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Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)

.... application under Article 102 of the Constitution that respondent No.1 filed the Election Tribunal Case on 5-3-98 stating, inter alia, that he along with petitioner and five others contested for the post of Chairmanship of Shaplapur Union Parishad. The respondent No.2 is a defaulter in Bank and def......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......the Constitution that respondent No.1 filed the Election Tribunal Case on 5-3-98 stating, inter alia, that he along with petitioner and five others contested for the post of Chairmanship of Shaplapur Union Parishad. The respondent No.2 is a defaulter in Bank and defaulter in payment of Union Parisha......nstitution that respondent No.1 filed the Election Tribunal Case on 5-3-98 stating, inter alia, that he along with petitioner and five others contested for the post of Chairmanship of Shaplapur Union Parishad. The respondent No.2 is a defaulter in Bank and defaulter in payment of Union Parishad Tax ..

Category: Election Law | Date: | Hits: 78

Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)

....r-in-Charge of the Cox’s Bazar Pourashava was put under suspension on the ground of misconduct and he was also directed to show cause within 7(seven) days as to why he shall not be removed from the post of councilor and Mayor in charge of Cox’s Bazar Pourashava. He further submits in pursuance o......he shall not be removed from the post of councilor and Mayor in charge of Cox’s Bazar Pourashava. He further submits in pursuance of the said order of suspension, Mr. Raj Bihari Das, the next panel member for Mayor, had already taken over the charge of Mayor on 23.10.2010. 3. Mr. Rokanuddin Mah...... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17....... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17...

Category: Civil Law | Date: | Hits: 104

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

....n of appellant No.2 she could not lodge the First Information Report. The P.W.3 on being endorsed by P.W.1 went to the place of occurrence, held inquest on the dead body and sent it to the morgue for post- mortem examination suspecting the case as of murder on finding marks of injuries on different ......ied his maternal cousin. Deceased Joynab Banu brought a case before the Martial Law Court over the same and under the said pressure a salish was held and the appellant No.1 was prevailed by the local members to re-marry her by executing a Kabinnama of Taka 10,000.00. The further prosecution case is ......to the morgue for post mortem examination. P.W.5 Sajiran is the mother, P.W.6 Atosh Ali is the brother, and P.W.7 Afaz Uddin is the cousin of the deceased. P.W.8 Abdul Khaleque is the member of local Union Parishad and P.W.9 Shamsul Hoque is the husband of the sister of the deceased. Of these 9 witn...... morgue for post mortem examination. P.W.5 Sajiran is the mother, P.W.6 Atosh Ali is the brother, and P.W.7 Afaz Uddin is the cousin of the deceased. P.W.8 Abdul Khaleque is the member of local Union Parishad and P.W.9 Shamsul Hoque is the husband of the sister of the deceased. Of these 9 witnesses ..

Category: Criminal Law | Date: | Hits: 28

State Vs. Moslem, 2002, 31 CLC (HCD)

....ty of a witness if the testimony inspires confidence in the mind of the Judge. 46. A close relative who is a material witness cannot be regarded as an interested witness. The term "interestedness" postulates that the witness must have some direct interest in having the accused somehow or the othe......house including the victim Salma. His stay in the house of PW 2 (first place of occurrence) is proved by PWs 1-3, 8‑11, 17, 20 and 23. His stay in the house of PW 2 and his intimacy with the family members are riot denied by defence. The first chain of circumstantial evidence is, thus, proved by o......ded in bringing him to the house of PW 2. Condemned Prisoner then was handed over to Tara Mia, local Chowkider PW 10 and, thereafter, he was handed over to Mozhorul Huq alias Maher Dewan, Chairman of Union Parishad, PW 17 Condemned prisoner gave self contradictory versions and irrelevant statements....... bringing him to the house of PW 2. Condemned Prisoner then was handed over to Tara Mia, local Chowkider PW 10 and, thereafter, he was handed over to Mozhorul Huq alias Maher Dewan, Chairman of Union Parishad, PW 17 Condemned prisoner gave self contradictory versions and irrelevant statements. Conde..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ...... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ...... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ...... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ..

Category: Criminal Law | Date: | Hits: 32

Ahsan Ullah (Md) Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others, 1998, 27 CLC (HCD)

.... The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168....... The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168.......ers vide Annexures ‘A’ and ‘B' was stayed by this Court 2. The petitioner Md. Ahsanullah was appointed as Nikah Registrar on 28-2-77 on temporary basis in respect of area consisting of three Unions namely, No. 4 Bakai Union, No.5 Mudaffarganj and No.6 Paschim Gao Unions under Laksham Thana,...... The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168...

Category: Employment/Service Law | Date: | Hits: 76

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202....... Authority” has been amended by President’s Order 147 of 1972 and the amended definition of local authority now mean that a “Local Authority” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by ......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...

Category: Fiscal/Taxation Law | Date: | Hits: 94

Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... in the murder case of the father of the petitioner and P.Ws.1 and 2, who are cousins, are interested witnesses and further the next door neighbur was not examined in the case and the Chairman of the Union Parishad, through whom the F.I.R. was sent to the police station, was also not examined; moreo......e murder case of the father of the petitioner and P.Ws.1 and 2, who are cousins, are interested witnesses and further the next door neighbur was not examined in the case and the Chairman of the Union Parishad, through whom the F.I.R. was sent to the police station, was also not examined; moreover pr..

