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Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
.... newly-declared urban area challenged the holding of by election excluding his area on the ground that he was deprived of his right to become a candidate in the said election or to cast his vote as a voter of Jhalakati Pourashava. 14. Facts of the reported case are more or less similar to those o......rea. 3. On 24.10.88 a Gazette Notification No. SHA-II/20-5/88/234 (Annexure E) was published purportedly under sections 19 and 24 of Pourashava Ordinance, by which the respondent No.1 declared the number of wards, demarcation of wards and number of Commissioners to be elected from each ward of ..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......g in the District Courts at Dhaka and Khulna were transferred to the original side of the High Court of the then East Pakistan and were finally fixed for analogous hearing. These three suits were re-numbered as Transferred Suit Nos.1/70, 2/70 and 3/70 in the then High Court of East Pakistan.
3. ..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......'s Library of the Permanent Bench at Sylhet is a misnomer having no reference books at all. Mr. A.K.M. Faiz, the learned Advocate for the appellants, has rendered valuable assistance in making a good number of reference books available to this Court for this case. We acknowledge such praiseworthy en..Category: Criminal Law | Date: | Hits: 141
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... elected as the Chairman of the concerned Union Parishad, because it is a settled law in respect of votes given to a disqualified candidate that unless the disqualification was a notorious one, the voters who voted for the disqualified person cannot be disenfranchised for no fault on their part. I......ction has been materially affected the Tribunal has to be satisfied whether the votes given to Barkat Ali should be thrown away so as to give the seat to Rashid Ahmad Rahmani who has secured lesser number of votes. It is impossible to foresee what the result would have been if Barkat Ali had not..Category: Election Law | Date: | Hits: 187
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ...... Section 8 of the Special Powers Act, 1974 requires the respondents to serve the grounds of detention within 15 days from the date of detention. So the respondents had time up to 26.3.89 to serve any number of grounds that they thought fit. Within 26.3.89 the respondents could also add to, vary or a..Category: Criminal Law | Date: | Hits: 107
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....would know if be chooses to examine a particular ballot paper and the Election Commission is not legally bound to disclose this pattern of voting to outsiders or even to leaders of the House or other voters. So the contention of illegal exposure is not correct. He further submits that the history of......hat every and each member of the parliament shall have one vote. Sub‑section (3) of section 10 provides that for voting purposes, the Election Commission should prepare ballot paper of the required number and each ballot paper should have two parts and in the counterfoil in each ballot the name of..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......property and he has no bonafide requirement as alleged. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit property in his favour. Th..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......9 the petitioner No.2 made a representation before the respondent No.5, the Registrar of Trade Unions, for cancellation of the registration of the Union, respondent No.5 alleging the 30% of the total number of workers employed in the Bank, which is required for registration of a Union, did not join ..Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge 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: 41 DLR (HCD) (1989) 513.......n the suit. 4. The defendant-petitioner appeared and filed a written statement. The suit was transferred to the 5th Court of Subordinate Judge from the 3rd Court of Subordinate Judge and it was re-numbered as Money Suit No.11 of 1980. 5. The defendant-petitioner wanted the learned Subordinate ..Category: Civil Law | Date: | Hits: 142
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338....... same was dismissed for non-prosecution. It further states that in this petition that other co-accused have preferred appeal in this Division and some of them were granted bail. 3. There are large number of decisions of the superior Court that even a non-appealing co-accused convicted in a case m..Category: Criminal Law | Date: | Hits: 91
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......r condonation of delay. Although the provision of section 5 of the Limitation Act has been made applicable to an application under Order 9, rule 9 of the Code of Civil Procedure by the notification number 2455-G dated 9.4.56 no application has been filed for condonation of delay nor any ground for..Category: Limitation Law | Date: | Hits: 275
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......s concerned with the problem of accidental injury to the person or damage to property, and the general approach of the law of tort to this problem rests of two broad principles. Both are subject to a number of exceptions and qualifications but by and large it is the case first that the victim of acc..Category: Civil Law | Date: | Hits: 339
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......as Article 102 of the Constitution is not available for enforcement of a contract and is meant for vindication of a Specific legal right. In support of their contention they have placed reliance on a number of decisions namely, Radhakrishan Agarwal and others Vs. State of Bihar and others reported..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... of the compromise". In the case of Umia-shankar Naranji Vs. Shivshankar Prabhashankar, 1944 Bom (D.B) 239 the view expressed in Onkar Bhagwan was also not followed. Sen, J. after reviewing a large number of cases on this subject held that "In our opinion though ordinarily where a decree has been ..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......in question. In order to collect the full particulars for filing a pre-emption case under section 96 of the State Acquisition and Tenancy Act, the petitioner has to know the names of the vendees, the number of plot of land and the quantum of land sold by the vendor in order to examine as to whethe..Category: Property Law | Date: | Hits: 100
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......of cost of Tk.100/- to the defendants. Thereafter the Misc. Case was heard and the order of dismissal of the suit for default made on 20.9.1983 was set aside and the suit was restored to its file and number on condition to pay cost of Tk. 200/- to the defendant within 7 days. But as the same was not..Category: Criminal Law | Date: | Hits: 85
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... the Code of Civil Procedure and, as such, Labour Court acted illegally in passing the impugned judgment setting aside the order of dismissal and restoring the complaint cast to its original file and number. In support of his contention learned Advocate relied on the decision in the case of Pubali B..Category: Labour and Industrial Law | Date: | Hits: 177
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... to the fact that two individuals namely Moksed and Tutul had approached Sayeed that particular morning to undertake the journey and it were these two individuals who along with Sayeed and Badshah, numbering four altogether, proceeded on to Utholi. Breaking their journey there for foods, these f..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......na Begum, Advocates-For the Intervener Bangladesh Mahila Parishad. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......mesteads by a brick fencing. A bit far from the said homestead the defendant No.3 constructed another double storied building on a portion of plot No. 4568 and those 2 homestead bear separate holding number and the defendant petitioners has been paying rent regularly to the Government as well as to ..Category: Civil Law | Date: | Hits: 154
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