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Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......out of which the matter arose a candidate for the office of a Union Parishad Chairman challenged the setting up of a polling station at an allegedly wrong place, and the defendant-petitioner unsuccessfully moved the trial Court for rejection of the plaint. The High Court has held that the jurisdicti......ich requires that the election should be gone through according to the time schedule. So every remedy for wrong done during the election process is required to be postponed to the post election stages. 9. That the plaintiff has brought the suit and has been fighting the litigation as a candid..Category: Election Law | Date: | Hits: 207
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
...... the provisions of an earlier enactment, with or without modifications, nonetheless repeals that enactment, either expressly or by implication. That being so, Section 6 of the General Clauses Act has full application to the facts and circumstances of the case. Section 6 (a) provides that the repeal ......ll today not in actual physical possession of the house. It has been asserted that during the war of liberation and afterwards the whereabouts of the owner were not known and the owner ceased to manage, supervise and control the said house in person. Hence the Government rightly took over the sa..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......enal Code, which would arise if the opposite parties fail to prove those allegations there and not before. In that view of the matter, came to a finding that the learned Metropolitan Magistrate was fully justified in not taking cognizance of the complaint case No.454 and the matter being prematu......RS Khatian No. 322 of Mouza Barabo, Shaymali within Mohammadpur P.S. The petitioner's mother had appointed care taker Abdul Kalam to look after that property. He had been residing therein in, a cottage constructed by the mother of the petitioner. Mr. Shah Alam who is the opposite party in this pet..Category: Criminal Law | Date: | Hits: 77
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......n of the order dated 2.1.91 passed by the Chief Commercial Manager, Railway and not to disturb with the functioning of the plaintiff as per licence dated 26.6.88 in doing his catering activities peacefully without any interference. The Court in allowing the temporary injunction made the ad interim i...... M/s Golden Dragon Ltd., Caterer, Bangladesh Railway, as plaintiff, filed Title Suit No.14 of 1991 against the defendants namely the Secretary, Ministry of Communication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top ..Category: Civil Law | Date: | Hits: 72
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......ft drawn on the plaint at sight for 100% invoice value. The shipment by steamer oil tanker was to be accompanied by the supplier's signed invoice certifying the merchandise of South American origin full set of original clean "shipped on Board" open bill of lading drawn or endorsed to the order of ......e High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of du..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ...... also no legal disability towards pre-emption of the case land as alleged by him. 4. Opposite parry No. 1 contested the case by filing a written objection. He contended that the petitioner was his full brother. Within his knowledge he purchased the case land on 17‑3‑1976 (the kabala being reg......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....llant Pulin Mahajan. In this statement he stated that Pulin allured him to give a job and took him to Chittagong and kept him in a room, and 2/3 days thereafter, he made over a dagger saying that one woman should be murdered and if he was successful, he would be given taka 60/70 thousand. The confes......sidered by the learned Additional Sessions Judge are not at all sufficient to prove a charge of murder. It is established principle that the circumstances to be relied upon by the prosecution must be fully established and the chain of evidence furnished by the circumstances should be so far complete......ot information that his mother was murdered by Gopal Karmaker, servant of Pulin Mahajan. After returning home on query from his wife he came to know that Gopal Karmaker abused his mother and at one stage, he inflicted blows on her person with sharp cutting weapon who succumbed to the injuries. 4...Category: Criminal Law | Date: | Hits: 81
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......ccommodation in Dinajpur town and occupied 5 decimals of land from the aforesaid plot by its southern side in Chaitra, 1374 BS and after constructing thatch huts thereon he has been living there peacefully and uninterruptedly for over 20 years within the full view and knowledge of its owners, the de......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ...... was a complete statement showing the amount payable to him as termination benefits and provident fund benefits, totaling Tk. 1,76,349.90 (Annexures B and B-1). Respondent No.1 received the amount in full and final settlement of his account with the petitioner company on 11-1-93 confirmed by duly si......ve been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petitioner are that Shaw Wallace Bangladesh Limited, is a private Limited Company engaged in the business of shipping agents, characters, etc. The respondent No.1 was an employee of the..Category: Labour and Industrial Law | Date: | Hits: 255
