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Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......r Rule 70 of the Rules which is as follows: "70. Powers of Election Commission to issue orders.- Save as otherwise provided, the Election Commission may issue such instructions and exercise such powers, including the power to review an order passed by any officer under these rules and make su.............Petitioner Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ...... the case. 3. It appears that after the expiry of ninety days from the lodging of First Information Report relating to the commission of the offence the learned Sessions Judge in exercise of his power under section 167(6) directed further investigation into the offence upto 9th Feb. 88. It ......Mahmudul Amin Chowdhury J Anwar Hossain Maji (Md.) & others.............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26, 1988. Result: The application is summarily rejected. Lawyers Involved: ABM N......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......he accused persons out of grudge and enmity; and that P.Ws.1 and 5 are the persons who engineered the false story implicating the accused persons. P.W.5, Chairman of the Union Parishad who was a very powerful man in the locality, stood for the Chairmanship of the Union Parishad again and was con......dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that on the night ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......ht of the relevant provision of law relating to bail-matter in the facts and circumstances of the case and the materials on record. There is no denying of the fact that this Court enjoys unfettered power under section 498 of the Code of Criminal Procedure to-grant or refuse bail to and accused per......us Case No.16 of 1988. Judgment Muhammad Ansar Ali J. - This Rule was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the accused-petitioners should not be enlarged on bail in GR Case No.47 of 1987 ......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477....... Thereafter it appears that on 5.6.88 Mr. Delwar Hossain, Additional District Magistrate, Mymensingh passed the following order reviving the investigation of the said Criminal case exercising his power under section 167(7 A) Cr.P.C. (read with section 10(2) Cr.P.C.):- “জনাব ম...... Barua, Advocate - For the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, Sessions Judge, Mymensingh passed on 22.9.88 in Cr......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474......., a Division Bench of the Nagpur High Court, in a somewhat similar matter, at the relevant portion of the judgment, held thus: "The mere fact that the Civil Station Subcommittee acted beyond its power in granting the sanction to the building would not by itself be sufficient to entitle the plai......…………Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986. Result: The Rule is discharged. Cases Referred to- Attorney-General Vs. Ashbowene RC, (1903) I Chancery 101; Devonport Corporation Vs. Tozer, (......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......an only sign “Form C” and resign from his post as publisher. Any interested person can, afterwards, file an application to the DM by executing “Form B”, and it is the DM who has the exclusive power and authority to authenticate the Declaration in the applicant’s name. As such, unless “Fo......ress Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule is discharged. Cases Referred to- R Vs. Legal Aid Committee No.1 ex-parte Rondel, 1967 2 QB 482; Lloyd Vs. Blassey, 1969 2 WLR ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......petitioner have been proved beyond reasonable doubt. There is no illegality or infirmity in the impugned judgment and order, which calls for any interference by this Court in exercise of its inherent power under section 561A of the Code. He further submits that whatever small discrepancies and omiss......…………………………Opposite Party Judgment May 3, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General - For the Opposite Party. C......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......fore inflicting the extreme punishment. 6. Mr. Md. Khalilur Rahman, the learned Advocate appearing for the employer-petitioner, submitted that the learned Labour Court acted in excess of its power in reassessing the evidence and in taking evidence to disprove the findings of the domestic tr......: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das ......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....owers under any provision of Act XXXII of 1975 and these are executive orders making ex-gratia payments not in exercise of statutory power but in exercise of inherent discretionary power to grant financial relief. Here in the present case before us the aforesaid Memorandums Annexure D and Exhibi......on 1980 Memorandums introducing Annual Bonus, the 1982 Memorandum re-introducing Dearness Allowance and the 1984 Memorandum introducing Festival Allowance were not examples of statutory exercise of power. These office orders were not orders passed in exercise of its powers under any provision of......d. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Company Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made absolute. Cases Referred to- Manager, Azizuddin...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......nd the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board for 3 years i.e. upto 31-12-2001 and that the President of the Society in exercise of the power under Article 9C(1) of Bangladesh Red Crescent Society Order, 1973 hereinafter referred as the......……………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Result: The Rule is made absolute in part. Case Referred to- Bangladesh Co-operatives Insurance Ltd. Vs. Md. AbdulKhaleque Khan, 4 BLC (AD) 136. Lawyer......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..Category: Civil Law | Date: | Hits: 169
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the DCT and simply supported the story of the assessee regarding loan given by them and they have not filed any documentary evidence to prove the genuineness of the transaction and to establish their financial capacity and as such the DCT has rejected the version of the assessee by giving cogent rea......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......rul Islam J AKM Shafiuddin J Rahmatullah (Md.)... ......................................Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omp......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......vocate for the opposite party, has cited the decisions in the case of Nurul Islam Vs. Md. Abdur Rashid reported in 37 DLR (AD) 32 wherein their Lordships of the Appellate Division have held- "'The power conferred by Order 18 rule 17 CPC is an enabling power and very wide power had been conferred ......Registrar (Deputy Secretary).............Petitioner Vs. Sahrab Jan & others............Opposite Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Pro......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ...... to have been filed, could apply for stay under rule 5 of Order 41 CPC. 6. Further rule 5 does not in express terms say that the application for stay shall be filed only by the appellant. It is a power conferred upon a Court to make an order if it is moved in accordance with law. We think, that ...... Bangladesh.................Petitioner Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra P......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Awlad Hossain reported in 43 DLR (AD) 63. On the other hand, Mr. Serajul Huq has referred to the provisions of sections 169 and 170 of the Code of Criminal Procedure and has contended that the law empowers an Investigation Officer to submit a final report with respect to an accused if there is no s...... Jalaluddin Bhuiyan………………..Petitioner Vs. Abdur Rouf and others……….......Respondents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 6...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......f Abdur Rab Mia Vs. Fazlur Rahman reported in 43 DLR (AD) 23. In the first mentioned case their Lordships also referred to some decisions of the Indian Supreme Court as to the Election Commission’s power for directing repoll in election held to parliament and State Legislatures and observed: ......ry J Rezaul Karim……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......dinance, 1969 against the petitioner alleging that the petitioner suddenly stopped the work of the Mill with effect from 6 A.M. of 26.5.86 by a notification dated 25.5.86 on the plea of stoppage of power supply by WAPDA. Subsequently the petitioner declared lay-off for indefinite period by notif....................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made absolute. Cases Referred to- Zamiruddin Vs. Havas Khan, 21 DLR (SC) 39; Mundra Vs. National and Grindlays Bank , A.I.R. (1......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ed to or brought before it under the Ordinance. (b)...................................................... (c)........................................... (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance." ....................Petitioner Vs. Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company ......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......he plaintiff? (4) Is the plaintiff entitled to any decree against this defendant? 6. At the trial, one Abul Kashem was examined as P.W.1 on behalf of the plaintiff. He deposed in pursuance of a power of attorney given to him by the plaintiff. From his cross-examination it transpired that he is.......................Plaintiff Vs. MV Daizu Maru & others......................................Defendants Judgment March 10, 2002. Result: The suit is dismissed. Cases Referred to- The Silia" (1981) 2 Lloyd's Law Reports 535; Medway Drydock & Engineering Co. Ltd. Vs. mv......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......istration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant. and 299. Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court Division in accordance.......……….Petitioner Vs. Sailendra Kishore Chowdhury and others…………………Opposite Parties Judgment November 24, 1998. Result: The Rule is discharged without any order as to costs. Case Referred to- TJ George Vs. Mrs. Lucy Kochuvareed, Cr AIR 1963 Kerala 188. La......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106