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.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......21, we find that this contention does not have any substance.
29. It is contended that notice under section 5(1) and (2) of the Ordinance 1970 is defective. The eviction drive is being carried out according to the directions of the judgment pronounced in Writ Petition No.3503 of 2009. Therefore, ......¦â€¦â€¦.Petitioners
Vs.
Government of Bangladesh and others……………………Respondents
Judgment
March 21, 2010.
Result:
All the applications are rejected.
Cases Referred to-
Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh, (2009) 17 BLT...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....inst each of the appellants under Section 19(f) of the Arms Act was maintained. Mr. Rouf further submits that the convict-petitioner could not prefer appeal in time and as such with a view to seeking justice he has approached this forum under Section 561A of the Code of Criminal Procedure and that i......-petitioner. It appears that the learned Judge of the Special Tribunal was quite just in finding the convict-petitioner along with seven others guilty under Section 19A and 19(f) of the Arms Act and, accordingly, in sentencing them there under and as such we find no reason to interfere with the impu...... The State and another……………………………Opposite parties Judgment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ord of Delowar Hossain is totally nil and he is a man of young age of only 28 years at the time of examinaÂtion under section 342 of the Code on 30-1-2006. So, we are of the opinion that the ends of justice would be met if his sentence of death is committed into the imprisonment for life. Thus the ......ice Station immediate after occurrence found the Officer-in-Charge of Moheshkhali Police Station who recorded the First Information Report (in short, the FIR) on the basis of his verbal narration and accordingly Moheshkhali Police Station Case No.11 dated 26-8-1996 correÂsponding to GR No.2612 of 1......ul Karim J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of ...... Helaluddin alias Pearu, Nur Alam alias Nurul Alam, Lalu and Shaflque were absconding their answer on the charge could not be recorded. The absconding accuseds were duly defended by the State defence lawyer. 3. At trial the prosecution examined 11 witÂnesses to substantiate the charge against th..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it...... on 10-1-1964. Since then, this defendant is in possession. This defendant having come to know of the aforesaid certificate case, purchased the suit land in the name of Muslim Bhuiyan, his brother-in-law. That auction has been confirmed. Thereafter, this defendant having in need of cash money, sold ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaÂining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be t......resaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period of 120 days plus 30 days and a total of 166 working days had already passed and accordingly ordered that the proÂceeding be stopped and the accused released under section 339C(4)C...... cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaÂining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and ......unds stated in the petition. The petition was taken up for consideration on 24.9.84. It appears that the A.P.P. subÂmitted that there was no bar in proceeding further in the case and cited some case laws with reference to section 249 Cr.P.C.. The Additional Sessions Judge, however, apparently disag..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......n of evidence on record specifically the evidence of P.Ws.3 to 5 learned Court below found both the accused namely, Daud Ali and Rabi Biswas guilty of the offence under sections 302/34 Penal Code and accordingly convicted and sentenced each of them to imprisonment for life with fine of Taka 5000 in ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment January 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251.......cording to P.Ws.3, 4 and 5, said full brother Amir whose nonÂproduction and non-examination cuts the connecting links. He submits that victim slept alone in his ghar as his wife was in the father-in-law's house as per first information report (Exhibit 1). She was also a vital witness to give light ..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......ioner No.1 in Writ Petition No.3439 of 2002 was appointed as PSI Agency for Block C and the petitioner No.1 in Writ Petition No.4380/2000 was appointed as such for Block B countries. The petitioners, according to the contract entered into on the said dates, undertook to carry out the works as PSI ag......Vs.
National Board of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj...... of 2002.
Judgment
Md. Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment.
2. The petitioners a..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....age in a proper case and the minimum that is required, to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1, Rule 10(2) C.P.C. or for the ends of justice."