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....elevant provisions of law namely sections 4(b) and 4(c) and also section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 which are as follows: “4. Whoever kidnaps or abducts any woman of any age: (a) …………………………………………………… (b) with in......and others……………………Appellant Vs. State………………….Respondent Judgment December 7, 1992. Result: The appeal is allowed in part. Cases Referred to- Prafulla Kumar Bhattacharjya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR 123; Ghulam Quadi......screants who threatened them also. It is further alleged in the FIR that the accused Siraij Mal wanted to marry one Aklima Khatoon @ Baby, another daughter of the informant but that proposal for marriage was turned down. Thereupon accused Siraj Mal threatened the father of the girl saying that he wo..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......uthority on 4.4.72. The petitioner was dismissed by order dated 18.9.76 and against the said order of dismissal he filed Writ Petition No.378 of 1980 and by order of this Court he was reinstated with full benefits as the order of dismissal was found tainted with bias and mala fide and the Rule was m......C) 41; Md. Sekander Hossain Vs. Secretary, Ministry of Cabinet Affairs Establishment Division, Government of Bangladesh and others, 29 DLR 10; Fazlur Rahman Vs. Rajab and others, 30 DLR (SC) 30; Manager Personal Division Vs. Md. Sazahan Miah and others, 35 DLR 224. Lawyer Involved: Abdul Bas..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......position has been filed respondent No.1 (the Government of Bangladesh) denying the material assertions and allegations contained in the writ petition. The respondent contended that the petitioner had full knowledge about the case and avoided trial through abscondence and hence the Special Tribunal c......nnocent. He had no involvement in the case and he knew nothing about it. He joined Bangladesh Army on 17-11-70 and retired on 16-11-91. Since his retirement, the petitioner had been living in his village home at Bhadaikandi. At the time of the alleged occurrence of 8-2-75 the petitioner was posted a..Category: Criminal Law | Date: | Hits: 79
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......olates the concept of the unitary character of the State. He has further contended that a close reading of the various provisions of the said Act would show that the same has been enacted keeping the full control of the Government upon the Regional Council as a statutory public authority created for...... a political front with Mr. M.N. Larma at the helm. Consequently, the Shanti Bahini, an armed wing of the PCJSS was formed on 7 January 1973 and after August 1975 became a clandestine organization engaged in armed insurgency against the Government. Although in limited numbers, the Bengalees had be..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......executive committee of the plaintiffs claim themselves as the lawful committee as duly elected committee and their claim is that their life (the life of the plaintiff executive committee) has been lawfully and duly extended by the General Body of the Samity wherein 107 members including defendants N......uddin & others..........……………………………………Opposite Parties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate–For the petitioner. ..Category: Civil Law | Date: | Hits: 85
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......t was not maintainable in its present form. Defendant Nos.1-3 are the nephews of the Narayan Chandra Das who always used to take care of him and being impressed by their love and affection in his old age Narayan Chandra Das transferred the suit land measuring 1.48 acres to them by the deed in questi..Category: Property Law | Date: | Hits: 62
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......r the prescribed scales. The writ petitioner Nos.1-5 are the office Assistants-cum-Typists and the writ petitioners Nos.6-10 are M.L.S.S and all of them having requisite qualifications and within the age limit of 30 years had duly applied for consideration for regular appointment in response to publ..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......r, 1973 (P.O. No.7 of 1973) against the petitioner for realization of an amount of TK. 8,95,690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the application. The miscellaneous case was allowed ex-parte on......r levied Money Execution Case No.129 of 1996 in the same Artha Rin Adalat for realization of the decreetal amount. During pendency of the execution case the judgment-debtor-petitioner sold the mortgaged property to respondent No.2, namely, Kamrunnahar Nazma by a registered sale deed dated 07.08...Category: Civil Law | Date: | Hits: 108
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......t in respect of conditions of service of military personnel........” In the case of Rear Admiral AA Mustafa Vs. Bangladesh 51 DLR (AD) 147, the order of retirement of the petitioner was unsuccessfully challenged before the High Court Division and the appeal before the Appellate Division was als......nal case. It is further stated in paragraph 27 of the affidavit-in-opposition that the sanction of pension is a long drawn process and requires a lot of papers, that there are as many as 21 varying stages in the pension table for settlement of a pension case but the petitioner had so far crossed 8 s..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......me of trial as that, Rahima Khatun was stabbed by condemned prisoner on her belly on 23‑6‑1997 in the Courtyard of Shajahan who is the father-in-law of Santi Begum (PW 2). PW 2 Santi Begum is the full sister of deceased Rahima Khatun. Maznu alias Monzu (PW 3) rushed to deceased Rahima Khatun on ......the State Appellant. Md. Raisuddin, State Defence Lawyer – For the Condemned Prisoner. Death Reference No. 42 of 2000. Judgment AK Badrul Huq J. - Rahima Khatun, an unmarried minor girl aged about 15 years, was stabbed to death on 23‑6‑1997 at Village ‑ Kabaria Bari Guchhagram ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......e in exercise of the revisional jurisdiction of this Court. 9. In substantiating his submission the learned Advocate refers to a case of Aziz Ahmed Khan Vs. IA Patel reported in AIR 1974 (AP) 1, a full bench decision with reference to sub-rule 4(2) of Order XX of the Code of Civil Procedure. 1......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
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