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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.......and he was sentenced to suffer R.I. for 7 years and to pay a fine of Tk. 9 lakhs, in default, to suffer R.I. for 1 year 9 months and 75% of immovable property standing in his name or in the name of members of his family or benami of others were forfeited to the State. The said respondent No.6 suff...... why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira shall not be declared to have been passed with......he order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira shall not be declared to have been passed without la..Category: Election Law | Date: | Hits: 220
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....plicating the accused persons. P.W.5, Chairman of the Union Parishad who was a very powerful man in the locality, stood for the Chairmanship of the Union Parishad again and was contesting for the post against one Abdul Khaleque, Mama of the accused persons. P.W.1 and the other witnesses belong t......ailants. Now let us see whether deceased Abdul Hakim had the capacity to make the alleged Dying Declaration after receiving such bodily injuries which caused his death. In this connection, we may remember that the victim was aged about 80/85 years and Habi doctor, who was called immediately to t......n falsely instituted against the accused persons out of grudge and enmity; and that P.Ws.1 and 5 are the persons who engineered the false story implicating the accused persons. P.W.5, Chairman of the Union Parishad who was a very powerful man in the locality, stood for the Chairmanship of the Unio......ely instituted against the accused persons out of grudge and enmity; and that P.Ws.1 and 5 are the persons who engineered the false story implicating the accused persons. P.W.5, Chairman of the Union Parishad who was a very powerful man in the locality, stood for the Chairmanship of the Union Pari..Category: Criminal Law | Date: | Hits: 92
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
....... Gurmukh Singh, AIR 1928 (PC) 1, the Judicial Committee of the Privy Council explained this legal position in the following words:-
"If by exclusive possession of joint estate is meant that one member of the joint family alone occupies it, that by itself affords no evidence of exclusion of oth......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
..
Category: Administrative Law | Date: | Hits: 488
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......ter alia, that on 20.11.87 at about Esha prayer time while he was gossiping in the shop of his cousin Md. Ansar Ali near the Trishal Bus Stand, some people came to him and told that his brother Intaz member had been killed in the Rod and Cement shop of the businessman Joynal Miah. The informant fu......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....kter-Ul-Alam died and Mr. Ahad, vide another Deed, Cancelled the Deed of Transfer. A Declaration cannot be transferred in any manner. Existing publisher can only sign “Form C” and resign from his post as publisher. Any interested person can, afterwards, file an application to the DM by executing...... order of the Board, invoking every reason conceivable. Their Lordships of this Division however, remanded the matter for a hearing de-novo, as the judgment and order were not signed by all the three members of the Board. 8. The presently constituted Board under a new Chairman, passed its judgmen...... 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: ...... 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: ..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....stables Yousub Ali, Younus, Golam Rasul and Hanif and prepared the inquest report on the dead body of victim Rabeya Begum. He sent the dead body to Barisal Medical College Hospital Morgue for holding post-mortem, and seized the alamats including a dao used in commission of the occurrence from the ho......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....south-east facing room of her mother-in-law. He had prepared an inquest report in presence of the local witnesses and sent the dead body to Gaibandha Sadar Hospital Morgue, where the doctor conducted post mortem. The doctor had preserved her viscera and sent to Mohakhali, Dhaka for chemical examinat......band 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 relations...... present at home on the date of occurrence. He proved the ejahar, sketch map and his signatures thereon as exhibits 1, 1(2), 2 and 2 (1) respectively. 15. P.W.2 Md. Dodijal Huq, a Member of local Union Parishad deposed that he had gone to the house of occurrence and saw the dead body of the vict......nt at home on the date of occurrence. He proved the ejahar, sketch map and his signatures thereon as exhibits 1, 1(2), 2 and 2 (1) respectively. 15. P.W.2 Md. Dodijal Huq, a Member of local Union Parishad deposed that he had gone to the house of occurrence and saw the dead body of the victim at ..Category: Criminal Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
..... In cross examination he stated that he himself did not examine any witness. 11. P.W.13 Badiuzzaman, a Sub-Inspector of Police and the first Investigating Officer stated that on 11.6.2001 he was posted to Daulatpur Police Station. After being assigned for investigation, he visited the place of ......they pleaded not guilty and claimed to be tried. 4. The prosecution in support of its case examined as many as thirteen witnesses, including the informant Md. Majibar Rahman; five Sepoys, who were members of the raiding party; two seizure list witnesses, three other local witnesses, and two Inves......n witnesses except P.W.11 have supported the prosecution case. There are no contradiction in their evidence, which can cast a shadow of doubt on the same. P.W. 11 Yeakub Ali, who is a member of local Union Parisad denied to have seen any arms, though admitted his signature on the seizure list and ex......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....for two months more. The Tribunal also confiscated the seized phensedyl in favour of the State. 2. Facts leading to this appeal, in brief, are that one Md. Saidur Rahman, a Sub-Inspector of Police posted to Katakhali Police Camp under Matihar Police Station, Rajshahi lodged an ejahar on 24.6.2001......d. 4. In support of its case, the prosecution examined seven witnesses. Out of them, P.W.1 Md. Saidur Rahman is the informant; P.Ws.2-3 Aminul Huq and Jane Alam respectively are two constables and members of the police team; P.W.4 Md. Lutfar Rahman, a seizure list witness; P.W.5 Md. Aminul Islam,......ion, while the defense declined to cross-examine him. 9. P.W.4, Md. Lutfar Rahman, a seizure list witness stated that on the date of occurrence he was sitting at the office of Transport Workers’ Union. At about 12 o’clock a police constable called him to police camp, where he saw some bottles......