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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. ...... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......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. ..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. ......ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,......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. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....arned Advocate, Mr. Khan, here submits that, defendant No.21 is Government in its written statement stated that said Ka schedule land was acquired by the Government in L.A. Case No.8/37-38 but this facts has not been proved by the Government as such findings on this acquisition of land being contr......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......hat have not been cancelled and the defendants are paying rents and other Government taxes and revenue regularly. ………………………(16) Statements of written statement if not proved by evidence, no Court can take into consideration of the statements of the written statement………..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....elay in examining the witness was unjustified and it would not be safe to rely on their testimonies………………….(51) Law on dying declaration Statement, written or verbal, of relevant facts made by a person who is dead, or who cannot be found under the circumstances of the case appea......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......ge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and cir..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... and sentence is liable to be set-aside. 11. On the other hand, Mrs. Ambia Bulbul Reza, the learned Assistant Attorney-General, submits that the Special Tribunal on proper consideration of the evidence on record rightly found the appellants guilty. She further submits that conviction can be..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... proceeding, judgment or to set aside decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which is in the nature of extra...... Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High ......e impugned order is illegal and without jurisdiction. 10. Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the State submits that the learned Magistrate would have given time to adduce evidence but ultimately he concedes the law point shown by the petitioner. 11. The only question ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....nesses and also by bringing other witnesses, which they will get in a civil proceeding. In such a situation I hold that the provisions of section 467 of the Penal Code are not at all attracted in the facts and circumstances of the present case. In this view of the matter I find substance in the abov......riminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections...... set aside. The Penal Code,1860 (XLV of 1860); Sections 463, 464 & 467 Decision on the basis of the Materials on Record When there is contradiction in between the documentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Div..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with concurrent finding of facts arrived at by the subordinate Courts. If any concurrent finding is not tainted with perversity...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu......-Parties Judgment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allow a party to adduce additional evidence The question of allowing a party to adduce additional evidence is a question to be decid..Category: Property Law | Date: | Hits: 88
....ng the appeals of respondent No. 2, Bhawal Raj Court of Wards Estate. In Writ Petition No. 1513 of 2006, the Rule was issued against similar order dated 20-5-2003 of said Appeal Officer.
2. As the facts and circumstances giving rise to issuance of the Rules are similar, and the contesting respond......h Court Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo......ners became 'Malik' directly under the Government, which is evident by the gazette notifications, Annexure S and S(1) to the writ petition and long continuous possession by the petitioners admittedly evidenced by SA record-of rights and RS record-of-rights, respondent No. 2 has got no right or inter..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......al Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment July 21, 2003. Result: .......(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold them liable for the offence under section 144 of the Penal Code, 1860..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....tion under Article 49(2) of the Representation of the People Order, 1972 (President's Order No.155 of 1972) challenging the validity of the election in Electoral Constituency No.129 Pirojpur‑1. The facts of the case are as follows: 2. General Elections for the Jatio Sangshad were scheduled to b......…………………Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a......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 support of the petition, whereas 3 witnesses, including the Respondent deposed in suppor..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....il petition for leave to appeal is directed against the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.4764 of 2006 discharging the Rule. 2. The relevant facts of the case are as follows: 3. The petitioner Aminur Rashid Chowdhury filed Writ Petition......ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is g......দ উন্নয়ন ও ব্যবস্থাপনা সংক্রান্ত কমিটি took decision on the basis of such unlawful application in their meeting dated 10.04.2006 as evidenced by Annexure-'N' declaring the disputed land as লবন মহাল and that the respon..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....has preferred the present appeal before this court on the grounds inter alia that the learned trial court was not at all justified in decreeing the suit as he failed to properly consider the material facts of the case and evidence on record. The learned Advocate submits that the learned trial Court ......ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ......or a declaration that those deeds are not binding upon the plaintiff, as well as for partition of his share of the undivided dwelling house. 3. The learned trial court on detailed consideration of evidence of the witnesses and on proper scrutiny of the documents legally brought on record decreed ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....t 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 disposal of the present revision and as presented by the prosecution may be ......enal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in section 320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be con...... section 320 eighthly is no exception to the general rule of law that a penal statute must be construed strictly……………………..(18) It is an established principle of law that unless the evidence as to inflicting grievous hurt is clear and specific, conviction and sentence under section..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....On 5.3.2009, Respondent Nos.6-10 filed an application to transpose them as the co-petitioners. The application was allowed and Respondent Nos.6-10 were transposed as co-petitioner Nos.6-10. 3. The facts leading to the issuance of the Rule, in brief, are: 4. Petitioners Nos.1 to 5 are actively ...... 6; 61 DLR (HCD) (2009) 744 ...... Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/harassment must be treated as direct and..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. ......ivil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Moniruzzaman (Md.)……………………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The......District Judge shall order notice of the application to issue to the borrower and his surety together with copies of the applications, the order passed by the District Judge under clause (3), and any evidence which may have been recorded at the time of the order under clause (3), calling upon the ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....nding in the Court of Magistrate, 1st Class, Satkhira should not be set aside and quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Essential facts which are required for disposal of this rule are that the opposite party No.2 as complainant f......ed in: 16 BLC (HCD) (2011) 237. ......omplainant failed to adduced the said diary before the Court at the time of hearing, moreover, the complainant even failed to make a statement what is noted in the diary, which prove that there is no evidence of any writing by the accused petitioners on the diary of the complainant, as such, the pro..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....n the particular circumstances of the case. The interference will be justified when Court fails to impose proper sentence which may result in miscarriage of justice. 25. In the instant case when facts have been established that appellant being infuriated at the protest of the victim, suddenly......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n...... 31 The Penal Code, 1860 (Act No. XLV of 1860); Section 304, Part II. The Evidence Act, 1972 (Act No. I of 1972) Suggestion without being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally ev..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the...... the plaintiff used that passage as his pathway to the Municipal Road, plaintiff and others have got no necessity to use the suit pathway. The suit is false and liable to be dismissed. 5. Oral evidence were adduced and local investigation was made at the trial. The learned Court on consider..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....s of the above mentioned case was also stayed initially for a period of six months and thereafter it was extended for another term of further months of being expired on 13-11-2010. 3. The relevant facts for disposal of the Rule are that the opposite-party No.2 Md. Chan Mia filed a petition of com......rted in: 16 BLC (HCD) (2011) 233. ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
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