He also contended that on the basis of the gift he was in possession and....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

Fazal & others Vs. State, 1990, 19 CLC (HCD)

....sense after some nursing. He was then taken to Manikgonj Hospital at eight but was released next morning and taken to Shaturia for treatment. The mother of the victim Magirunnessa lodged FIR with the local Shaturia Police Station. The police after investigation submitted charge sheet against the acc......e passed by the Additional District Magistrate and sent back the case on remand to the learned Additional District Magistrate for disposal of the case in accordance with certain remarks passed in the body of the judgment. 3. The prosecution case was that on 9.3.86 at about 6 PM as the victim Ab..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....thing done or to be done after the 25th day of March, 1971, the Government of the People's Republic of Bangladesh while section 3(28) of the General Clauses Act, 1897 defines the expression "local authority" to mean and include any corpora­tion established under any law. The plain ...... "the State" in­cludes the Parliament, the Government and statutory public authorities and the expression "statutory pub­lic authority" means any authority, corporation or body the activities or the principal activities of which are authorised by any Act, Ordinance, order..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....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. ......Gazi, appellant Amir Hossain dealt dagger blow on the left side of chest, appellant Mofazzal Hossain dealt a knife blow on the chin, Abdur Rab Bhuiyan dealt a lathi blow on the different parts of the body of victim and Siddique Sarkar dealt a spear blow on the right leg of victim Rafiq Gazi. When Ka..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....sdiction has passed the impugned order rejecting the nomination paper assigning the reason, therefore, the appellate authority appears to have questioned the validity of the certificate issued by the local Branch Manager of the Bank concerned. Then to adjudicate as to whether the petitioner is a def......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. ..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....cused Anisuzzaman on the order of the Officer‑in‑Charge, Gulshan PS and accompanied by the witnesses went to the M/S. Khan and Sons, a Cement shop at H-27 Amtali, PS Mahakholi and learnt from the local people that the appellant runs a rod and iron business but he was absent for 8/9 months and th......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....re outside the bed room. As she was not returning to her bed the petitioner and other inmates of the house searched for Uma Rani but in vain. In the next morning the petitioner came to know from some local people that Nawshed and Wahab Bapari, both sons of Md. Manik Bepari of the same village, had k......wn accord she embraced Islam and then married Nawshed according to Muslim Shariah. She went with Nawshed according to her free will and there was no force, inducement or enticement from Nawshed or anybody else. After marriage she lived with Nawshed as his wife, for some time. She was examined by a M..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... the judgment and decree of the present suit due to the paucity of fund under the particular head, the appeal was filed on 20.7.88 along with a photo copy of the judgment and decree obtained from the local users of the suit pond and the learned District Judge allowed defendant‑petitioner time up t...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....ves. The petitioner has not impleaded the Government in this writ petition. The petitioner being the sitting Chair­man of the Nabinagar Upazila Parishad and an im­portant public figure of the locality at the relevant time must have knowledge of the delimitation of area not only from the time...... 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. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ...... orders. 10. In Criminal Contempt Case No.6 of 1989, judgment on 31.5.89 we had the occasion to observe as follows:— "The prison authorities are the custodian of the detenu's body. The prison authorities are not the detaining authorities themselves. They can­not allow th..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....re the accused pointed out a particular place and on his digging earth two dead bodies were brought out in presence of P.W.1 Moyenuddin, relations of deceased Sapan Kumar and Mashiur Rahman and other local people. The dead bod­ies were identified by their relations as those of Sapan Kumar Mitra ......kept concealed under the earth. The accused himself dug earth and brought out two dead bodies from the place. Informant Moyenuddin, Tapan Ku­mar Mitra and many others were present there. The dead body of Sapan Kumar Mitra was identified by Tapan Kumar and Wahidul Islam identified the other dead ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......yanganj is said to have opined that the victim girl is aged between 18 to 19 years. The Board consisting of three professors of the Dhaka Medical College opined after a superficial examination of the body and the X-ray that the age of the victim girl is be­tween 18 and 19 years. From the S.S.C. Adm..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....tadium Branch through its Agrabad Branch, Chittagong; to provide warehouse facilities which could be controlled by the Bank personnel and securi­ty guards; and to deposit, on demand by the Bank, all local expenditures including custom duty, income tax, breaking cost, incidental costs, bank charges ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....stan or Article 226 of the Indian Constitution. It has given to the Courts the power to give directions to per­sons performing certain function in connection with the affairs of the Government or local au­thority to do or to refrain from doing that which the law require them to do or which i......ling to India. He implicated himself, his brother the detenu, and others including three foreign associates. He termed his brother; the detenu, as the leader of an in­ternational Smugglers’ body, He further stated that he was suffering from a skin disease and was under the treatment of Dr...

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95