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Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....d. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendig......ting re‑polling in the said centre as there was rigging and false voting. It is further stated that the respondent No.4 apprehending disturbance in the said centre on the date of election, filed an application in advance on 21‑12‑97 to the respondent No.5 stating that the petitioner and his te..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of th..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ...... with Md. Shah Alam, Advocates – For Respondent No .6. Md. Aktaruzzaman, Advocate — For Respondent Nos. 7 and 8. Writ Petition No. 6312 of 2007. Judgment Md. Ashfaqul Islam J. - In an application under Article 102 of the Constitution this Rule was issued calling upon the respondents ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ed the aforesaid notice dated 26.5.96 only on 2.6.1996, that is, one day after the expiry of the time allotted for showing cause and in the circumstances the petitioner instantly on 2.6.1996 filed an application to the Respondent No.3 praying for supplying him with the attested copies of the essenti..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human memory is always fleeting. Such belated recording of statement deserves no considerat......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....lainant took time in several occasions intentionally for dilaÂtory tactics in order to harass the accused and to proÂlong the case, the Magistrate should use his discretion in refusing to entertain fresh petiÂtion and to acquit the accused……………………..(17) An order of ac......k, Advocate - For the Petitioner. KM Zahid Sarwar, Deputy Attorney-General - For the State. Criminal Miscellaneous Case No.5978 of 2000. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....hat the learned Magistrate at Gazipur took evidence of the witnesses earlier in 1979. After the case was sent back on reÂmand again the Additional District Magistrate took evidence of the witnesses afresh. 7. Mr. Serajul Huq, the learned Advocate for the petitioners, submits that the present cas......been able to prove the case and the case was of civil nature and that was why it was not maintainable. Against the aforesaid order of the learned Magistrate complainant, Kafiluddin moved a revisional application before the learned Sessions Judge being Revision Case No.474 of 1979. UltiÂmately the c..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ....... This indiscriminate use of the provision of prevenÂtive detention shows that the detaining authority in most of the cases are acting without at all looking to the spirit of the Act and without any application of mind to the grounds on which preventive order of detention can be passed. Time has co..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......e judgment and order dated 4-9-2008 passed by the learned Assistant Judge, Jokingonj, Sylhet in Miscellaneous case No.17 of 2007 allowing the pre-emption. 2. It has been asserted in the revisional application that the opposite party Nos.1 and 2 as pre-emptor initiated Pre-emption MiscellaÂneous ..Category: Property Law | Date: | Hits: 88
.... aforesaid appeal order under Rule 42 of said Rules, 1955 and appointed Mr. Moshiur Rahman (respondent No. 7) Appeal Officer and Charge Officer by his memo dated 18-12-02 for disposal of the appeals afresh. Respondent No. 8 Appeal Officer heard the appeals and allowed the same and asked to record th......eal No. 2493 to 2495 and 2498 and 2499 of 1999. The Appeal Officer heard the appeals together and by his order dated 5-12-1999 dismissed the appeals, Annexure O.
13. Then, respondent No. 2 made an application before the settlement officer at Dhaka against the aforesaid appellate order and other o..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....t and consent of both parties, it was decided that framing of issues is not essential in an election case and is not a mandate of the Order and the case was allowed to proceed without framing issues afresh. 9. Evidence There were 5 witnesses, including the Petitioner, who gave oral evidence in......itioner. Abdur Razzak, Senior Advocate with Mohammad Hossain, Advocates-For Respondent No.5. Election Petition No.10 of 2001. Judgment Md. Imman Ali J.-This election case arises out of an application under Article 49(2) of the Representation of the People Order, 1972 (President's Order N..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......l and Gandamara under P.S. Banshkhali of District Chittagong to the writ respondent No.8 Haji Jamir Uddin. 4. In his writ petition the writ petitioner, (petitioner herein), stated that he filed an application for granting lease of Government khas land for the purpose of salt cultivation and subse..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....te Commissioner while deposing in the Court in respect of the report and the contesting defendant appellant having never prayed for cancellation of the local inspection report and never praying for a fresh inspection the belated objection raised for the first time before this Court against Ext-13 is......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......ears and to pay a fine of Tk.1000/- in default to suffer rigorous imprisonment for a further period of .2 months. 2. It may be mentioned that there was a delay of 63 days in filing this revisional application and the delay was condoned by this Court on 10.5.2009. 3. The facts necessary for the..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....l justice, (ii) why the orders of suspension dated 25.10.2008 passed by the Syndicate should not be declared to be without lawful authority, (iii) why the Respondents should not be directed to hold a fresh inquiry as required by section 44 of the Act in relation to the serious allegations of miscond...... Petitioner Nos.1-5. Ruhul Quddus - For Petitioner Nos. 6-10. Md. Saidur Rahman - For Respondent Nos.1-3 and 5. Writ Petition No. 9414 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nis..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......ute. The Bangladesh House Building Finance Corporation Order, 1973, (PO No.VII of 1973); Article 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'District Judge' having territorial jurisdiction over the pro..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......fore the Court for filing objection. 5. On getting information about the case the accused person Sheikh Shayeed-ul-Alam, voluntarily surrendered before the Court on 9-5-2004 and filed and moved an application for bail. The learned Magistrate Court on hearing both the sides was pleased to grant ba..Category: Criminal Law | Date: | Hits: 102
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ious complaint petition has been totally concealed and nothing is referred to show any averment about the earlier complaint petition containing same allegation, and it does not disclose any reason or fresh cause of action for initiation of the 2nd proceeding. There is no fresh element of cheating. T......harge was also framed against these two petitioners by rejecting their petition under section 241A of the Code of Criminal Procedure. 5. On obtaining bail, the accused petiÂtioners preferred this application under section 561A of the Code of Criminal Procedure and obtained the instant Rule and s..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....and took back all the documents of ownership as well as photocopies of the documents, also original deed of agreement from the defendant No.4. The defendant states that, thereafter, defendant Nos.1-3 freshly settled the price of the first schedule property at Taka 70,000 and after accepting entire c......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......terials on record and the Judgment of the Courts below and the evidence on record. I have also considered the submission of the learned advocate for both sides and the grounds taken in the revisional application. 17. The Courts below have recorded contradicÂtory decisions on some vital issues, p..Category: Family Law | Date: | Hits: 246
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