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Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ent: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Re...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......o- 40 DLR (AD) 270; Chief Commissioner of Ajmeer Vs. Radheshyani Dhani, AIR 1957 (SC) 304; Munshi Abdul Hoque Vs. Additional Deputy Commissioner, 17 DLR 744; Farid Miah vs. Amjad Ali and others, 42 DLR (AD) 13; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157. La..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......t Division (Civil Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment M......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ...... Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

.... Court High Court Division (Dhaka Bench) (Criminal Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Ananda and others..............................Appellant Vs. The State............................Respondent Judgment May 24, 1989. Result: The appeal is......33.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......k her and left her on the road and she did not know whether that person was Prem Charan or not. She further stated that having been left on the road she started running and went to the house of Prof. Ali Ahmed when she narrated to him everything and requested him to inform her uncle, Advocate Raha..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)

....risdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rahman...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent Judgment April 26, 1989. R......l Appellate Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rahman...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent Judgment April 26......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......77. ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......igh Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others........Petitioners Vs. Sohrab Ali ...............................................................Opposite Party ......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......editiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467....... Court Division (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Dalil Uddin Ahmed J Niropoma Ritchel..............................................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgm......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467....... nothing on record to show that the trial Court gave notice to the parties and amended the issues but formulated this issue suo motu and decreed the suit on this issue alone. In the case of Miser Ali Vs. Abdul Rashid and others reported in 5 DLR 490 Ibrahim, J. observed as follows :- "I must ..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....rred to- Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs. Mt. Sohagan, A.I.R. 1934 Lahore 647; Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR; Md. Sayeedul Arefin Vs. Y.O. Gorfin A.I.R. 1916 (Privy Council) 242; Moru Devi Vs. Th...... (Dhaka) (Criminal Revisional Jurisdiction) Present: Fazal Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Sukhendra Chandra Das..........................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Par......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......nd the house of accused Shahidul Islam. Accused Shahidul Islam used to work as a worker in the handloom of my father's younger brother near my father's house. Accused Shahidul Islam's father Sekander Ali used to cultivate my father's land as borgader. Previous to the occurrence I had love affair w..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

.... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AM Mahmudur Rahman J Jalaluddin Ahmed Chowdhury……………... Appellant Vs. The State.............................. Respondents Judgment March 23, 1988. Cases Referr......(1989) 87. ......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ...... The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. One Md. Sekandar Ali, Assistant Inspector, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Information Report..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)

....llip;(19 & 20) Cases Referred to- Govt. of West Pakistan Vs. Begum Abdul Karim 21 DLR (SC) 1(11); Mir Abdul Baqui Bliuch Vs. Government of Pakistan 20 DLR SC 249 (257); Godavari S. Vs. State of Maharashtra AIR 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975......Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......statue of law which preserves a fundamental human right is to be given rather than one which destroys it. We are in agreement with the view of the Supreme Court of Pakistan in Rowshari Bijaya Shaukat Ali Khan’s case on this question. We therefore, find that an illegal order of detention cannot..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....…….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers Involved: Abul Kashem, Advocate - For the Appellant. Not Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. ......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers I......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......ourt Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers Involved: Ab..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sachindra Lal Das and others...................................Appellants Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………&......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......bered, filed the mortgage suit without impleading the second mortgagee in possession and ultimately purchased the land. The pertinent question is what he actually acquired thereby? According to Nasim Ali J, of the Calcutta High Court, he acquired nothing, as the ownership of he equity of redemption ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....he enemies were made to continue by the Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969 (Ordinance No.1 of 1969). 10. Bangladesh emerged as a Sovereign Independent State on the 26th March, 1971 and under the Laws Continuance Enforcement Order all laws which were i......nal Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Subitri Bari………………………………Petitioner Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali......evidence that may be adduced before him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......desh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173). Lawyers Involved: Hemayetuddin Ahmed, ..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....on (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Daliluddin Ahmed J Bimalendu Bikash Roy Chowdhury J Mansur Ali.............................Accused-Appellant Vs. State……………………………………………..Respondent Judgment May 13, 1986. ......t Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Daliluddin Ahmed J Bimalendu Bikash Roy Chowdhury J Mansur Ali.............................Accused-Appellant Vs. State……………………………………………..Respondent Judgment May 13, ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......39 DLR (HCD) (1987) 184. ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....i, A.I.R. 1973 (SC) 205; Chittagong Pourasava Vs. Md. Ajmal Khan, 4 BSCR page 5; E.P. Sugar Mills, AIR 1979 (SC) at page 621; Indo-Afgan Agencies Case, AIR 1969 (SC) 718; Radhakrishna Agarmal Vs. The State of Bihar, AIR. 1977 (SC) at page 1496; AIR1973 (SC), at page 205; AIR 1975 (Madras) at page 81......ion (Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Refo......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ...... Bench (Civil Rivisional Jurisdiction) Present: AM Mahmudur Rahman J Reajuddin and another…………..............Plaintiff-Respondents-Petitioners Vs. Azimuddin @ Abdul Aziz and others…………………&h......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......raborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdus Satter Howlader and S.M.A. Malek—For the Petitioner. Moslem Ali Howlader—For Opposite Party No.1. Civil Revision Case No.83 of 1983. Judgment ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....nal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March 19, 1986. ...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ...... AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul Kabir Chowdhury— For the State. ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

..............Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal ......sent: Latifur Rahman J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali………………………&h......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......an J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali………………………………&..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ccused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. State, (1961) 13 DLR 414; Falak Sher v. State, (1967) 19 DLR 426 (SC). Lawyers Involved: T......he Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. State, (1961) 13 DLR 414; Falak Sher v. State, (1967) 19 DLR 426 (SC). Lawyers Involved: ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......of the Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. State, (1961) 13 DLR 414; Falak Sher v. State, (1967) 19 DLR 426 (SC). Lawyers Involved..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....(Dhaka Bench) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Amin-Ur-Rahman Khan J Shaikh Obaidul Haq..............................Petitioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986......ivision (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Amin-Ur-Rahman Khan J Shaikh Obaidul Haq..............................Petitioner Vs. The State & another............................Opposite Parties Judgment Febr......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. T..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......me Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

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