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Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....ion. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified to be elected as Chairman. ii) In the South Dharmapur centre the opposite party No.1 resorted to various illegal and corrupt practices in the election. Votes of dead and absent voters were cast in his f......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
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....urn the advance amount by three times. This case shows the judicial anxiety to do justice when faced with the similar situation as emphasized in item-II, namely, hardship vs. hardship, qualified by legal mandate “hardship which he did not foresee' vis-a-vis no such hardship would accrue to the p......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
.... of the Penal Code read with the Special Powers Act and sentenced each of them to suffer rigorous imprisonment for seven years. Against the said order of conviction and sentence which is said to be illegal and merely based on suspicion, conjecture and surmise the accused petitioners filed Writ Petit......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......d expression means Judge of a principal Civil Court of Original Civil Jurisdiction. It is a Civil Court within the meaning of section 3 of the Civil Courts Act, 1887. The distinction between the status of an Election Tribunal, set up under the Local Government Ordinance, 1984 and the District J..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....Chittagong and (3) Superintendent, Chittagong Jail, Chittagong to show cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... except by consent and specially where the family property consists of land. 8. In this view of the matter the judgment and order of the learned Subordinate Judge does not suffer from error or illegality calling for our interference. There is, therefore, no substance in the appeal. The app...... filed an application for taking action against them for violation of Court's order of injunction. The defendant also cut one Jam tree and one big palm tree in violation of the order of status quo and they kept the plaintiffs out of possession of several kanies of land. Those defendant..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....or knowingly causing certain evidence connected with the murder of Lutfunessa to disappear or knowingly giving false information that she had committed suicide with intent to screen the offender from legal punishment. The accused appellant and other accused pleaded not guilty to the charges. Th......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappropriated the same. The Opposite-party No.1 was eventually tried by Mr. S.M. Abul......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ent receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappropriated the same. The Opposite-party No.1 was eventually tried by Mr. S.M. Abul Ba...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....ns Judge and Ex-Officio Special Tribunal No.1 was irregular and that the taking of cognizance of the offence u/s. 25B of the Special Powers Act by the Special Tribunal No.1 is without jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the accused petit...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....ged occurrence. For all these reasons it was submitted that the charge was not at all proved against the appellants and the conviction and sentence was passed without any basis or support by any legal evidence. 9. On behalf of the State, Mr. Gazi Abdul Mannan, A.A.G. supported the convicti......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....ceed in an action for breach of contract if he proves that an agreement has been reached under which the defendant has made him a definite promise; that the parties thereby intended to affect their legal relations and that the defendant has broken his promise though it was supported by the prese...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....f the Ordinance (which was substituted by the words ''360 days" by Ordinance No.LX of 1982 on 30.12.82), that in view of the aforesaid provision of law the Metropolitan Magistrate illegally and arbitrarily stopped the trial and released the accused on 26.12.82 long before the expir......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....ourt) on the allegations inter alia that the appellant-opposite party No.1 was not eligible to contest the election being an employee of the High Court and the election of Ward No.3 was vitiated by illegal and corrupt practices committed by opposite party No.1. The election Tribunal by its judg......ut by an order, dated 25.6.84 he has been unseated and the respondent-petitioner has not taken his office as yet. In these facts and circumstances, the learned District Judge decided that unless status-quo is not maintained there will be complications afterward. So, I hold that the learned Dist..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....rdinary civil Court of the lowest jurisdiction as before without any change in the judicial hierarchy. The U.N.O. has no supervisory, advisory or administrative jurisdiction over them. Necessary legal coverage to the Government scheme was given in the local Government Ordinance, 1982 ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... confusion and uncertainty. The procedural law is designed to facilitate justice further its end. Discretion is to be exercised according to law. It is not to be arbitrary, vague and fanciful but legal and regular (Sharpe Vs. Natefield 1891 A.C. 173 (179). In view of the above there is no hesi...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....tiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are forged, illegal and not valid. The plaintiffs alleged that certain officers from the Registration office came ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....the part of Section 526B. In view of Sub-Section (8) of Section 526 an application under Section 526B can be made "at any stage" before the defence closes its case. Thus, we do not find any legal force in the submission of the learned Advocate that since the charges have already been ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own legal character as a legal heirs of her father. So merely because a negative declaration h......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
.... be interfered with by the defendants they are well entitled to sue for mere injunction. Where however it is found that the possession of the land is with the defendants or that the plaintiffs had no legal possession in that case of course a suit for mere permanent injunction can be maintained. In t......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
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