Search Options
Judgment Advanced Search
Displaying 721-740 of 2232 results.
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......ommon stand taken by them is that in both the nomination papers there were overwriting on the voter's numbers of the proposer as well as the petitioner/candidate causing variation of voter numbers from that of the Electoral Roll and so both the nomination papers filed on 23‑12‑2002 and 31‑......ase of Webb Vs. Minister of Housing and Local Government [1965] 2 All ER 193 it has been held that in view of the above confusion is created. However subsequently the courts took the view that as an independent ground of attack, malafide (malice in fact) should be distinguished from malafide malic...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......k shelter in the house of his elder brother at village Shyampur in 1950. He had no property. The plaintiff gave in marriage of his sisters and bore all the educational expenditures of younger brother from his earnings. The plaintiff’s father retired from his service in 1968. The plaintiff purchase......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......test, uniformly applicable in all situations, can be laid down, yet in weighing the probabilities and for gathering the relevant indicia, the courts are usually guided by these circumstances, (1) the source from which the purchase money came; (2) the nature and possession of the property, after the ..Category: Property Law | Date: | Hits: 103
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ed that while holding investigation in Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police arrested accused-appellant SH Habibullah Hablu on suspicion on 30-1-92 and came to know from him that one SMG and some other firearms and ammunition were kept under the possession of accus......pearing for the appellant Abdul Matin in Criminal Appeal No.741 of 1993, while adopting the argument of Mr. Shaukat Ali Khan, further stressed that the non-examination of the shop owner and the other independent and reliable persons from amongst the members of public had rendered the prosecution cas......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
.... have examined independent witnesses in support of their case instead of relying on the evidence of interested witnesses, who are all close witnesses of the deceased. In this case there being no such corroboration by the evidence of competent and independent witnesses, the trial Court has wrongly fo......f Taka 5,000.00 each, in default, to suffer rigorous imprisonment for three months more each. 2. The prosecution case, in short, is that on 15‑11‑90 deceased Abdur Rashid Bepari returned home from Demuddya hat after sunset and in the same evening accused Shamsul Haque Sardar came to the hous......n the evidence of the P.Ws.1, 2, 5 and 7, who are all interested witnesses. He further submits that in a case where bitter enmity is admitted between the parties, the prosecution should have examined independent witnesses in support of their case instead of relying on the evidence of interested witn......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d-appellant who after receiving the same transferred it to the accused No.3 and then the informant along with his force entered into that office and after searching their body recovered those notes from the pocket of accused No.3 and made the seizure list and for which the accused persons committe...... the prosecution P.W.14 and P.W.15 as per their statements show that they are the men of P.W.8 and treated them as chance and subsequent witnesses for the purpose of the prosecution. So there is no independent, trustworthy and corroborated witnesses as to giving or acceptance the bribe between P......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......cult situation within 72 hours when he was kept under detention in Jail custody without having sufficient document with him to give particulars of assets. The convict-appellant has been suffering from complicated and serious diseases endangering life for last few months. On 10-9-2008 his physi......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......in default to suffer rigorous imprisonment for 1 (one) year more and also confiscating the properties in the name of the appellant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007 the a..Category: Criminal Law | Date: | Hits: 125
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....nd evidence of P.W.2 doctor and contends that manner of occurrence as to overt act of accused-appellants causing injuries to victim Azizul Islam, evidence of P.W.1 and other public witnesses duly got corroboration from Exhibit 2 and evidence of P.W. 2. He finally submits that impugned judgment, and ......rmant Saidul Islam and his elder brother deceased Azizul Islam went at 4‑00 PM to Kashigonj Bazar. While they were returning at 10‑00 PM and when they came to the place on the road 200 yards west from the house of one Gofur 5/7 miscreants encircled them and stopped them on the road. Informant Sa.......3 Abul Hossain and P.W.6 Torab Ali were mama of P.W.1 and victim. P.W.5 Giasuddin and P.W.8 were neighbours. P.W.1, 3, 5, 6, 9 being related to each other were interested witnesses. No disinterested independent impartial witness could be examined. It appears occurrence took place at a distance of 2......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......court comprising Md. Abdur Rouf and Syed Fazle Ahmed JJ. The learned Judges dismissed the Jail Appeal preferred by the condemned prisoner, Abul Khair, and accepted the reference. They however, differ from each other on the validity of the conviction and sentence of the two appellants in Criminal App...... the motor cycle. The motor cycle then started off and they together escaped towards the east. Such facts have been furnished by the evidence of P.Ws. 1, 3, 4, 5, 6 and 8 who are found to be natural, independent and trustworthy. All the said witnesses in one voice stated that they found Mainuddin wa......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......amass property by dishonest means on the part of public servants and other persons and an overwhelming public urge for redress, Government have adopted a firm policy to eradicate this evil completely from the country and have decided to initiate strong measures to punish the offenders. They have alr......d have decided to initiate strong measures to punish the offenders. They have already reorganised the Anti-Corruption agencies of the Government and constituted a separate Anti-Corruption Directorate independent of the Inspector General of Police and have created a separate Government Department for......hority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known source of income and had submitted a false statement in reply to the notice served on him. So an Ant..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......our. The accused-petitioner, subsequently, on different dates took Taka 2,000.00 by granting receipts putting his signature thereon. In that way the accused petitioner, though, received Taka 5,000.00 from the complainant delayed and delayed the execution and registration of sale deed in his favour. ...... matter finally came up for consideration before the Appellate Division in Sher Ali (Md.) and others Vs. State, 46 DLR AD 67 wherein their Lordships laid down: “The inherent power may be invoked independent of powers conferred by any others provisions of the Code. This power is neither appellat...... justice. The expression “quashing of proceeding” is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This Rule has its source in the maxim quado lex aliquid alicui concedit, concoders videtur id sine quo ipsa esse non p..Category: Criminal Law | Date: | Hits: 112
