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Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......ta Bighnakari Aporadh Daman Tribunal, Chittagong, be released on bail till disposal of the case on submission of bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (......¦..Respondent Judgment March 25, 2003. Result: The appeal is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Golam Mohammad Chowdhury, Deputy AttorneyÂ-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur R......arges framed under section 19(a) and (f) of the Arms Act by this Tribunal for want of jurisdiction. 4. Considering the facts and the submission of the learned Advocate as well as the provisions of law it appears ex facie that the charges as framed by the Tribunal, particularly the charges framed ..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....ant person when the suit was filed and disposed of but both the Courts below has considered his deposition and thus committed an error law resulting in an error in the decision occasioning failure of justice. 15. He further submits that both the Courts below failed to appreciate and determine the......e of the plaintiffs were examined themselves P.W.1 being the Government official at his own iniÂtiative became interested and examined himself without any instruction of the Government authority and according to section 120 of the Evidence Act and under Order III, rule 1 and 2 of the Code of the Ci......udgment November 23, 2011. Result: The Rules are made absolute. When the defenÂdants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession………………………………(34) Cases Referred to- ......ard for of the sit-in full in favour of the plaintiff and against the plaintiff defendants; And (e) Granted any other or further relief or reliefs to which the plaintiff may be found entiÂtled in law and equity in the facts and circumÂstances of the case." 3. Short facts of the plaintiff s c..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
.... Procedure can be invoked at any stage of the proÂceeding even after conclusion of the trial, if it is necÂessary to prevent the abuse of the process of the Court or otherwise to secure the ends of justice………………(12) The Penal Code, 1860 (Act No. XLV of 1860); section 415 Ingredie......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. ......itial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initiation or......iminal offence, or the convicÂtion has been based on 'no evidence' or otherÂwise to secure ends of justice." 13. In order to dispose of this Rule, let us first consider the relevant provision of law as contained in section 415 of the Code of Criminal Procedure relation to 'cheating'. 14. Sec..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... 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. ......ng that of the Family Court and Assistant Judge in Title Suit No.1 of 1989 should not be set aside. 2. The short fact leading to this Rule is, that the opposite party was married to the petitioner according to Hindu Law. At the time of marriage the father of the opposite party gave Jautuk to the ...... Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 4......e case. It is submitted by Mr. Chowdhury that the provisions of Family Courts Ordinance is applicable only to the Muslims. Though in section 1(2) of the said Ordinance it has been mentioned that this law will extend to entire Bangladesh, according to Mr. Chowdhury Section 5 of the Ordinance has put ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....nswers though it does not mean that such answers could be made the sole basis of any finding. The provision engrafted in section 342 is intended to comply with the most salutary principles of natural justice enshrined in the maxim "audi altarem partem". …………………………….(72) Cas......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. ......peachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecution witness the approach must be w......n was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendiously called Dying Declarations. Such statements are admitted, upon consideration th..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....dustries (respondent No. 1) failed to implement the recommendations made by the Sick Industries Rehabilitation Cell in its report dated 25- 8-1992. Therefore, the petitioner served a notice demanding justice to respondent No. 1 but in spite of that the respondent No. 1 did not make any response. Hen......d Taka 5, 00,000 only on hypothecation basis in lieu of working capital, vide sanction letter dated 17-3-1987. Again, the petitioner applied for LC limit for import of raw material for production and accordingly, the Bank sanctioned LC Limit for Taka 10, 85,250 by letter dated 12-8-87 but the petiti......€¦â€¦â€¦â€¦Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can direct implementation of the recommendation made by the Sick Ind......osts. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a Court…â€..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ummons and the notices were served upon the defendants and as such, the trial Court as well as the Appellate Court have committed error of law which is an error in the decision occasioning failure of justice. 10. Mr. Faruq also placed annexure-A, the report of the process server regarding the ser......Ż/০৪/ŕ§ŕ§Ż and the report indicates the summons were served but allegedly served on defendant nos.1, showing defendant no.1 as ŕ¦ŕ¦ľŕ¦°ŕ¦Şŕ§Ťŕ¦°ŕ¦ľŕ¦Şŕ§Ťŕ¦¤ কর্মকর্তা Which according to the provision of order 5 rule 17 is not a service and then he has referred the order da......¦â€¦â€¦â€¦â€¦â€¦..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Cha......tioners were made parties in the partition suit. The summons were duly served upon the defendants but they did not contest the suit. The judgment and decree in question were passed in accordance with law but the petitioners filed the Miscellaneous case on some false allegations and as such, the Misc..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. ......he opposite party Nos.2 and 3. But the Government after having examined the matter refused to accord any sanction vide Memo dated 27‑12‑92 of the Prime Minister's Secretariat and this refusal was accordingly communicated to the learned Special Judge. The learned Senior Special Judge thereafter b......nt Act, 1958 (Act No. XL of 1958); section 6 (5) Section 6(5) of the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public.......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 Special Judge to take cognisance of the offence as per law. 2. The short fact leading to the issuance of the present Rule is that, the complainant‑pet..Category: Criminal Law | Date: | Hits: 130
