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Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....t June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..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. ......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. ...... was decreed by the Artha Rin Adalat by judgment and decree dated 3-3-2005 against which there being specific provision in the statute for seeking remedy by way of appeal. This venture under the writ jurisdiction is not permissible. In view of our discussions made in the foregoing paragraphs vis-..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....res of land at CS Nos. 11 and 12, CS and SA Dag No. 2, 23 and 86 of Mouza - Purbo Narshinghapur, Police Station - Ashulia, formerly Savar, Dhaka. It is stated that petitioner Nos. 2 and 3 purchased a total of 2.99 acres land from petitioner No. 1. The said properties were purchased by the petitioner......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. ......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. ......………………………(16) Applicability of the Government Servants (Discipline and Appeal) Rules, 1985 A Statutory Body like the Board of Intermediate and Secondary Education, Comilla, in absence of any Service Rules of its own, may follow the Government Servants (Discipline and Appeal) ......nder the Respondent No.1. 4. Being aggrieved by the aforesaid impugned order dated 5.6.1996 passed by the Respondents the petitioner had no other efficaÂcious alternative remedy but to invoke the jurisdiction of Article 102 of the Constitution and obtain the present Rule. 5. Respondent Nos.1 ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ...... 13. Mr. A. J. Mohammad Ali, along with Mr. Md. Nurul Amin, learned Advocates, on the other hand, submit that, it is the case of plaintiffs that they acquired title from the origÂinal owner but in absence of any possession and mutation in their names the learned Judge was in error of law and fact......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....ubstantially 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 circumstantial, and not by an isolated scrutiny. Prosecution version ......omes absolutely necessary. In order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in view the fact that the statement has been made in the absence of the accused that had no opportunity of testing the veracity of the statement by cross-exa......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. 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. ......of Statutes that at the first instance the grammatical sense of the words is to be adhered to and the words of a Statue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency......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. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......€¦â€¦..(17) An order of acquittal passed under secÂtion 247 Cr. P.C. being appealable which lies to the High Court only, the Sessions Judge/Additional Metropolitan Sessions Judge had no jurisdiction to entertain the revision which is not maintainable. As the revisional proceeding being..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
...., allegÂing that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra BarÂman, son of late Rai Charan Barman at a total conÂsideration of Tk. 6000/-. It is further stated that the petitioner No.1 disclosed on 27.5...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......erials on Record When there is contradiction in between the docuÂmentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consideration of evidence and come to a decisio..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. ...... 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. ...... got the authority under section 3 of the Act to pass an order of preventive detention. 7. Before parting with the case, it may be statÂed that section 491 of the Code of Criminal Procedure gives jurisdiction to this Court in the nature of 'Habeas Corpus' to release a person illegally and imÂpr..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. ......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. ...... any misreading of evidence and non-consideration of some material evidence by the Courts below or without any error of law or factual aspect cannot be interfered with by this Court in the revisional jurisdiction. The learned Advocate contends that the Courts below upon assessing the evidence on rec..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......he behest of respondent No. 7, Settlement Officer allowing the appeals in part of respondent No. 2 in the record-of rights in the Mohanagar Survey must be held to be illegal, unauthorized and without jurisdiction.
24. He submitted that after the wholesale acquisition under section 3 of the State ..
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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....which was reimbursed by the Respondent by withdrawing Taka 90,000 on 25‑10Â-2001. But such a transaction was not mentioned in the respondent's return of election expenses. He also pointed out that total amount of the 4 bills exceeds Taka 90,000 and submitted that the evidence of D.W.3 cannot be b...... hence the swearing of the statement of return of election expenses cannot be said to be mere form. Moreover, it is a mandatory requirement of the law that the statement be sworn on affidavit. In the absence of the required affidavit, the expense return is no return in the eye of law……………â...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..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. ...... 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. ....... 5. The writ respondent No.1 filed an affidavit-in-opposition in the writ petition stating, inter alia, that the writ petitioner has no legal right to challenge the mere approval of lease in writ jurisdiction before finalization of the same and that the writ petitioner was a Chairman of Local Un..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....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. ......is lands lie outside the dwelling house. Mr. Islam further submits that although the tanks and their banks in which the plaintiff has interest and are adjacent to the undivided dwelling house, in the absence of any evidence to prove that the use of these tanks is beneficial to the members of the joi......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)
....rd shows that accused Daud was arrested on 1.12.2003. He was enlarged on bail on 27.1.2004. He was absent on the date of Judgment i.e., on 25.5.2008. He was again arrested on 31.5.2008. 23. On the totality of the facts and circumstances of the case and the reasons stated hereinbefore the criminal......and 448 of the Penal Code. The charge was read out to the accused to which they pleaded not guilty. Accused Daud, the accused-petitioner herein was absconding and charge was framed against him in his absence. It appears that in course of trial the prosecution cited 12-witnesses but only 5 were exami...... 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. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......shown or believed to be self inflicted) is the best witness in the sense that he is least likely to exculpate the real offender, the evidence of a victim of a sex-offence is entitled to great weight, absence of corroboration notwithstanding." 52. In Vishaka Vs. State of Rajasthan AIR 1997 SC 3011......of fairness was not followed during the enquiry. 16. Mr. Saidur Rahman, learned Advocate appearing on behalf of Respondent Nos.1-3 and 5, on the other hand, submits that this Court sitting in writ jurisdiction cannot see the propriety of a domestic enquiry and that this Court can see whether all ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....e that the present petitioner borrowed an amount of money from the House Building Finance Corporation, shortly, "HBFC" but, according to HBFC, he fell into arrear of payment leaving as of 31-8-1993 a total amount of Taka 15 lakh and odd overdue on the loan account. HBFC filed Miscellaneous Case No.3......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. ......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 property of the borrower mortgaged or otherwise disposed to the Corporation as..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. ......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. ......Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the jurisdiction of the Registration Act and the Transfer of Properties Act which is a civil jurisdictio..Category: Criminal Law | Date: | Hits: 102
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