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Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....nd the polling agents of the different candiÂdates from two Polling Centers namely, Sasit Ashwathakathi Centre and Dargakaihi High School Centre and managed to secure hunÂdreds of votes by false personation. The petition was opposed by the petitioner by filling a written objection denying the alle......e Local Government (Union Parishads) Ordinance, 1983 and the Rules framed thereunder. SecÂtion 26 of the Ordinance provides that an election of Chairman or an elected member of Union Parishad can be called in question only by filing an election petition under subÂsection (2). Section 29 provides f......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged withÂout any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....trate, Mirzapur. 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleÂging therein that on 07.10.1982 the accused perÂsons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of......ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ...... unlawful assembly catered into the land mentioned in the schedule to the petition of complaint and cut and took away 135 bamboos and removed jute plants grown by the complainant and thereby caused a loss of Taka 5500/- to the complainant. The learned Sub-Divisional Magistrate instead of examining t..Category: Criminal Law | Date: | Hits: 168
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....hereinafter called the promises). The respondent Nos.6‑14 are the present owners of the premises. The promises were constructed with pucca floor, walls with tin roof and were lot out to the predecessor‑in‑interest of the petitioner by the predecessor‑in‑interest of the respondent Nos .6‑...... 2. The case of the petitioner is that the petitioner, Proprietor of New Lucky Hardware Store has been carrying on business at Municipal Holding No.2, English Road, Roy Shah Bazar Dhaka (hereinafter called the promises). The respondent Nos.6‑14 are the present owners of the premises. The promises......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..Category: Property Law | Date: | Hits: 92
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
.... plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and 4 to the land mentioned in the schedule to the plaint. The suit was also for their 12 annas maliki right in plot No.2 and 4. The removal of obstruction placed on plot Nos......een filed for a right of prescription only. Customary right under section 18 of the Act has been defined as follows: "An easement may be acquired by virtue of a local custom. Such easements are called customary easements." 14. Customary easement is different from prescriptory easement in......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..Category: Civil Law | Date: | Hits: 147
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....aman J Duree Shahwar Begum………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; ......ue to the mother of the plaintiff from the defendant and now on a false plea, the aforesaid document is being used as a promissory note against the defendant petitioner and that the stamp of the so‑called promissory note has been purchased in the name of Meherunnessa Begum mother of the plaintiff ......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... Ara Akhter, 49 DLR (AD) 80 wherein it has been settled that the Bangladesh House Building Finance Corporation is not at all a financial institution within meaning of Artha Rin Adalat Ain, 1990 and also 2003 but Bangladesh House Building Finance Corporation has been incorporated under section 2 Ka(4......poration is to carry its affairs through a Board consisting of a Managing Director and not more than five other directors. Besides, the Corporation may appoint a standing comÂmittee of experts to be called the Technical Advisory Committee. Article 20 of PO 7 of 1973 empowers the Corporation to gran......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..Category: Civil Law | Date: | Hits: 198
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....dge, Jhenidah in Sessions Case No.17 of 1975 convicting all of them under section 395 read with section 397 of the Bangladesh Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for a period of 10 (ten) years and to pay a fine of Tk.4000/- each, in default to suffer R.I......i Police Station along with Fazlul Hoque (P.W.3). Bazlur Rahman (P.W.5) and others and found there two dacoits arrested along with rifle and other articles. In his cross-examination he stated that he called Rafiuddin Chacha and Fazlul Hoque was his distant maternal uncle. He further stated that he h......ppeal is dismissed and the order of conviction and sentence pasÂsed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...Category: Criminal Law | Date: | Hits: 142
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....of taking loan, the defendant appellant i.e. proprietor M/s James Repairing of Natore Road, Rajshahi mortgaged his house worth Tk. 6,00,000.00(six lacs) as a collateral security besides hypothecating some mill machineries including lathe machines, etc. of his workshop to the plaintiff‑Bank. But du...... Misc. Appeal in this Court. It was admitted for hearing under Order 41 rule 11 of the Code of Civil Procedure on 20.2.91 by a Division Bench of this Court but the records of the Court below were not called for and the preparation of the paper book in the appeal was dispensed with. We heard this Mis......properties with ulterior motive to delay, defeat and frustrate the execution of the decree that may be passed in the suit against the defendant‑appellant and thereby was trying to cause irreparable loss and harm to the plaintiff‑respondent. Hence the application by the plaintiff under Order 38 r..Category: Civil Law | Date: | Hits: 169
....idential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production of personal file, service book, connected peon book and annual confidential report of the plaintiff from t......,12 and 18 or to produce documents under rule 14. It does not apply to cases of non‑compliance with order for production of documents under rule 14, Under rule 14 the production of documents can be called for by the court for perusal. For the period concerned such inspection may be applied under r...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
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Category: Procedural Law | Date: | Hits: 132
