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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....ion) in its meeting held on August 6, 2005 took the decision to prepare the voter list as the Commission felt necessity of preparing the voter list "shompurno trutu mukto". 6. The provision of Article 119 of the Constitution has assigned to the Commission, amongst others, the fu...... sub-section 7 of section 7 of the Ordinance there is no embargo on the power of the commission to prepare a fresh voter list and in the preparation of fresh voter list the Commission is not by the law required to take notice of the existing voter list. It is the contention of the re..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... the appeal are that the appellant while serving as Senior Scientific Officer at the Coconut Research Centre, Rahmatpur, Barisal was served with the show cause notice dated December 15, 1993 as per provision of Regulation 39(Kha) of the Bangladesh Agricultural Research Institute Employees Service...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......e victim was caused by the two appellants with intention of causing death and, as such, the order of conviction against the appellants under sections 302/34 of the Penal Code is not sustainable in law. 9. Mr. Abdur Rouf, learned Deputy Attorney-General on behalf of the State, oppose..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....2 to 188 of the [Penal Code], except-on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate 5. From the aforesaid provision of law it appears that in case of offences punishable under sections 183/186/188 of the ......e [Penal Code], except-on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate 5. From the aforesaid provision of law it appears that in case of offences punishable under sections 183/186/188 of the Penal Code a c..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ed and that the seller would be entitled to a penal interest @ 3% per annum in addition to the 8% per annum on the instalments and also to recover defaulted installments or unpaid amount under the provisions of the Public Demands Recovery Act, 1913. The schedule annexed to the said agreement has......spondent Nos. 1 and 2 denied this position or refused to include the said land or asserted that it did not belong to the company, the respondents had not been able to discharge the burden in law which was on them and the trial Court's finding in this regard is just and proper and the High ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....f the High Court Division and thereby damaged a basic structure or" the Constitution; as such, it is void. The Impugned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkabl......f Saw for all citizens and in furtherance of that aim Part VI and other provisions were incorporated in the Constitution. By the impugned amendment that structure of the rule of law has been badly impaired, and as a result the High Court Division has fallen into sixes and..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ill be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law". 8. Mr. Julmat Ali Khan, the learned counsel appearing for the condemned petitioner Mizazul ..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... and feet by the accused persons who took him from one place to another and ultimately left him on the river bank. He supported the Informant's case that while he had been talking with his brother-in-law in his mother's hut the appellants killed Halima Khatun with several blows of kirich, sendao and..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....and the accused. 4. In determining whether a person is or is not a partner regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. To this provision of section 6 of the Partnership Act, 1932 there are two explanations: "Explanation 1......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ailants in his Ejahar. Had Ramjan participated in the assault on his son, there was hardly any reason why he would be omitted by him in his ejahar. Both Tayeb Ali and Ramjan Ali were members of the unlawful assembly which committed rioting in prosecution of their common object in assaulting Bazlur R..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....vestment Division), Investment Wing, Sec-IV. of defendant No.2 and letter of defendant No. 1 dated 26.2.1981 demanding rate of interest at 7 1/2 per cent per annum are wholly illegal, against the provision of contract, malafide, unauthorised, void and not binding upon plaintiff and other loanees......n challenged in this suit and prayed for relief in the terms mentioned above. 5. The suit was contested by the appellant Corporation and it was pointed out that the Corporation was a creature of law namely, Bangladesh House Building Finance Corporation Order, 1973 (P.O.7 of 1973) and as per sub..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....e hardship of the plaintiff who had a registered kabuliyat of 1947 in his favour which the trial court found to be valid and genuine. This may be so but the court cannot help because of the legal provisions made in respect of diluviated lands. It is, however, upto the Government to consider th......ber, 1972. 86. (1)...................................................................................................................... (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... November 27, 1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless......27, 1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant c..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....or by the respondent No. 1 or by the Board of trustees. 4. In the Affidavit filed on behalf of respondent No. 1 the allegations made by the appellant were denied. It was stated that the relevant provision of the Dhaka Improvement Trust Service Rules, 1971 provided for promotion from a lower p......motion. It has to be earned and cannot be enforced. Scarcely ever a court will interfere in matters of promotion unless it can be shown that the selection for promotion has been in violation of any law or minted with any debilitating factor, namely, bias, malafide or unfairness. 13. Upon a sc..Category: Employment/Service Law | Date: | Hits: 89
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......hat the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of the Registration Act on compliance of all requirements of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evid..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... since these acting chairmen are not representative members the removal was not passed in accordance with law. 7. The learned Judges of the High Court Division have dealt with the meaning of the provision of section 4(3) which says the Chairman of the Union Parishad within the Upazila shall ex-......an'. The legislature did not say so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally because the composition of the Upazila Parishad meeting was ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... illegal and not binding upon the plaintiffs. 3. Plaintiffs' case was that plaintiff No. 1 being in need of money decided to mortgage. 20 decimals of land to defendant Nos. 3 and 4 (his son-in-laws) for a consideration of Tk. 500/-. Accordingly plaintiff No. 1 went to Faridgonj S.R. Office on..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....1898), section 498 Where there is hardly any chance of abscondence in a case under section 420 of the Penal Code read with section 5(2) of Act II of 1947, and where the order of sentence under the provision is under challenge on appeal the accused appellants may continue on ad-interim bail grante...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..............Respondent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The app..Category: Criminal Law | Date: | Hits: 53
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