....rom the charges levelled against them and to publish their results but with no response. It is further stated that the impugned order has been made manifestly in violation of the principle of natural justice. The petitioners filed Writ Petition No.856 of 1991 challenging the impugned order and after......e was no violation of any Rules or principles of nature justice and the petitioners were given the opportunity of explaining their cases and their replies were found unsatisfactory and the University according to law took the appropriate disciplinary action against them. It is stated in this connect......Md.) Abedullah and others……………………………..Petitioners
Vs.
Controller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of......ty and others…………………………….Respondents
Judgment
October 26, 1997.
Result:
The Rule is discharged.
Where scope of alternative remedy by way of appeal is available in law, without preferring appeal, the writ is not maintainable.
Cases Referred to-
Principal, Ch..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....or enmity with one or other party. As the learned Sessions Judge acquitted the accused on manifestly wrong grounds we are of the view that the order of acquittal is perverse and has caused failure of justice and, as such, liable to be set aside. 10. In the result, the Rule is made absolute. Impug......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. ......………………………….Opposite‑Parties Judgment June 9, 1998. Result: The Rule is made absolute. The Penal Code, 1860 (XLV of 1860), section 148 If both parties are found to have committed offence under section 148 of the Penal Code none of those is entitled to be acquit...... If both parties are found to have committed offence under section 148 of the Penal Code none of those is entitled to be acquitted on the ground that the other is the aggressor and in this respect law spares none………………………(9) Relationship of the witnesses with a party Relat..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. ...... the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his b......gment Qazi Shafiuddin J.- In this Rule the petitioner has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Blo..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. ......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 to judicial review under the high prerogative writ jurisdiction which the High Court Division exerci......1 before the respondent No.1. Respondent No.1 passed the impugned order. 3. It is contended that the Additional Deputy Commissioner (Revenue) illegally passed the order and it is also made without lawful authority. Secondly, respondent 1 failed to appreciate that in the deed the executant admitte..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ict Judge, Bogra. 11. Now, the point for determination is that whether the Courts below committed any illegality and material irregularity in passing the decisions which have occasioned failure of justice. 12. The learned Assistant Attorney-General for the petitioner State submits that impugne......ted 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 accordingly the compensation was paid to them. She however, contended that the plaintiffs may recove......se or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 207 = 50 DLR55. Lawyers Involved: Salma Rahman, A...... the plaintiff opposite parties. 9. Mrs. Salma Rahman, the learned Assistant Attorney-General on behalf of the petitioner's Government submits that both the Courts below have committed an error of law in decreeing the suit against the petitioner, that both the Courts below have committed an error..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
.... 13. Lastly, Mr. Khan submits that the learned Additional Sessions Judge failed to apply her mind to the facts of the case and evaluate the evidence on record, which caused a serious miscarriage of justice resulting in the conviction of an innocent person. 14. Mr. Bashir Ahmed, the learned Assi......oth of them struggled with each other and, at one stage, the dagger was thrown out of the window. P.W.1 then told the appellant that he did not have cash money, but he could give a cheque instead and accordingly, he brought out his cheque book and wrote a cheque for Taka 10,000 but he scribbled his ....... Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually com......onclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedure during which he pleadÂed his innocence and claimed to be tried in accorÂdance with law. 9. Upon conclusion of trial, the learned AddiÂtional Sessions Judge, In Charge, Mymensingh ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....out giving them any opportunity of being beard. Such cancellation of the appointments of theÂse petitioners has been made most arbitrarily and mala fide and in violation of the principles of natural justice. In support of his submissions Mr. Aminuddin relied on the decision in the case of Governmen......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. ......corrupt practice, there acquired no vestÂed right in the office on the basis of such appointments. Such order of appointments can be cancelled……………………………(24) Cases Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka V......ly Welfare dated 5-7-2010 the Civil Surgeon, SunamÂganj, issued ante-dated appointment letters. So, the disputed appointments given by the Civil Surgeon, Sunamganj, are liable to be declared without lawful authority. 9. The respondent No.1 entered appearances in this Writ petition but he did not..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.
