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Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......mitted that although in the case of Shahidullah Kazi Vs. Additional Deputy Commissioner (Development) and Election Tribunal, Faridpur reported in 20 DLR 633 as referred to by the appellate Tribunal a full bench of this Court decided that the election tribunal is competent to enquire as to the age of......y No. 1 i.e. the present petitioner, who was declared elected in the election held on 22‑1297 published in the Gazette on 23‑1‑98 was disqualified to be a candidate as he did not attain the age of 25 years at the time of filing of the nomination paper. 3. The present petitioner as oppos..Category: Election Law | Date: | Hits: 156
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......e case elaborately in the impugned judgment and decree. In the facts and circumstances of the case, we do not find anything wrong in this order as passed by the Courts below for the purpose of giving full relief as the Court thought just and proper under law and enquiry as per evidence of the case. ......egative of the film to the plaintiff. The learned Court granted a decree for recovery of possession of the dupe negative print instead of mandatory injunction. Their Lordships observed at para 66 at page 340 that Order 7 Rule 7 CPC permits the grant of such general or other relief as may be thought ..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......desh does not hold an office of profit in the service of the Republic as contemplated under the Constitution, there is no bar for the Respondent No.1 to be elected as President of Bangladesh. We find full substance in the above contentions of the learned Advocates. Mr. Asrarul Hossain has referred t...... the case, took much trouble to submit his written submissions. He has also subscribed to the views of the learned Attorney‑General that writ of quo‑Warranto against the Respondent No.1 at this stage is not maintainable. The learned Attorney‑General has referred to the case of Farid Mia Vs. Md..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......n started for Nabagram. On the way, a nim tree was found fallen over the bridge of Agalpasha creating obstruction. The deceased got down from the 'tempu' and tried to remove the tree for making passage of his tempu over the Bridge. Accused Ripon obstructed him. At this there was altercation betwee..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....st served if the sentence of life imprisonment awarded to the petitioners may be commuted to 14(fourteen) years rigorous imprisonment. 6. It appears from the record that P.W.6, Sokhina is an old woman of 85 years, who saw victim Sagorika in her house but she could not say the name of accused pe......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......el makes an alternative submission that in case this Court finds that there is no merit to grant leave against the judgment and order of the High Court Division, thereon consideration of the tender age of the petitioners and that they are first offenders and the recovery of the victim immediat..Category: Criminal Law | Date: | Hits: 70
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......land remained in the possession of Chulai's other three sons Md. Jabbar, Md. Sattar Mia and Md. Abbas and wife Sakhina Khatun. Subsequently Md. Abbas died unmarried and consequently his other two full brothers Md. Jabbar and Satter Mia and mother Sakhina Khatun inherited his share. That while Md......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......ion he has also referred to a decision reported in 36 DLR page 136. He has further submitted that in the instant case the impugned judgment and decree of the trial Court, having not been passed after full hearing of the suit but in the absence of the learned Advocate for the defendant it was conside...... days. In August 1982 the defendants approached the Bank to allow cash credit facilities. This plaintiff, as per banking practice, allowed the cash credit facilities of Taka 175 lacs by creating mortgage of the properties mentioned in the schedule to the plaint and also signing personal guarantee of..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......advance charter fee to the petitioner company and it was stipulated that Tk. 52,000/‑ was to be paid each month as charter fee. A further stipulation was that the opposite party No.1 was to pay the full amount of monthly charter fu for the first 7 months of the charter year commencing from the dat......f the vessel shall be destroyed. The paramount consideration for the court in giving the property in custody of a person under section 516A CrPC is that the property should not be subjected to any damage and no part of it so as to make the same unusable. In this case the learned Magistrate having co..Category: Civil Law | Date: | Hits: 97
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......learned DAG, on the other hand, submits that the points canvassed by the learned Advocate for the appellants are not tenable either in law or on facts. His submission is that the prosecution has been fully able to establish its case by cogent, reliable and sufficient evidence beyond all reasonable d......ther Akram Ali already dead. The condition of Abdur Rahman was gradually deteriorating though he somehow regained his senses at the Chatak Hospital. He was, however, shifted to the Sylhet Medical Collage Hospital for better treatment. The informant P.W.2 Makram Ali heard about the occurrence and the..Category: Criminal Law | Date: | Hits: 73
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......Mia and the helper accused Siraj Mia tried to escape when they were caught, but the owner of the goods accused Shamsul Huq alias Disco and another accused Tafazzal succeeded to run away The truck was full of old garments worth Tk. 100000.00 which were seized in presence of local witnesses and a seiz......int and we are of the view that the submissions relate to the merit of the case which can be decided only on evidence at the trial and we should not express any definite opinion on the same at this stage lest it prejudices the parties. So far the bar of section 32 of the Special Powers Act, we have ..Category: Criminal Law | Date: | Hits: 68