Category: Criminal Law | Date: | Hits: 33

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......t the time of commission of the dacoity she look a look at the dacoits. At the T.I. parade she identified 5 dac­oits. She came to know of the names of those five dacoits later on, but she does not remember their names at the time of giving evidence. At the T.I parade she also identified some articl...... on the recognition of the appellants. As such their evi­dence is of no assistance to the prosecution as far as the appellants are concerned. 9. P.W. 6 Belayet Hossain is a member of the local Union Parishad. He stated that immediately after the occurrence he came to the house of the informan......e recognition of the appellants. As such their evi­dence is of no assistance to the prosecution as far as the appellants are concerned. 9. P.W. 6 Belayet Hossain is a member of the local Union Parishad. He stated that immediately after the occurrence he came to the house of the informant P.W...

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

.... re­putation of the entire judicial system in the estima­tion of the public. 2. The contemner No.1 is the letter writer him­self. A copy of the Rule was sought to be served on him by registered post with A/D, but it came back with the remarks on the cover "not known". Contemner No.2 is the Edi......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...

Category: Criminal Law | Date: | Hits: 37

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....nts of P.Ws the prosecution case should not be believed has got no leg to stand. 16. The learned Advocate thirdly, urged that non-examination of the Daroga who held inquest and the doctor who held post-mortem examination has prejudiced the ace in his trial. The learned Ad­vocate for the State on......ell down on the road; that thereafter Ezahar Sepai ran away towards his house and the informant also went to his house and while he was narrating the incident1 to Altaf, Haider Jamader and the female members of his house Ezahar Sepai, Kalu Sepai, Mosharraf Sepai, Lalu Howlader, Abdul Mannan, Rizia K......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..

Category: Criminal Law | Date: | Hits: 93

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

.... not arise, because what the petitioners now seek to prove is not their predecessor's averments made in the written statement, but a certain fact which only came out at the trial. They are pursuing a post-trial development. Surely, this is not what is meant by discovery of new and important matter o......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)

....allenged the order dated 18.01.2004 issued by the respondent No. 5 under Memo No. অম/ অবি/উঃবাঃ-৫/মহিলা-১২/৯৭/০৭ purporting to transfer the services of 118 posts of the development project namely "Women Support Programme (2nd Phase)" to the revenue budget ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ..

Category: Employment/Service Law | Date: | Hits: 86

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

.... earlier on the basis of GD Entry No. 82 dated 3‑6‑90 of Police Station and went to Sadar Hospital and held inquest on the dead body of Shamsu Sikder and forwarded the dead body to the morgue for post-mortem examination. Thereafter, Inspector Farid Uddin Ahmed took up the investigation of the ca......Sadar Hospital by baby-taxi and the victim was admitted there, but Shamsu Sikder succumbed to his injuries at about 5‑00 PM. Further case of the prosecution is that the deceased Shamsu Sikder was a member of Village Defence Party and had dispute over the distribution of wheat amongst the distresse......and they saw the occurrence and as there was gathering of more people the condemned prisoners fled away towards the north. PW 1 also stated that he took injured Shamsu to the house of Chairman of the Union Parishad and thereafter to the hospital and subsequently went to Sadar Hospital at 5‑00 PM w......ey saw the occurrence and as there was gathering of more people the condemned prisoners fled away towards the north. PW 1 also stated that he took injured Shamsu to the house of Chairman of the Union Parishad and thereafter to the hospital and subsequently went to Sadar Hospital at 5‑00 PM where S..

Category: Criminal Law | Date: | Hits: 36

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168....... “If, upon winding up or dissolution of the society, there will remain any surplus after the satisfaction of all its debts and liabilities the same shall not be paid to or distributed among the members of the society but shall be given or transferred to some other society or association or ins......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....is also the adviser of the Thana Sammonnoy (co-ordination) committee which holds meetings once every month, attended by all the Union Parishad Chairmen and all the Government officers currently under posting to that Thana. 3. It is stated in the petition that the respondent No.1, the Government o......hey are issued by a particular Ministry for a particular purpose i.e. for disaster management. As such they are not binding upon the respondent No.4, and, the latter is not bound to consult the local member of Parliament in convening meetings of Thana Parishad co ordination committee, other than tho......n three successive occasions. As a Member of Parliament, the petitioner is also the adviser of the Thana Sammonnoy (co-ordination) committee which holds meetings once every month, attended by all the Union Parishad Chairmen and all the Government officers currently under posting to that Thana. 3.......e successive occasions. As a Member of Parliament, the petitioner is also the adviser of the Thana Sammonnoy (co-ordination) committee which holds meetings once every month, attended by all the Union Parishad Chairmen and all the Government officers currently under posting to that Thana. 3. It is..

Category: Administrative Law | Date: | Hits: 462

Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)

....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159...

Category: Criminal Law | Date: | Hits: 120

Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)

....oresaid. Being aggrieved, the accused filed the instant jail appeal. 3. At the trial, the prosecution examined 11 (eleven) witnesses including two police officials and the doctor who conducted the post-mortem, to prove the charge against the accused while 3 (three) witnesses were examined on beha......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..

Category: Health Law | Date: | Hits: 266

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

..... The seizure list was marked as Exhibit 6 and his signature therein was marked as Exhibit 6/2. On 28-12-2000 at 11-30 AM on receipt of a pellet recovered from the body of the deceased at the time of post mortem examination through Ramna Police Station he seized the same and prepared the seizure lis......aja, Sohrab, Taha, Aurango on the dock and said that accused Monir and Almas were absent. In cross-examination he admitted that the Daroga examined him 4/5 months after the occurrence. He could not remember whether he stated the name of babytaxi driver Monir to the Daroga. He denied the suggestion t......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..

Category: Procedural Law | Date: | Hits: 75