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Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....a Paurashava, represented by its Chairman, and Md. Abdul Baten, the sitting Chairman of the said Paurashava were the petitioners and in Writ Petition No.3007 of 2003, three named petitioners who were voters resident of village-Amaikola under Bera Paurashava, challenged the aforementioned circular da......e UNO, Santhia issued a general notice among the residents of Karamza and Sharisha Mouza inviting objection and suggestions, if any, regarding inclusion of those areas within Bera Paurashava. A large number of people of the area filed a representation with a prayer for inclusion of the area within B..Category: Election Law | Date: | Hits: 152
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......'Dismissal' takes place where no cognizance is taken and no process is issued. But for the purpose of entertaining a fresh complaint 'dismissal' and 'discharge' are often placed on same footing. In a number of cases both before and after Partition of India, dismissal of a complaint under section 203..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......f section 2(13) of the State Acquisition and Tenancy Act, defining the word "holding", read with section 96(1) of the said Act, the right of pre‑emption has not been conferred with reference to the number of properties transferred by a particular deed. A distinct right has been conferred in respec..Category: Property Law | Date: | Hits: 78
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......cal inventory of the committee. It shows that there is erasement of two lines and by red ink some additions were made. In the addition portion, the signature of the Chairman was there. But no holding number of the aforesaid five properties have been mentioned. Only one plot number is tallying with t..
Category: Property Law | Date: | Hits: 73
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
.... of his name at serial no. 148 of the male Electoral Roll of village Darikandi, Union Parishad Narayanpur, Upazila Belabo, District Narsingdi and to correct the mistake, if any according to the draft voter's list for the said area. 2. Section 15 of the Electoral Rolls Ordinance, 1982 (Ordinance N......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......haban used in 0.22 bore and other ammunition to be used in 7.65 m.m. On this charge sheet submitted by the police the learned Senior Special Tribunal No. 1 Dhaka took cognizance of the case having it numbered as Special Tribunal Case No. 60 of 199 1 and the said Tribunal started to try the case by f..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......l, each or such persons is liable for that act in the same manner as if it were done by him alone." 8. The essence of section 34 appears to be that there must be an existence of participation of a number of offenders being animated to do a crime in furtherance of their common intention and that s..Category: Criminal Law | Date: | Hits: 87
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ...... plaintiff by affixing a copy at his outer‑door because of his refusal to accept the same. Consequent upon the 8th Amendment of the Constitution the matter was transferred to Barisal Bench and re‑numbered as Civil Revision No.141 of 1988. Then came the historic judgment dated 2.9.89 in the case ..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......a fide to which question we shall advert at the relevant portion of the judgment. 19. In the view we have taken as to this threshold difficulty in matters relating to tender, we are supported by a number of decisions of this court. 20. In the case of M/s Hossain Ahmed Vs. M/s H D Hossain and o..Category: Others | Date: | Hits: 123
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......ge regarding the allegations contained therein, the position is not so simple and requires consideration. The point involved is an intriguing one and has been considered by different authorities in a number of cases. The pith and substance of such consideration is that a lawyer while acting under th..Category: Family Law | Date: | Hits: 191
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......Mohammadullah submits that earlier 2 other applications were filed by the plaintiff for amendment of the plaint. In the original plaint quantum of land was 0.0932 acres and by first petition the plot number was changed as plot No.935 instead of 936 and by a second petition the quantum of land was ch..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....e scheduled date in violation of Rule 26 of the Union Parishad (Election) Rules, 1983 a new centre was opened at Khanebari Primary School by splitting up Chinamura High School centre taking away 1631 voters to the new centre out of 2746 voters of the said centre. He also alleged that on the date of ......man of No.15 Maruka Union Parishad within Upazila Daudkandi, District Comilla having secured 8214 votes. There were three other contestants including Opposite Party No.1 who polled the second highest number of votes i.e. 5896 votes. After the publication of the result in the Bangladesh Gazette on 20..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......m before. He did not seize the wrist watch and chain. In cross‑examination P.W.2 Saiful Islam stated that he had no papers to show that he was an employee of a watch company and he did not know the number of their Stadium office and he had no paper to show that he was going from branch office to t..Category: Criminal Law | Date: | Hits: 75
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......it has been made in favour of the Returning Officer and it has been made as security for the cost of the petition. These are the requirements of rule 44(3) which have to be fulfilled. 8. In a good number of decisions it has, however, been laid down that a substantial compliance with such rule is ..Category: Election Law | Date: | Hits: 130
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ...... the Court should be very reluctant to interfere with his right unless the petitioner makes out a case for transfer and the application has been made bonafide. It has been judicially established in a number of cases that transfer of a case from one Court to another should not be lightly dealt with b..Category: Civil Law | Date: | Hits: 113
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......f PW, PW 3 and also DW 3 and came to the finding that accused persons removed the hut dishonestly. Section 134 of the Evidence Act also does not enjoin that prosecution is to examine certain definite number of witnesses. In this case it appears that the Courts below discussed the evidence of witness..Category: Criminal Law | Date: | Hits: 73
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......ment of rent for a month or two, even if it is so found, but in spite of the said mode of payment of rent the Courts below erroneously found that the defendants are defaulter. The record shows that a number of rent receipts and money order receipts showing the remittance have been filed. From perusa..Category: Property Law | Date: | Hits: 66
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ity of a like nature in or of anybody corporate and any Government security." 18. The definition of abandoned property appearing in Article 2 of President's Order No.16 of 1972 was dealt with in a number of cases by the Appellate Division of this Court and also High Court Division of this Court. ..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
...... Court of India and Courts of English jurisdiction. To elaborate his points as to fair and just terms even in case of tender or matters arising in contract executed by the State, he has referred to a number of decisions of the Indian Supreme Court to which we shall advert at the relevant portion of ..
Category: Others | Date: | Hits: 128
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......eds also spell out for the guidance of the litigants and to borrow the expression of Sir John Bonaldson, Mr. “…………Where there is a choice between arbitration and litigation, there will be a number of factors to be taken into account. The claim usually made in that arbitration is quicker, c..Category: Alternative Dispute Resolution | Date: | Hits: 174
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