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......quired into in any Court. So, in exercising powers under Article 93 the President is to act under the advice of the Prime Minister which cannot be inquired into by any Court. The Ordinance has the full force and effect of an Act of the Parliament but the life of the Ordinance is limited and it s...... and others……………………..Respondents Judgment December 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, AIR SC 1973, 1461 p‑1509. Lawyers Involved: Amirul ..Category: Constitutional Law | Date: | Hits: 461
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......t was decreed on contest and the Advocate Commissioner partitioned the property and prepared the saham after serving notices upon the defendants duly and the preliminary decree was made final lawfully as no objection was filed against the Advocate Commissioner's report and that the final decree......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ...... been attached which calls for giving reasonable opportunity to the petitioner to defend himself In case of dismissal of an incumbent from service, the authority concerned is called upon to draw up a full dress disciplinary proceedings in accordance with the service rules. 13. Section 18 of the E......a should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was serving under the respondent No.2 i.e. the Manager, Prince Iron and Steel Industries; Dhaka from 9.7.1974 till his service was terminated on 8.8.1..Category: Labour and Industrial Law | Date: | Hits: 148
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
.... occurrence but stated that at about 8-30 PM while he was watching TV programme at that time he heard hue and cry in the road and went to the place of occurrence where he heard that someone stabbed a woman. In his examination-in-cross he said that he did not see the accused nor the victim at the pla......horshed on the night of occurrence as a result of which accused Khorshed gave a dagger blow on the abdomen of victim Sufia and she ultimately died in the hospital at about 3-00 AM. The informant is a full brother of the accused Khorshed. The occurrence took place at about 8-30 PM on 8-5-87 and the e......ount of Taka 1,200.00 was stolen by the accused Khorshed from the house of the informant. When Khorshed came, there was altercation about the matter between Khorshed and his sister Sufia and at one stage accused Khorshed threatened his sister. Thereafter his sister and brother-in-law started for the..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......sequently were renumbered as Ward Nos.17, 18, 19 and 20 of the Dhaka City Corporation. The petitioner, a permanent Nikah Registrar for the renumbered wards, has been discharging his functions as marriage registrar. He states that neither he attained the age of retirement nor his licence has been can..
Category: Civil Law | Date: | Hits: 83
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300....... Chowdhury to place before me the evidence of the witnesses examined by the contending parties for better appreciation of the submissions made by the learned Advocates of the parties.
10. P.W.1 Prafullah Chandra Bhattacharjee stated in his evidence that he is the Shebait of the plaintiff Deity Sr......dulent entry in the SA Khatian. It has also been alleged that recently defendants 1 and 2 made illegal exercises for treating the suit property as an enemy property, now vested property, taking advantage of the wrong SA Khatian and this necessitated the filing of the suit. It has also been alleged t..
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......d the informant was told that repayment would be made through bank cheque and the cheque given by accused was dishonoured. Ultimately, a salish was held and it was decided that petitioner was to make full payment by March, 1997. The petitioner further states that investigation of the case has not be...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...Category: Criminal Law | Date: | Hits: 83
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......as Dadu, accused Ismail stabbed Moslem Uddin on his back and caused bleeding injury. The victim was taken to Gafargaon Hospital where he succumbed to his injuries at about 11-00 AM. Accused Ismail is full brother of the victim. As a result of family dispute over property, the victim was murdered by ......ly the same Jail Appeal has been converted into a regular appeal. The prosecution case is that, at about 9-30 AM on 12-10-88, Moslem Uddin, husband of the informant started for Gafargaon from his village Doulatpur and when he reached near the house of Mofazzal Hossain alias Dadu, accused Ismail stab..Category: Criminal Law | Date: | Hits: 74
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479......., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......nterim Mutwalli under section 40 of the Bengal Waqfs Act, 1934 until further orders or till the order is set aside by a Court of competent jurisdiction. The said Mutwalli at the advanced state of his age on 4-12-79 filed an application for appointing his eldest son the petitioner as the Mutwalli, Th..Category: Trust/Waqf Law | Date: | Hits: 142
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572................Petitioners Vs. Md. Shafiqur Rahman……..........................................Respondent Order June 23, 2011. Result: Leave is granted. Case Referred to- Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the Government of Bangladesh vide Writ Petitio......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
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