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Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......uties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circum..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....during the eviction drive on 13-2-2008, which was reported in the Daily Samokal on 15-2-2008 (Annexure-P). 5. During the course of hearing the petitioners filed several affidavits with the view to amending the petition. Essentially the gist of the amendments is that while LA Case No. 90/1965-66 w......Dhaka and Deputy Director, National Housing Authority addressed to some of the petitioners (Annexure-P-1). Rule in similar terms was issued in each of the other three writ petitions in respect of the lawful authority of the issuance of the respective, eviction notice being Annexure-J by the same aut..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......e legislature has put an embargo to the Mayor of the City Corporation disqualifying him to contest the parliamentary election by repealing the previous statute the Court must not advance to make such law unworkable in the name of interpretation………………………….(22) City Corporation..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......09. Judgment Syed Mahmud Hossain J.- Writ Petition Nos.1669 of 2009 and 2386 of 2009 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. In Writ Petition No.1669 of 2009 the Rule Nisi was issued under the following ..

Category: Others | Date: | Hits: 107

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......graduated from the University of Dhaka with an Honours degree and a Master’s degree in Islamic History and Culture and thereafter proceeded to the united Kingdom where he pursued further studies in law and has been living and working since 1965. A photocopy of the relevant pages of his Bangladeshi..

Category: Constitutional Law | Date: | Hits: 386

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......lently and managed an illegal award for making illegal gains. 5. In such view of the matter, the appointment of Mr. Justice Abdur Rahman Chowdhury as the sole arbitrator is evidently illegal and unlawful and all actions taken by Mr. Justice Abdur Rahman Chowdhury must be held to be exercises in f..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....f charges under section 19(a) and (f) of the Arms Act is set aside and Jana Nirapatta Bighnakari Aporadh Daman Tribunal is directed to frame charge under the Jana Nirapatta (Bishesh Bidhan) Ain, 2000 amending or altering the charges under the provisions of sections 225 and 227 of the Code of Crimina......arges framed under section 19(a) and (f) of the Arms Act by this Tribunal for want of jurisdiction. 4. Considering the facts and the submission of the learned Advocate as well as the provisions of law it appears ex facie that the charges as framed by the Tribunal, particularly the charges framed ..

Category: Criminal Law | Date: | Hits: 79

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....ion of evidence on record or miscon­struction or any document revisional can interfere. He further submits that the opposite party No.2 being plaintiff No.2 has deviated from her pleadings with­out amending the plaint which is barred under Order VI, rule 7 of the Code of Civil Procedure and at pre......ard for of the sit-in full in favour of the plaintiff and against the plaintiff defendants; And (e) Granted any other or further relief or reliefs to which the plaintiff may be found enti­tled in law and equity in the facts and circum­stances of the case." 3. Short facts of the plaintiff s c..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......iminal offence, or the convic­tion has been based on 'no evidence' or other­wise to secure ends of justice." 13. In order to dispose of this Rule, let us first consider the relevant provision of law as contained in section 415 of the Code of Criminal Procedure relation to 'cheating'. 14. Sec..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......e case. It is submitted by Mr. Chowdhury that the provisions of Family Courts Ordinance is applicable only to the Muslims. Though in section 1(2) of the said Ordinance it has been mentioned that this law will extend to entire Bangladesh, according to Mr. Chowdhury Section 5 of the Ordinance has put ..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......n was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendiously called Dying Declarations. Such statements are admitted, upon consideration th..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......osts. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell?  This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a Court…â€..

Category: Constitutional Law | Date: | Hits: 334

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......tioners were made parties in the partition suit. The summons were duly served upon the defendants but they did not contest the suit. The judgment and decree in question were passed in accordance with law but the petitioners filed the Miscellaneous case on some false allegations and as such, the Misc..

Category: Procedural Law | Date: | Hits: 133

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. .......2 of 1992 refusing to take cognisance in the absence of sanction shall not be set aside and why direction shall not be given on the Senior Special Judge to take cognisance of the offence as per law. 2. The short fact leading to the issuance of the present Rule is that, the complainant‑pet..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......ty and others…………………………….Respondents Judgment October 26, 1997. Result: The Rule is discharged. Where scope of alternative remedy by way of appeal is available in law, without preferring appeal, the writ is not maintainable. Cases Referred to- Principal, Ch..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... If both parties are found to have committed offence under section 148 of the Penal Code none of those is entitled to be acquitted on the ground that the other is the aggressor and in this respect law spares none………………………(9) Relationship of the witnesses with a party Relat..

Category: Criminal Law | Date: | Hits: 75

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......gment Qazi Shafiuddin J.- In this Rule the petitioner has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Blo..

Category: Property Law | Date: | Hits: 71

Abdul Latif Howlader Vs. Additional Deputy Commi­ssioner (Revenue) & others, 1998, 27 CLC (HCD)

....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......1 before the respondent No.1. Respondent No.1 passed the impugned order. 3. It is contended that the Additional Deputy Commissioner (Revenue) illegally passed the order and it is also made without lawful authority. Secondly, respondent 1 failed to appreciate that in the deed the executant admitte..

Category: Constitutional Law | Date: | Hits: 222

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ...... the plaintiff opposite parties. 9. Mrs. Salma Rahman, the learned Assistant Attorney-General on behalf of the petitioner's Government submits that both the Courts below have committed an error of law in decreeing the suit against the petitioner, that both the Courts below have committed an error..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......onclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedure during which he plead­ed his innocence and claimed to be tried in accor­dance with law. 9. Upon conclusion of trial, the learned Addi­tional Sessions Judge, In Charge, Mymensingh ..

Category: Criminal Law | Date: | Hits: 62