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Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... 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. ......………………………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 ..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. ......on Parishad and was not entitled to get lease of the Government property; that the Deputy Commissioner duly arranged inquiry of the land and complied with the required formalities of the provision of law in making the recommendation for approval of the lease and thereby committed no illegality. ..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. ...... 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 erred in law in decreeing the suit without taking into consideration the vital fact that all the joint proper..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. ...... 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 construed strictly……………………..(18) It is an establ..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 ......nder section 44 of the Jahangirnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inq..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. ......ny doubt that the provisions are made with intent to expedite realization of arrear loan from the borrowers in default. The provisions are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law ..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. ......tion of complaint before the Magistrate, 1st Class, Nalishi "Ka" Anchal, Adalat Satkhira under section 406/420 and 109 of the Penal Code on 19-1-2004 alleging, inter alia, that the complainant is a law abiding person. The accused persons are greedy and politically motivated. The complainant and ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......to be examined to prove any fact Under the provision of Evidence Act no particular number of witnesses are required to be examined to prove any fact. It is a sound and well-established rule of law that it is quality of evidence and not quantity that matters. In each case Court has to consider..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. ......he right of easement by prescription is acquired under section 26 of the Limitation Act and section 15 of the Easements Act which are counterparts of one another. According to the two provisions of law, for acquiring the right of easement by prescription one has to enjoy such easement openly, pe..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....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. ......isposal of the Rule are that the opposite-party No.2 Md. Chan Mia filed a petition of complaint on 29-1-2007 alleging that the accused No.1 Arshad, being a distant relative, introduced his brother-in-law (Behai) accused No.2 Abdul Khaleq, disclosing that accused No.2 had been serving in Bahrain for ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....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. ......e thus the learned appellate Judge failed in his duty and arrived at wrong finding and decision leading to error in the decision occasioning failure of justice. As such the same is not sustainable in law. 9. Mr. Saha next submits that the learned Appellate Judge erred in law in not taking into co..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. ......osed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plain..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......n 115(1) of the Code of Civil Procedure and obtained the Rule. 7. Mr. Nikhilesh Dutta, the learned Advocate appearing on behalf of the petitioners submitted that both the Courts committed error of law in not considering the evidence on record properly. The learned Advocate further submitted tha..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......ich was sitting for about 100 years. The suit land being within the periphery of a Hat cannot be retainable by any individual and the record of rights was correctly prepared. Their possession was not lawful, the government has got every right to evict them but denied having held out threat to evict ..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......ers in which the State itself is concerned, in aid of right and liberty. The writ is directed to the person in whose custody the detenu is detained and required the body of the detenu alleged to be unlawfully held in custody or restrained of his liberty to be brought before the Court that appropriat..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......trial remains the same………………..(19) The Constitution of Bangladesh provides for right to speedy trial of a person accused of an offence and it is the duty of the Parliament to enact the law to ensure such right and the Druto Bichar Tribunal Ain, 2002 was enacted with that end in view. ..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......f kabala dated 10.5.68 and accordingly learned Appellate Court set aside judgment of Trial Court by allowing the appeal and sent the suit on remand to the Trial Court for proper decision according to law. Learned Appellate Court rightly observed that Trial Court would be the competent forum for furt..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......he Code of Criminal Procedure and obtained the present Rule. 10. Mr. Illias Ahmed the learned Advocate for the accused petitioners submits that the learned Judge of the Tribunal committed error of law by rejecting the application for taking jimma of the seized goods and that the learned Judge did..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......on. Therefore the application for re-calling P.W.1 cannot be denoted as belated stage, so the Courts below after appreciating the materials on record by allowing the application committed no error of law………………………………(8) The Courts below having been rested upon consideration..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......ld not reject the application without assigning any reason. ……………..(3) This is not enough to say simply "heard and rejected". If that is done, that will be considered as serious error of law. Such an order of the learned Executing Court is not a Speaking one and the same cannot be maint..Category: Procedural Law | Date: | Hits: 128
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