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Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....failure of jusÂtice. He further submits that the plaintiffs filed a simple suit for declaration of title in respect of his claimed 38+10=48 decimals of land but it appears from the schedule that the total area of the suit plot is 5.68 decimals of land and there is no specific boundary to determine ...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......ending any party to the case in order to defect the order of the Court which might be passed on such an application, if it does any misÂchief or the act is absolutely illegal, the Court has inherent jurisdiction to pass an order of mandatory injunction. In support of his contention, he cited the ca..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. ...... interest to the bank and, as such, it cannot be said that the accused-petitioner had mens rea to deceive the bank in not making payment of the remaining loan amount and interest and, as such, in the absence of mens reas, mere breach of contract can not constiÂtute the offence of cheating. In this ......en submits that the alleÂgations brought against the accused-petitioner are factual matters require to be proved on taking eviÂdence. He lastly submits that this Court sitting in its extra-ordinary jurisdiction under Section 561A of the Code of Criminal Procedure cannot decide the factual aspect o..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....it was decreed with a direction that the present petitioner shall pay Taka 500.00 per month to opposite party No.1 and Taka 300.00 per month to the minor child on account of maintenance for 19 months totaling Taka 15,200.00. 3. Being aggrieved by and dissatisfied with the said judgment and decree...... 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. ......muzzaman Chowdhury, the learned Advocate appearing on behalf of the petitioner pressed this Rule only on the legal point that a Family Court constituted under Family Courts Ordinance, 1985 had/has no jurisdiction to pass such a decree as the parties are Hindus. Mr. Chowdhury has not controverted or ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....he mouths of prosecution witnesses and to separate truth from falsehood and grain from chaff. The proof of charge which has to be beyond any speck of doubt must depend upon judicial evaluation of the totality of evidences, oral and circumstantial and not by an isolated scrutiny. Case of the prosecut......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(33) Words and Phrases Reasonable Doubt The expression "Reasonable Doubt" is incapable of definition. Plain meaning of "Doubt" is uncertainty of mind, the absence of a settled opinion or conviction, the attitude towards acceptance of a belief in propositi......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. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....ed 1-11-1986 for setting up of electric bulb industry' the Bank under 3rd IDA Credit Scheme sanctioned a sum of Taka 29, 00,000 as loan by letter No. BBA/ADB-3rd/IDA/ELL/10645 dated 26-7-1987. Out of total loan limit the project loan was Taka 24, 00,000 and working capital was Taka 5, 00,000 only bu......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. ......h law. 18. The question as to whether the petitioner became a sick industry due to its own fault or for the fault of the Bank being a disputed question of fact it cannot be decided in summary Writ jurisdiction. 19. Lastly, we feel it necessary to add a few words about the conduct of the writ p..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....ing arm i.e. pistol with loaded bullet had been allegedly recovered. 4. P.W.3 the only seizure list witness had been produced from the side of prosecution in support of its case but he had given a total go-bye to prosecution case by supplying version that he did not see any recovery of arms form ......al possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction and sentence upon him. In the absence of no such independent corroboration, conviction and sentence only on the basis of highly in......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
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. ......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. ......ror of law in exercising their power as provided by law and as such, the judgments and orders do not suffer from any illegalities which calls for interference by the Hon’ble Court in the revisional jurisdiction. He further submits that the Courts below settled the facts considering the evidence on..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. ......oner, Bagerhat to show cause why the order Nos.9 and 10 dated 5‑1‑93 passed by the learned Senior Special Judge, Bagerhat in Special Case No.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 Specia......rs relied on 3 cases, namely, the case of Md. Ismail and another Vs. Crown reported in 6 DLR 152, Rokeya Begum Vs. Shafiqur Rahman reported in 2 BCR 1982 (HCD) 4 and another case from the Indian jurisdiction namely, Niaz Muhammad Baksh Vs. Emperor AIR 1939 (Sind) 148. 6. The learned Assistan..Category: Criminal Law | Date: | Hits: 130
....mination offences, such as smuggling in scripts with the procured signatures of fictitious invigilators and some scripts without any signature, was established against the petitioners and some others totalling 181 examinees. The Discipline Board with the recommendations sent the record to the Syndic......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.
......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.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....Hye and his wife Jahura Khatun, Yunus Ali and Salahuddin purchased by different sale deeds starting from 1962 up to 1983 an area of about 291/2 decimals of land of the disputed plot No.1545 which has total area of 33 decimals on the basis of sale deeds Ext. V series. There is no scope for deciding t......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. ......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. ..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. ......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. ......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. ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (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. ......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. ..................Respondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....r, Bogra claiming the amount but no action was taken. Hence the suit was filed with the above prayer. 5. The defendant No.1 Government contested the suit by filing a written statement. Its case is total denial and, inter alia, case is that the suit land as in ejmali possession of Ram Krishna and ......on based on guess and surmise. She also submits that the employee of the defendant No.1 acted on good faith and the defendant Nos.2 and 3 having been found in exclusive possession of the suit land in absence of any objection from anyone and that award was correctly made in their names and accordingl......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. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....at although the informant stated in the FIR that he was threatened by the appellant, first with a dagger and then with a scissor, which prompted him to write the cheque, during his deposition, he was totally silent about being threatened with a scissor. Mr. Khan conÂtends that given that the appell......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. ......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. ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......ic of Bangladesh being represented by the Deputy Commissioner, Chandpur and others……………………….Respondents
Judgment
June 3, 2007.
Result:
The Rule is discharged.
In the absence of original documents, a court of law cannot rely on Photostat documents only as those docum......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
....berin Khan Hassan 28691 Nos. of shares held by Mr. Jamal Khan, 14346 Nos. of shares held by Mrs. Asmeen Khan, 5000 Nos. of shares held by M/S Navana Ltd. and 2051 Nos. of shares held by Mr. Ziaul Huq totaling 1,75,569 Nos. of shares have been agreed to be sold to the writ petitioner. The said fact o......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......ognized extended limbs namely 'duty to act fairly' and 'reasonableness', while the public body respondent No.2, was cancelling the Annexure-C.
26. An unbroken series of decisions in the common law jurisdiction has already established the principle that the rules of natural justice that no person ..
Category: Administrative Law | Date: | Hits: 299
....hatian contending that the schedule as stated in the application was not annexed with the application though the Trial Court has recorded specific findings on those issues but the Appellate Court has totally failed to reverse those findings and thus committed fundamental error of law which is an err......tiff filed suit before 1972 and the plaintiff was not notified while convened the meeting by the locals which is also evident from the exhibit "Uma" and alleged committee admittedly had formed in the absence of the plaintiff and this vital aspect of the case has not been considered by the Trial Cour...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....he country. The fact that the trial of war criminals is about to start and the Petitioner is likely to be put on trial for war crimes during the liberation war of Bangladesh in 1971 is in our opinion totally insufficient to refrain the Petitioner from leaving the country. Despite being asked several......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......ction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ..Category: Election Law | Date: | Hits: 723
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