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Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486....... the election in a free and congenial atmosphere. His further submission is that votes were counted and results were declared by the Presiding Officer in which the respondent No.5 secured the highest number of votes, namely, 1051 votes, as against only 4 votes polled by the petition­er. The respond..

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484....... order of the Returning Officer and allowed the respondent No.6 to contest the election. The appellate order is dated 13.1.88. The election was held on 10.2.88. The respondent No.6 polled the highest number of votes, but the petitioner obtained the Rule Nisi on 17.4.88 and publication of result in t..

Category: Election Law | Date: | Hits: 220

Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)

....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......25.11.81. Therefore as far as Title suit No.224 of 1979 is concerned, it is no longer a pend­ing suit. Order 22 rule 10 cannot apply to Title suit No.224 of 1979 until it is restored to its file and number. 11. In Miscellaneous Case No.105 of 1981, filed under Order 9 rule 9 of the Code of Civil..

Category: Procedural Law | Date: | Hits: 107

Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)

.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......ansferable license, issued to an individual at the discretion of the DM. It is abundantly clear from the text in Section 12(2) that before authenticating a Declaration, the DM is to be satisfied on a number of criteria and that the authenticated Declaration can not be transferred by the recipient of..

Category: Others | Date: | Hits: 171

Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)

....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......is no hard and fast rule that a criminal case should be stayed pending disposal of a civil suit in relation to same subject matter. Each case is to be decided on its own merit. It has been settled in number of cases that indefinite postponement of a criminal case is against the policy of law. When t..

Category: Procedural Law | Date: | Hits: 114

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......s. The husband had no reason to kill his wife and no motive was disclosed in the ejahar or in the evidence on record. The family wherein the occurrence took place was a joint family comprising a good number of members. None of the family members or any of their neighbours was examined, nor the close..

Category: Criminal Law | Date: | Hits: 114

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......died at his house except putting some suggestions that the victim had committed suicide, which could not cast any shadow of doubt over the prosecution case. 24. By this time it has been settled in number of cases that in a case of wife killing, onus is on the shoulder of husband to explain the ca..

Category: Criminal Law | Date: | Hits: 110

Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)

.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......st the claim of the petitioner nor it appears to have empowered respondent No.4 to file any such affidavit denying its decision communicated vide Annexure D. In the affidavit, respondent No.4 annexed number of papers but none of them could be said to be of the Governing Body. So, there is little dif..

Category: Employment/Service Law | Date: | Hits: 147

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......offence if any person offers in connection with any trade or business or sale of any commodity, any prize, reward or other similar consideration, whether in money or kind, against any coupon, ticket, number or figure, or by any other device, as an inducement or encouragement to trade or business or ..

Category: Criminal Law | Date: | Hits: 126

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......e order of the Magistrate by order dated 8-7-96. Being aggrieved by the aforesaid order of the informant petitioner moved this Court and obtained a Rule. 3. It is stated in the petition that large number of witnesses examined by the Investigating Officer in their statement recorded under section ..

Category: Criminal Law | Date: | Hits: 143

Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)

....as soon as may be, with the approval of the Election Commission, a day for a fresh poll and (c) fix a place or places at which and the hours during which such fresh poll shall be taken. (3) All voters shall be allowed to vote at the fresh poll taken under sub-rule (2) and no vote cast at the p......disruption of the election or large scale rigging in any Centre, is just to consolidate the results received from the Presiding Officers and declare elected the candidate who has received the highest number of votes. The next course for him is to send the name of the elected person to the Election C..

Category: Election Law | Date: | Hits: 248

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......t. A is the certified copy of the registered deed of Heba-bil-Ewaj executed by late Faloo's son late Khadem on 28.2.1917 in favour of his wife Korfulnessa, but for obvious reason it contained no plot number. Ext. A (1) is another deed of gift executed by Korful­nessa to her daughter defendant No.1 ..

Category: Property Law | Date: | Hits: 135

Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)

....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......e impugned order and the suit itself was dismissed. 5. Plaintiff filed Mis. Case 27 of 1989 under Order 9 rule 4 of the Code of Civil Procedure for setting aside that order of suit to its file and number. The miscellaneous case was contested by the defendant. An affidavit was sworn, in support of..

Category: Procedural Law | Date: | Hits: 137

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......al haemorrhage may produce marked fall of blood pressure and consequent shock causing death either rapidly, if a large vessel, such as the carotid or femoral artery, has been injured, or slowly, if a number of small vessels have been injured." 36. We have noticed that the accused had with them..

Category: Criminal Law | Date: | Hits: 86

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......here. 3. Against this order Abdul Baten preferred an appeal (No. 4 of 1977) under section 8 of the said Ordinance before the Munsif, 6th Court, Dhaka, which on transfer to Upazila Sreepur was renumbered as Misc. Appeal No.73 of 1983. The learned Munsif on consideration of the materials on reco..

Category: Property Law | Date: | Hits: 110

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

....ishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in his capacity as a voter and member of the public of No. 10, Rakhalbruz Union Parishad, challenges the title of respond...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...

Category: Election Law | Date: | Hits: 216

Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)

....The petitioner wrote a letter to the Returning Officer and the Returning Officer informed the petitioner by a letter dated 7.3.88 (Annexure B) that as no poll was held at Hijla centre on 10.2.88, the voters of the villages under Hijla centre, that is, Hijla, Daripara and Kamargaon cast their votes a...... if they vote again at Hijla centre that can only be known after opening the scaled gunny bags of all the centres containing the election materials and after comparing the voters list, ballot papers, number of votes cast at each centre and other relevant papers. 9. It is our firm opinion that the..

Category: Election Law | Date: | Hits: 215

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ...... University authority formed an enquiry committee. The said enquiry committee after enquired in to the matter found some anomaly in the mark sheet and certificate and also they found the registration number which is submitted by the petitioner is not genuine. Thus the said committee submitted a writ..

Category: Others | Date: | Hits: 186

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......at No.4, Dhaka for recovery of loan amounting to Taka 51,46,231.10 against the petitioner, the Company and its directors. After the Artha Rin Adalat Ain, 2003 came into operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in sh..

Category: Civil Law | Date: | Hits: 269

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......se of holding over a new te­nancy is created by renewal and for eviction of such a tenant 15 days' notice would be good enough. 27. In the view I have taken hereinbefore I am supported by a large number of decisions but reference may be made only to a few. 28. In the case of Ahmedur Rahman Vs..

Category: Property Law | Date: | Hits: 88