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....he herself saw the victim’s dead body in hanging position. The evidence of other witnesses, who supported the prosecution case were also contradictory. The abrasions and bruises as mentioned in the postmortem report are unlikely in a case of throttling. Continuous ligature mark encircling the neck......examination he stated that so many people including the appellant Maznu were there. He further stated that particularly he had heard the news from one van puller of village Bilpalima, but could not remember his name. He denied the suggestion that he had stated to the Investigating Officer about the ......rence at village Bilpalima. He saw the dead body of his sister inside a room there. He denied the defense suggestion that the victim was not killed by throttling. 11. P.W.3 A. Majid Miah, a local Union Parisad Member stated that the occurrence took place on 8.7.2004 at about 11.00 a.m. at the ho......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: ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....he present application under section 439 of the Code and obtained the Rule with an order of stay. 6. This criminal revision has been appearing in the cause list for several days. Today it has been posted with name of the Advocate for petitioners, but no one appears. In view of its long pendency f......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ector of Police lodged an ejahar with Fatullah Police Station, Narayangonj on 10.2.1988 alleging, inter alia, that he along with forces was on petrol duty to maintain law and order during the ongoing Union Parisad election in different polling centers. At about 9.30 a.m. they were approaching toward......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 124
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......should go into the merit of the case. No case of want of good faith or unfair inquiry was made out in the instant case. The respondent No.2 raised objection against the impartiality of one of the members of the Enquiry Committee which has been rejected by the Labour Court. So, the aforesaid obse......Abdun Noor Vs. Platinum Jute Mills Limited and another, Bangladesh Supreme Court Reports 1978 at page 467; Administrative Officer, Chittaranjan Cotton Mills Ltd. Vs. Chittaranjan Cotton Mills Staff Union 21 DLR 35; Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dhaka and others, 29 DLR (......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... respondent No.2, District General, the Secondary and Higher Education informing that the petitioner became eligible to get the next higher scale of pay Respondent No.2 promoted the petitioner to the post of Assistant Professor and started paying monthly salary in the scale of Taka 7200‑260x14‑1...... 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. ...... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....ction 307 and 310 of the Bangladesh Labour Law, 2006 stating, inter-alia, that the respondent No.2 was appointed as a Mechanical Fitter in the Jai Jai Din Printers Limited on 18-9-2004 and joined the post on 15-1-2006 having ID No.0023 and his monthly salary was Taka 7,000 among which basic pay wa......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......ating to any matter of organisation election, management etc of the Society shall be resolved by the Managing Board and when the Managing Board itself is involved in the disputed by the President and member or members of any Unit shall not take any such matter to the Court of law for decision." O...... 3(28) of the General Clauses Act and submits after amendment by President's Order No.147 of 1972 the words- "LOCAL AUTHORITY— "Local Authority" shall mean and include a Paurashava, Zilla Board, Union Panchayat, Board of Trustees of a port or other authority legally entitled to or entrusted by ......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..Category: Civil Law | Date: | Hits: 169
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....ment. 2. The prosecution case as made out in the FIR is, that the informant came to learn at about 11-00 PM on the night following 17.4.1986 from an unknown passerby that to the north of 19th mile post of the C & B Road situated to the south of his house a young man is lying with bleeding inj......o bring green coconut. Next morning he learnt about the murder. The accused were arrested 3/4 days after with the van. In cross he stated that a police officer recorded his statement but he did not remember whether it was on 20.4.86. He met Khalil at 3 PM before Kalachand Hotel. 27. P.W.21 Anand......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....uest over the dead body of Monowara Beguin and seized blood stained earth, dao, etc. from the alleged place of occurrence under seizure list and sent the dead body of Monowara Begum to the morgue for post mortem examination. He also investigated the case and submitted charge‑sheet against the accu......he place of occurrence after the occurrence. P.W.2 Md. Safu Miah, the informant of the case, stated that Hamid, Afsar, Mizan and Maleque are close neighbours of the place of occurrence and the female members of those houses came to the place of occurrence. P.W.3 Faruque stated that female neighbours......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
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. ...... 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. ......d to shift him to Dhaka Medical College Hospital but on the way he died. It was further alleged in the First Information Report that the accused persons are muscle men and they belonged, to the local Union Parishad Chairman Abdul Hamid’s party with whom the informant has got enmity and at his inst......hift him to Dhaka Medical College Hospital but on the way he died. It was further alleged in the First Information Report that the accused persons are muscle men and they belonged, to the local Union Parishad Chairman Abdul Hamid’s party with whom the informant has got enmity and at his instigatio..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....14-2-92: UNO sends report to Deputy Commissioner. 7. But it appears that on 6-2-92 by Exhibit 9 the Deputy Commissioner sent the report to Election Commissioner recommending fresh election for the posts of members of Union Parishad as well as Chairman. Accordingly, on 25-2-92 on the direction of ......rt from the Presiding Officer and that before receipt of the report the Deputy Commissioner made recommendation illegally to the Election Commission with recommendation for holding re election of the members and Chairman of the Union Parishad in the aforesaid centre and thereafter the repolling took...... Tribunal. The opposite party No.1 named Kabir Ahmed was the petitioner before the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling......nal. The opposite party No.1 named Kabir Ahmed was the petitioner before the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling stati..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... of Shibganj MH Degree College, Bogra. He was suspended by the Governing Body of the College by a resolution dated 1-11-1990. The Upazila Nirbahi Officer reinstated him by a Memo dated 8-11-1990. The members of the Governing Body instituted a suit, being Other Class Suit No.254 of 1990, subsequently......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
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