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......he plaintiff that there was an oral agreement between the two brothers that residential house would be constructed in the land of the schedule ‘B’ out of the joint fund of the two brothers coming from their joint business, namely, two tea gardens named Rema Tea Company and Sahabajpur Tea Company......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......A’ as half with the finding that the property of schedule ‘B’ is the self-acquired property of defendant No.1, who used to serve as a doctor (house surgeon) in Dhaka Medical College with other source of income. The trial Court further observed that the plaintiff failed to file any scrap of pa..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......otwali Police Station, Sylhet (Annexure-B) alleging, inter alia, that on that day at about 12-00 hours the Customs Officials on duty, on tip off, searched the body of the petitioner after his arrival from abroad and recovered 19 gold bars each weighing 10 tolas in hiding from within a belt alike bag......al Procedure before this Court in its criminal jurisdiction. The power of this Court both under Article 102 of the Constitution and section 561A of the Code of Criminal Procedure is extraordinary but independent of each other and either proceeding is summary in nature. It is conceivable that we shou......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......onstitution and cannot be taken away. It continues to exist till the election petition is finally settled. 12. Mr. Ariff further argues that if an election, contemplated under Article 123, is free from dispute it will a complete election as it reaches a finality with gazette notification. But in ......n process starts from filing of the nomination paper and continues till the disposal of the election petition. He further submits that Article 118 of the Constitution makes the Election Commission an independent body, subordinate to none but subject to the Constitution only, Article 119 of the Const......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... due consideration by the proper authority, inasmuch as the Board of Directors of the Corporation in its duly held meeting for the purpose took resolution dismissing the plaintiff opposite party No.1 from service as he was found guilty of the charges brought against him by the Summary Martial Law Co......id memorandum is applicable in the case of the plaintiff opposite party inasmuch as the Government Servant’s Rule 1976 has been adopted by the Corporation and that the Corporation has not taken any independent decision by itself and the dismissal order itself on the face of the record shows that t......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......and Jhalakati and it is difficult and impracticable in the present circumstances to manage this scattered barren lands and khals and sometimes the cost of realisation exceeds the amount of collection from the khas land. It has been further stated that out of 100 bigas of khas lands that were allotte...... to Calcutta University to be spent for the advancement of education amongst Hindu females of Bengal. 4. After the partition of Bengal and India in the year 1947 and the creation of Pakistan as an independent State, the Administrator General and Official Trustee, Government of East Pakistan used ......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......respondents 4 and 5 before the respondent 2 who, after consideration of all material documents and holding spot enquiry in the matter, held that all drivers of the Pabna District separated themselves from the original union and formed Pabna Zila Truck Chalak Union on January 22, 1985 and complied wi......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... 2(27) of the Ordinance, 1983, "Motor Vehicles" means any mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source but excludes vehicle running upon fixed rails or used solely upon premises of the owner. Truc..
Category: Labour and Industrial Law | Date: | Hits: 171
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......retransfer of the said land on refund of the consideration money within 10 years but after 10 years of the execution of the said documents. The plaintiff demanded the execution of the retransfer deed from the defendants on ground of the consideration money but defendants having refused to execute th......ts in such a case are interdependent in that the agreement upon one part of the bargain may well have promoted agreement as to the rest and so long as they are intended to be effected as separate and independent transactions outright sale followed by reconveyance, they are both legal and provable in......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......ght on 7.6.90 one of the accused witnessing them tried to run away who was then chased and caught by them and on search of his body 2 puria (packets) of heroin contained in a match box were recovered from his possession. On query he disclosed his name as Nurul Islam, son of Late Ramiz Uddin of 10‑......e alleged recovery of heroin from the possession of this appellant Baharuddin beyond any shadow of doubt and, in fact, it is very difficult to hold in absence of the evidence of any disinterested and independent witness that the alleged packets of heroin were recovered from the possession of this ap......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......1st party respondent furnished the performance bond. After furnishing the performance bond by 2 (two) installment 1st party respondent received 50% as advance of price money totaling Taka 8,76,29,269 from the 2nd party. On 14-12-2004 the 1st party wrote a letter to the Chairman, Chittagong Port Auth......nment of Andhra Pradesh reported in 4 SCC (1991) page 93 "A dispute as to jurisdiction error-Award beyond limits of the contract -Arbitrator cannot act arbitrarily, irrationally capriciously or independent of the contract-Award deliberately departing from the contract, apart from constituting ......eded his jurisdiction of the arbitrator is, it is open to the Court to see what dispute was submitted to him. If that is not clear from the award, it is open to the Court to have recourses to outside sources. The Court can look at the affidavits and pleading of parties; the Court can look at the agr..Category: Alternative Dispute Resolution | Date: | Hits: 334
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....atement he failed to produce any document. I have examined the depositions of all D.Ws. and in support of maintenance of the property by the defendant-petitioner as vested property do not furnish any corroboration by any other independent witnesses. So, the same are vulnerable to the credibility. Mo......intiffs case, put in a nutshell, is that 0.76 acres of land described in Schedule 'Ka' of the plaint belonged to Raja Promotho Bhuson Deb Roy Bahadur (briefly as Raja) who settled 0.1½ acres of land from plot No.254 to Ovimannaya Malo who subsequently transferred the same to the plaintiff by a regi......e any document. I have examined the depositions of all D.Ws. and in support of maintenance of the property by the defendant-petitioner as vested property do not furnish any corroboration by any other independent witnesses. So, the same are vulnerable to the credibility. Moreover, the evidence in res......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
71957193719071897186718171797173716871677150714771417140713971387116711571137104