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Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....c mention during the trial with regard to entertaining 600 Polling Agents. Hence there was an allegation of bribery. Mr. Halder laid stress upon the fact that the 600 Polling Agents were appointed in excess of the number permitted by law and they are all possible voters and were swayed by the paymen......Md. Tofazzal Hossain, who deposed as D.W.3, stated that he is the Amir of Jamaat-i-Islami Bangladesh, Pirojpur District and was Chief Election Agent for M Sayedee. As Chief Election Agent, it was his duty to conduct the entire election and all the expenses were made through him. He submitted the ele..Category: Election Law | Date: | Hits: 300
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......ess. At the intervention of the neighbours Kamal Chakraborty and Kajal Chowdhury, the informant took his mother to the Thana and Thana Officer-in-Charge was toldabout the occurrence. The officer on duty at the Thana advised the informant to take step for medical treatment of his mother and further..Category: Criminal Law | Date: | Hits: 118
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......decreeing the suit and the learned Appellate Judge did not properly discuss and evaluate the evidences on record in its entirety and correct perspective thus the learned appellate Judge failed in his duty and arrived at wrong finding and decision leading to error in the decision occasioning failure ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......d by one party………………..(42) The wife can claim past maintenance for the child if she has been supporting the child in the same household without any contribution from the father whose duty it is to maintain the child. But if she does not claim separate maintenance for the child, the ..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
..... In that case their Lordships on consideration of the tenor of the language used in clause (X) of section 3(2) of the Defence of Pakistan Ordinance, 1965 it was observed that this clause constituted excessive delegation of legislative power for restraint upon personal liberty and to gain protection......taining authority it is subject to the ascertainment of reasonable grounds, which is a quasi‑judicial function. The inference whether the authority acting under a statute where it is silent has the duty to act judicially will depend upon the express provisions of the statute read along with the na..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... when the other conditions relating trial remains the same………………..(19) The Constitution of Bangladesh provides for right to speedy trial of a person accused of an offence and it is the duty of the Parliament to enact the law to ensure such right and the Druto Bichar Tribunal Ain, 2002..Category: Criminal Law | Date: | Hits: 177
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......rejected the application by two words. Where a third party has claimed property under attachment in execution of a decree and filed an application under the aforesaid provision of law, then it is the duty of the court to investigate the claim and the executing Court should not reject the application..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......identify the said differences so instantaneously with his bare vision. He also submitted that the banks bear a particularly distinctive responsibility as the custodian of their customers' money. This duty, said Mr. Huq, require the banks to be on their guard in honoring cheques, submitting further t..Category: Criminal Law | Date: | Hits: 130
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......ns of sub-section (2), communicate to the person affected thereby the grounds on which the order has been made to enable him to make a representation in writing against the order, and it shall be the duty of such authority to inform such person of his right of making such representation and to affor..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......legally dismissed the appeal summarily holding that the appeal is barred by limitation. The learned Advocate placed before me section 339B Cr.P.C. and submits that provision of said section casts a duty upon the Court to publish the order of the Court directing the accused to appear before the tri..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......4 of the said Act. 2. The prosecution case, in brief, is that on 17-06-1999 informant P.W.1 S.I. Md. Shajahan along with A.S.L Sheikh Abdullah (P.W.2), Constable Abul Kasem (P.W.3) were on special duty at Mirpur area. At about 11-30p.m. he received an information from secret source that 5/6 armed..Category: Criminal Law | Date: | Hits: 103
Category: Alternative Dispute Resolution | Date: | Hits: 589
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......bul Hashem son of late Habibur Rahman, who is in custody in connection with ST Case No.20 of 1988 and an innocent person is being held in custody for suffering imprisonment for life for negligence of duty of a police officer which is dangerous for the society. The Police personnel while executing an..Category: Criminal Law | Date: | Hits: 88
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......r-in-law. He also submits that Zakaria Kabiraj is a renowned Kabiraj in the locality and he has been handling the said profession from the time of his father and in discharging his professional duty he used to meet with many people and if anybody else dies immediately after leaving his company..Category: Criminal Law | Date: | Hits: 147
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......n he has placed the case of Anis Mondal Vs. State, reported in 10 DLR 459. He then placed the case of Kazi Ibrahim @ Ibrahim Kazi Vs. State, reported in 11 BLD 423 and submits that the defence has no duty to prove anything. It is the prosecution's duty to prove the case beyond all reasonable doubts ..Category: Criminal Law | Date: | Hits: 88
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... like the Assistant Public Prosecutor in this case to assist the Court to frame charge properly on the basis of the materials on the record of the case and documents submitted therewith and it is the duty of the judge to frame charge after perusing the record and documents submitted therewith, heari..Category: Criminal Law | Date: | Hits: 89
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ...... relying on section 25A of the Customs Act, 1969 and the Government's Pre-shipment Inspection Rules framed thereunder which were allowed the petitioner to import the consignment on payment of customs duty and other charges on the basis of Clean Report Findings (CRF) value. 4. It is stated that th..Category: Fiscal/Taxation Law | Date: | Hits: 151
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......roduction of a certified copy of a sale deed does not, however, warrant presumption of due execution of original document and a party producing secondary evidence of a document is not relieved of the duty of proving execution of original. It has been further stated: Even in a case where a document i..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......ledge goes, room No.906 was rented in the names of Rois Khan and Ibrahim, they are Pakistani nationals. He can not remember at this moment when Ibrahim at first ranted the room. It was not within his duty, for this purpose another manager was appointed. House Keeper, Shaheen, at first, informed him ..Category: Criminal Law | Date: | Hits: 112