11. In Waliullah Munshi Vs. Lodu Mia Patwary and others (1986) 38 DLR (AD) 308 it has b......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chan......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....pearing on behalf of the accused-appellant submits that he has no other ground to seek bail except the ground of long pre-trial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesitate to release him from custod......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......€¦â€¦â€¦Appellant Vs. The State……………………Respondent Judgment September 26, 2007. Result: The appeal is allowed. Responsibility of a Judge when Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police D......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....n cases mentioned in section 195.- (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1),......oner has raised question about the legality and propriety of the finding relating to the disputed Kabala and the death certificate of the executant of the Kabala in view of section 195(1)(c). Because according to the learned counsel for the petitioner these documents were not "produced" or "given in......resent: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs.......t section to the present scenario. 12. Against the background stated above, the question before us is whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. T..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the evidence adduced by the parties. He next submits that the Courts below passed the judgments on mistaken views of law and facts and thus resulted in an error in the decision occasioning failure of justice. He next submits that the Courts below have failed to frame any issue on the title and posse......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ........Opposite parties Judgment January 28, 2008. Result: The rule is discharged. Partition Suit In a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plai......ntested the suit by filing a joint written statement denying the material allegations made in the plaint and contending that the suit is not maintainable in its present form and the case is barred by law of limitation and the plaintiff has got no possession and the defendants were possessing the lan..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......putes are settled in the pending suit. That the suit was filed in the Civil Court seeking declaration over the ownership and possession, where the question of validity of the cheques is involved. So, according to the contention of the learned Advocate, unless the suit is disposed of after full adjud......t, 1881 (Act No. XXVI of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all......ing for stay order was not at all justified and entertain able. The object of section 344 of the Code of Criminal Procedure is not commensurate with the prayer for stay in the present case. Policy of law is that the criminal case should be disposed of with the least possible delay. Even mere pendenc..Category: Procedural Law | Date: | Hits: 128
....orted in 44 DLR (AD) 111 in paragraph 48 his Lordship Justice Habibur Rahman clearly observed:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any...... the impugned order of retirement of the petitioner a show cause notice was served upon him which manifestly expresses an unbridled and arbitrary exercise of power on the part of the authority which, according to him, has been done with ulterior motive. Mr. Chowdhury relied upon two decisions report......Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and......es to that effect have to be made before the Administrative Tribunal………….(9)
A person in the service of the Republic who intends to invoke fundamental right for challenging the vireos of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek re..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ht decision finding that the plaintiffs are entitled to get a decree. He also submits that the Court of appeal below misread and non-considered the evidence on record which resulted in miscarriage of justice. He submits that keeping aside two offices of Sub-Registrars at Bhederganj, within less than......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ...... 26, 2009. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is no...... the petitioners, submits that the Court of appeal below did not apply judicial mind and arrived at a wrong decision and the judgment and decree passed by it ate neither proper nor in accordance with law. He next submits that the trial Court upon proper consideration and discussion of the evidence o..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....ideration. Rival contentions surged forward from both sides shall be also addressed and considered by the court……………………….(25) Fundamental principles of criminal jurisprudence and justice delivery system is the innocence of the alleged accused and he should be presumed to be inno......formant met her distant relation (maternal cousin) Raihan Mollah at Zagira bus stand while he proposed to take her to Shariatpur to enjoy cinema show; that informant readily accepted his proposal and accordingly, she went to Shariatpur and enjoyed a film 'Kazar Maya' by name in the "Alochaya Cinema ......aisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged forward from both sides shall be also addre......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
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... the information supplied by the learned Deputy Attorney-General appearing in those writ cases, to the effect that the land acquired in LA Case No. 90/65-66 had been ordered to be derequisitioned and accordingly, the Rules were discharged as being in fructuous. He submits that the order of derequisi...... others …………………………..Respondents
Judgment
June 4, 2008.
Result:
The Rules are discharged.
Once compensations have been paid there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be ......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. ......in all the Writ Petitions, on filing affidavits-in-opposition, submits that Article 66(2) (g) of the Constitution states for disqualification of a person for election provided by or under any law and accordingly, Article 12(1) (c) of the PO 155 of 1972 has provided for disqualification of a person w......nts Judgment December 4, 2008. Result: All the Writ Petitions are discharged. Interpretation of statutes The Court, in all ways, must avoid in giving interpretation which would go to frustrate the legislative intent by adopting any liberal construction of the legislation. The pri......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
.... 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.
...... 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.
......
Judgment
November 24, 2009.
Result:
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a ......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. ......vides as follows: “There shall be one electoral roll for each constituency for the purposes of elections to Parliament, and no special electoral roll shall be prepared so as to classify electors according to religion, race, caste or sex.” 5. Pursuant to Article 122 of the Constitution, the......……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish o......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. ......e the design and supervised the progress of the work of the Project. The consultant's letter dated 20‑2‑91 shows that the plaintiff contractor continued to fail to perform the work of the project according to the schedule. 18. He stated that on scrutinising the 3rd running bills it was found ......sh Water Development Board................Appellant Vs. MR. Sikder.........................Respondent Judgment March 16, 17, 2003. Result: The Appeals are allowed. Cases Referred to- British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., 47 DLR 544; National Small Industr......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
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