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Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ll be ensured. He also refers to Article 59 of the Constitution which, inter alia, provides that Local Government in every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law. 6. The Local Government (Union Parishads) Ordinance, 19..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
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Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......was no continuity of their service. The Mujibnagar Employees (Conditions of Service) Rules, 1980 provides for fixation of seniority, calculation of leave, increment, pension and gratuity, etc. of the persons employed in the service of the Government of Bangladesh at Mujibnagar and subsequently absor..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......ated in favour of the petitioner not, an obligation has been imposed upon it. The fact that the petitioner was all along associated with the award‑making process does not make it an "aggrieved person" and the present case is definitely not public interest litigation. The petitioner is no..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ion of the Penal Code itself, because kidnapping and abduction for the purpose of illegal intercourse and forcible marriage is a matter referable to a crime against human body and not a crime against personal property or against the State. Therefore, the provision of the Penal Code which provided th..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......ch, it vested in the Government under President’s Order No.16 of 1972 and was allotted to one Mariam Begum on 1.4.72 and that the petitioner’s Bainapatra is a concocted one executed by fictitious person other that the lessee and the transfer through Court is the outcome of the fraudulent decree ..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......ernal grandfather Rafiq Ullah. Thereafter on 17.3.89 when victim girl Sumati along with her maternal grandfather Rafiq Ullah was coming from the house of the mother of Sumati Begum on the way accused persons kidnapped victim girl Sumati Begum by force and accused persons confined her for immoral pur..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......act and mala fide, could be a matter for arbitration reference. The law in this regard is also well settled that when parties to building construction or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution a..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......elease of the detenu and after the release no further right to invoke the Writ Jurisdiction is available to the petitioner under Article 102(2)(1)(ii). 9. The Government is empowered to detain any person under section 3(l)(a) of the Special Powers Act if it is satisfied that with a view to preven..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......bt even by installment as agreed upon. The respondent Nos. 5,11,12 have taken loan of Tk. 3,00,000/‑ from Pro forma‑Respondent Nos. 13 and 14 in the name of the company but utilized the money for personal purpose. The company is unable to pay the aforesaid loan even upon repeated reminders. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......is mother that his sister asked him to tell her that the promised articles must be given otherwise she would be killed. On the 20th March, 1982 P.W.1's daughter was brutally killed by the accused persons. On that date PW 1 was serving at Pangsha, District Faridpur. On the following day his nephe..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... another 17 DLR 1965 (SC) 9, and Chairman Railway Board Vs. Abdul Majid 18 DLR (SC) 532. 10. In the case reported in AIR 1957 (SC) 886 it was held "Reversion from a temporary post held by a person does not per se amount to reduction in rank because the temporary post held by him is not his..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......people including his nephew Sayeed Ali Mondal was returning home from Chatmohar Station hat by boat at about 8-30 PM. When his boat reached a place in between Gokulnagar and Mathura ghat, about 20/25 persons, variously armed with 'Kata' rifles and daggers, confronted the boat from both sides..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......e learned advocate continues to argue that without giving due consideration to the decree of the Civil Court which was not set aside by a superior Court at the instance of the Government or any other person having interest therein, the Court of Settlement committed serious illegality in so holding. ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......that so long no holding transferred is disturbed or split up by pre‑emption, the question of partial pre‑emption does not arise. He has contended that a holding may consist of several plots and a person seeking pre‑emption is not permitted to pick and choose one or some of the plots of a holdi..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ...... a privilege on one of the plaintiffs or defendants to prefer an appeal from a decree which proceeds on any ground common to all the plaintiffs or to all the defendants. It nowhere lays down that any person, who is a necessary party to the appeal, can be excluded and still the appeal will be properl..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......ew of his clear and straight‑forward confession and other evidence on record. P.W.13 ASM Mobaidul Khan, Magistrate, First Class recorded his confession and he did not find any mark of injury on the person of either of the two accused. He stated that both the accused voluntarily confessed. Waziar&r..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ....... He said that the accused took the girl to the brothel for selling her there. 12. In cross‑examination PW3 said that his shop is on the entrance of the lane. He said that they did not go to the person to whom the victim girl was taken for sale and police also did not go to the proposed purchas..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......operties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the names of the predecessors of the defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in the plaint that the sched..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When Appellate Division can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the ev..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......ish any papers in support of their title and possession of the suit property. Neither the previous management of the bank nor the official liquidator sold or transferred the aforesaid property to any person. Since the bank under liquidation is the absolute owner of the property in dispute, the plain..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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