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Babul Vs. State, 2002, 31 CLC (HCD)
....s. He, also, testified that articles kept in court were those seized articles. 12. PW 3 Police Constable in his evidence stated that he along with Sub-inspector of Police, Daroga Motiur Rahman and local people recovered arms from the house of convict-appellant and prepared seizure list. He stated......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....the concept of debt had its place in the mediaeval Common Law in England for recovery of definite sum of money on a promise to pay and after the conquest of Indian Sub‑continent by the English, the local Courts continued to adjudicate the matters side by side the Company Courts and it is only in 1......1 it appears that a petition for winding up should be considered keeping in view the advantage or disadvantage of a shareholder and therefore only a shareholder can resort to this sub‑section and nobody else. 31. Mr. Nabi relying on the case reported in 1991 BLD 49 submitted that arrear of hous..Category: Employment/Service Law | Date: | Hits: 144
....c shall be a democracy in which effective participation by the people of Bangladesh through their elected representatives in administration at all levels is ensured, including under Article 9, in the local Government institutions also.
The historical development:
17. This great idea of univers...... the age of twenty-one secured the right to vote while the women got such right in 1928. The property requirement for a voter was finally removed only as late as in 1949 and a supervisory independent body called an Election Commission, to enquire into allegations of bribery and corrupt and illegal p..
Category: Employment/Service Law | Date: | Hits: 99
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
.... Majid Khan, village Latabaria PS and District Barguna for mischief and broke furniture of the house and then took away golden chain cash money, etc by breaking open key of the almirah whereafter the local people caught hold of him with the incriminating weapons at the time of his retreat. The accus...... that one of the weapons recovered from the possession of the accused appellant is a dagger which has been enumerated in section 4 of the Arms Act, and a dagger as per this section is a weapon. If anybody keeps it without any licence, he is liable to be punished under the aforesaid Act. In support o..Category: Criminal Law | Date: | Hits: 78
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... order does not appear to include an order in refusing to exercise a jurisdiction vested in the Appellate Tribunal. Besides, when order results from non-exercise of jurisdiction vested in a statutory body and is ex facie without jurisdiction, invoking of constitutional jurisdiction under Article 102..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....mprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Mazeda Khatun, aged about 16 years and studying in Class Six in the local school, was sleeping along with her minor sister in their dwelling hut at village Mohadebpur, ...... came to the scene after the departure of the accused. She also specifically stated that accused Abdur Razzaque had committed rape on her against her will causing injuries on the private parts of her body. 3. The police after usual investigation submitted charge-sheet against accused-appellant Ab..Category: Criminal Law | Date: | Hits: 94
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......erial allegations of the plaint contending, inter alia, that the defendant No.3 did not go to the plaintiff-Bank at any point of time, neither he mortgaged his property nor he became guarantor for anybody whatsoever; that some of the officers of the plaintiff-Bank in-collusion with defendant Nos.1 a..Category: Procedural Law | Date: | Hits: 107
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....e 102 of the Constitution confers power on the High Court Division to issue writs in the nature of Mandamus to compel a person performing functions in connection with the affairs of the Republic or a local authority to do something that he is required by law to do. Such person must hold office of a ......heir contractual periods were extended from time to time. It is admitted that they were first appointed on that basis in BFCC project and after the completion of the project, it became an affiliate body of Bangladesh Biman. It is also admitted that the Biman authority made a material departure..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... the meantime one Kashem Sharif, a close relative of the Secretary, Ministry of Energy and Mineral Resources, joined NIKO Resources Limited as its Advisor and Vice President (South Asia), who being a local executive of NIKO Resources Limited to implement the proposal in all places. Although the prop......ere is no allegation that petitioner herein had misappropriated any public property for her own use or by doing the act as alleged in the FIR she has acquired no undue privilege for herself or for anybody else. 22. Mr. Nurul Islam Sujon, learned Counsel, appeared for the petitioner and submits t..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....son of late Chand Miah also sent an application to respondent No.2 praying for being appointed as the next Mutwalli. As there was contest between the two claimants the matter was enquired into by the local Inspector of Waqfs and on the basis of the report submitted by him the Administrator appointed...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
.... order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local investigation of the suit land. 2. The short fact that will be necessary for the disposal......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....c. under the Antiquities Act, 1968 in the spirit of Article 24 of the Constitution. (c) There was no people’s participation except some show meetings which were managed through manipulation. The local people were not at all afforded any opportunity to submit their objections and, thus, the aggr...... with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” Artic..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....xecution of any decree that may be passed against him: (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court, the Court may direct the defendant, within a time ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......Md. Bhidu Pramanik did not see the occurrence which took place in his courtyard. He stated that hearing hue and cry at about 6-00 AM in the morning he came home from the nearby field and saw the dead body of the victim lying in his courtyard. He also stated that occurrence took place as a result of ..Category: Criminal Law | Date: | Hits: 72
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......oresaid amount or any other amount to the plaintiffs in case of their success in the suit. Further, the Water Development Board has been constituted under President’s Order No.59 of 1972 which is a body corporate having its common seal and this Board is governed by the provision of this order and ..Category: Alternative Dispute Resolution | Date: | Hits: 245
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......re procedural fairness. In many occasions it has been held by this Court that violation of the principle results in jurisdictional error. The principle of natural justice now extends to any person or body deciding matters affecting the rights and interests of an individual. Following some English de..
Category: Limitation Law | Date: | Hits: 175
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....ing morning also he did not visit the house of the accused persons as he was told by the accused persons that Nasiruddin left their house in that very night. P.W.3 also stated that he accompanied the local Chairman and Union Parishad member to see the dead body of the deceased in the beel and furthe......that P.W.1 ASI of police Abdul Halim Mia was entrusted with the investigation of Rupganj PS Unnatural Death Case No.11 dated 29-9-88 and accordingly he went to village Bagdi, held autopsy on the dead body of deceased Nasiruddin and having found marks of injuries on the dead body sent the same to the..Category: Criminal Law | Date: | Hits: 56
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....(c)………… ………. ………. (d)………… ………. ………. (e) he holds any full‑time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; (f)……….. ……….. ………… (g) he or she has defaulted in repayi......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..Category: Election Law | Date: | Hits: 148
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......attar Bepari, brother accused Salauddin, cousin accused Muijibur Rahman, accused Hozrot All and accused Rashid Soail assaulted Hanufa Akhter and then killed her by strangulation. Thereafter, her dead body was put into a bag and kept the same in a bush. The informant came to know about the occurrence..Category: Criminal Law | Date: | Hits: 112
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