......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.
......handpur 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 documents do not have any evidentiary value under the Evidence Act, 1......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 documents do not have any evidentiary value und..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......it land is settled since from the date of judgment of the said suit. Subsequently Abdul Karim and others sold out some portion of land to the defendant by several registered deed in the year 1988 and accordingly they mutated their name and paid the rent and taxes before the Government authority but ......ted thereafter on the basis of the law which is already dead, vide Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR (HCD) 136………………………………(14) Cases Referred to- Amanat Ullah and others Vs. Ali Mohammad Bhuiyan and others, 22 BLC (AD) 134; Additional Depu...... the property as vested property the Government should take over the possesÂsion or listed the same in the census list, but it started the V.P. case in the year 1988 which has no value in the eye of law and as such the same is illegal and void. . . Since the law on enemy property itself died with t..Category: Property Law | Date: | Hits: 96
.... Secretariat, Secretariat Building, Ramna, Dhaka & others………………………………Respondent
Judgment
July 9, 2008.
Result:
The rule is discharged.
Principle of natural justice
The principles of natural justice that no person be conÂdemned unheard 'Audi Alterem Pa......only paid Tk. 18 lac to the respondent No.5 but also invested huge amount of money in respect of materializing the transfer of the said shares and as such a valuable right has been accrued to him and accordingly he was entitled to a prior notice before the cancellation/rescission of the said 'No-obj......di Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative…………...... the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of responÂdent No.5 and others in Taj Jute Backing Company Limited should not be declared to have been made without lawful authority andis of no legal effect and/or to pass such other or further order or orders as to..
Category: Administrative Law | Date: | Hits: 299
....erly adverted to the evidence has reserved those findings and that judgment being not a proper judgment of reversal has committed error of law which is an error in the decision occasioning failure of justice. He further contended that issue No.6 and 7 were decided against the plaintiffs and that the......ni Mohan and after the death of Ramoni automatically, the title and the possession of the property had vested on the plaintiff, if no contrary title is established by producing any legal evidence and accordingly, the name of the plaintiff was recorded in the S.A. Khatian and paid the rents denying t......¦â€¦.Petitioner
Vs.
Biresh Ranjan Dhar and others…………………………….Opposite Parties
Judgment
November 12, 15, 2009.
Result:
The Rule is discharged.
Case Referred to-
Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All.
Lawyers Involved:
Fazlul ......51 B.S. were acted upon, but the Appellate Court without properly adverted to the evidence has reserved those findings and that judgment being not a proper judgment of reversal has committed error of law which is an error in the decision occasioning failure of justice. He further contended that issu..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....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. ......provides that every citizen of the country, subject to reasonable restriction imposed by law in the public interest, has a right to move freely in Bangladesh and to leave and re enter the country and according to him in the instant case the respondents' act of preventing the Petitioner from leaving ......o 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. ......late Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…â..Category: Constitutional Law | Date: | Hits: 147
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