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......t Nowsher was caught by P.W. Akram, Tayeb Ali, Motleb, and there appellant Nawsher made extra judicial confession in his presence as well as in presence of those persons stating that he (Nowsher) was called from Fakirhat Bazar by appellant Nurul, Jalil and Salam and told him that he (Nowsher) would ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....Abdul Hafiz J Shariful Bhuiyan and another……………………Petitioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: Obaidul......n and the same is bona fide, very vital and most essential to the just decision of the case. He further submits that the accused petitioners shall prejudiced if the prosecuÂtion witnesses are not re-called and further examÂined on the specific points as proposed in the appliÂcation under section ......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....o allow the appeal or to dismiss the appeal. It is not conceivable that when the Court has power to examine the merits of the appeal, it does not have the power to allow the appeal even if the merits so demand. The only power that is given under sub-rule (1) is a power of dismissal. It necessarily f......he appeal was fixed for hearing on 21.08.1981. On that day Mr. Md. Khairul Islam, the learned Advocate for the defendant No.1 appellant before the Appellate Court could not appear when the appeal was called for hearing. He was engaged in anoÂther Court and he sent his junior to obtain a pass over t......out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
.... - This Rule arises out an application under section 561A of the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.......as disclosed in the F.I.R. and the Charge sheet that the accused petitioner has allegedly committed some offence and if proved would call for punishment under the law and therefore no interference is called for with the proceeding by this Court at this stage. 15. Next, we come to the question of ......or given in evidence in a proceeding for the purpose of that proceedÂing by any of the parties concerned for using it as genuine and for establishing rights title, causing wrongful gain and wrongful loss or an attempt to do so or to cheat. 17. The pertinent question would be whether the embargo ..Category: Criminal Law | Date: | Hits: 117
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....pleas and lastly, on 5‑2Â-89 the defendant No.1 informed the plaintiff that they will not execute the sale deed. 3. The aforesaid suit was filed on 9‑2‑89 and on 15‑2‑89 the plaintiff also filed an application praying for an order of temporary injunction restraining the defendant No.1 ......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......yer for specific performance of contract is also liable to be rejected on the ground of hardship because if decree for specific performance of contract is passed the defendant will suffer irreparable loss and injury. 6. Heard the learned Advocates. 7. As it appears P.W.2, the scribe, duly prov..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
.............................................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Hashem Vs. Chairman National Board of Revenue, Dhaka and anot...... it cannot be resorted by way of punishment. When the Court finds the move mala fide and arbitrary, it is not only competent to look into the legality and propriety of the impugned action but is also called upon to act decisively to administer even‑handed justice. The failure of the defendant oppo......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..Category: Employment/Service Law | Date: | Hits: 194
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....utÂstanding liabilities within the stipulated time. The plaintiff bank on various occasions sent several reminders requesting defendant No.1 to adjust the outstanding liabilities but he failed to do so. Thereafter, the plaintiff bank served legal notice upon defendant No.1 company requesting the co......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......rejected the application for stay of all further proceeding of Miscellaneous Case No.9 of 2005. He further submits that if the further proceeding is not stayed the petitioner shall suffer irreparable loss and injury. 11. Mr. Md. Imam Hasan, learned Advocate appearing on behalf of the opposite par..Category: Procedural Law | Date: | Hits: 121
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....rdinance. (2) An application for recognition shall be addressed to the Registrar and shall contain full information in respect of the following matters, namely (a) the constitution and personnel of the managing body of the institution; (b) the subjects and courses in which it impar......1) Tangail Homoeopathic Medical College (12) Swarupkati Homoeopathic Medical College (13) Sirajgonj Homoeopathic Medical College (14) The Hahnemann Homeopathic Medical College also formed a committee called the proposed Homoeopathic Medical College Recognition Implementation Committee to press their......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....t dated 13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all the appellants under sections 302/34 of Bangladesh Penal Code and sentencing each of them to imprisonment for life. 2. Prosecution case, inter alia, is that on 29.10.86 Wednesday at about 12â€...... the victim causing swelling injuries. On hearing cries of the victim (26 & 27) witnesses came to the place of occurrence and saw and heard the occurrence. P.W. Abdul Kashem went to Langalkot and called in Dr. Noor Mohammad (P.W.17) to the house of the victim and after first aid he advised to se......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....4 it was found in the shed concerned that all the 62 drums were in damaged condition as most of the steel drums conÂtaining liquid chemical had been leaking the contents at the place of stacking and some cardÂboard drums containing powder chemical were found torn. Defendant No.4 M/s. Birds (Pakist......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......xt.5(t) dated 09.05.1969 replied that the Port Trust is not liable for the parÂtial damage of 23 drums of oil landed from S.S. Ocean Princess at shed No.7. The plaintiff claims to have sustained the loss owing to the act of negligence and misconduct of the staff and crew of the ship owner and also ..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....in Asgar and another ……………Petitioners Vs. Lailun Nahar Ershad and others……………Opposite Parties Judgment July 9, 1991. Result: The Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla a...... of the plaintiffs held that the application was not maintainable there being other remedies available to the defendants for redress of their grievance. 7. Feeling aggrieved the defendants have called in question the propriety of the order in this rule. 8. The fact that there was other r...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
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