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....d. In support, he cited Osimuddin Vs. Bangladesh, 1 BLC 375 and Additional Deputy Commissioner (Revenue) Vs.AKM Latiful Karim, 1 BLC 567
28. Mr. TH Khan, learned Senior Advocate, read the relevant provisions of the Tenancy Rules, 1955 and submitted that the Settlement Officer rightly exercised hi......n, upon an application respondent No. 2, the Settlement Officer under Rule 42 of said Rules set aside the appellate order and asked the Appeal Officer to hear and dispose of the appeals afresh as per law and rules. Accordingly, the appeal were heard and allowed.
20. The present Rule was obtained ..
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. ...... Nos.1211 of 2000 and 1296 of 2000 are dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any preâ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....re to notify subsequently received funds; and neither has complied with the mandatory requirement of law to swear the affidavit in Form XVIIE and XVIIF, at the end of the election expense return. The provisions of Article 63(1) being couched in the alternative, satisfaction of any one of clauses (a)......………………………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)
.... respondents for leasing out of the same to the writ respondent No.8; that the writ petitioner also filed an application to the committee for leasing out the land in question in his favour as per the provision of the Labon Mohal Policy; that on 27.12.2005 the 2nd meetÂing of the Committee was held,......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 commitÂted 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)
.... cast a serious doubt when allegedly the occurence took place in the middle of the night when there was no light and hence it is absurd for them to recognize the accused. He further contends that the provisions of section 342 of the Code of Criminal Procedure were not properly complied with. Lastly ...... 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)
.... Mr. Sanowar Hossain from the allegations and charge brought against him at a meeting held on 23.9.2008. The Syndicate adopted all the steps for enquiry as noted above in accordance with the relevant provisions of law under Jahangirnagar University Act, 1973. On 21.10.2008, some unruly students of t......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)
.... jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan. A bare reading of Article 27 of the Order does not leave any doubt that the provisions are made with intent to expedite realization of arrear loan from the borrowers in default......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 comÂplaint 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 comÂplainant and ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....eÂrial details of the case for prosecution so as to carry conviction of truth to a prudent mind……………………20 Number of witnesses require to be examined to prove any fact Under the provision of EviÂdence Act no particular number of witnesses are reÂquired to be examined to prove......to be examined to prove any fact Under the provision of EviÂdence Act no particular number of witnesses are reÂquired 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)
....……(9) The right of easement by prescription is acquired under section 26 of the LimiÂtation 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 easeÂm......he right of easement by prescription is acquired under section 26 of the LimiÂtation 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 easeÂment openly, pe..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....403 of the Code from entertaining a second complaint on the self same allegaÂtion. So long as the order of acquittal, passed under section 247 of the Code of Criminal Procedure remains in force, the provision of section 403 CrPC shall stand on the way of entertaining a second complaint on the self ......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)
.... concluded agreeÂment and the same is binding upon both the parties until and unless it is cancelled…………………(14) While delivering judgments, the judge should properly adhering to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very short cut j......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)
....8. The above statements of D.W.1 and P.W.3 clearly prove that the notice of talaq claimed to have been sent by defendant No.1 was not in accordance with section 7(1) of the said Ordinance, 1961. This provision requires that the notice of talaq must he sent to the Union Parishad Chairman and also to ......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)
....nsfer to the petitioner through registered deed dated 10-6-1969 which cannot be sustained. In the case of Abdus Samad Khan Vs. Wajed Ali Fakir reported in 44 DLR 495 it has been observed "there is no provision of law that title on the basis of the subsequent sale deeds will take effect from the date......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 conÂsidering 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)
.... of reasonable grounds, which is a quasi‑judicial function. The inference whether the authority acting under a statute where it is silent has the duty to act judicially will depend upon the express provisions of the statute read along with the nature of the rights affected, the manner of the dispo......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)
....d in view. An accused tried by the Tribunal and an accused tried by the other Courts as mentioned in the Ain are being tried under the same procedure and the enactment was made in consonance with the provisions of the Constitution itself. The new Ain is enacted as an step towards the popular saying ......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)
....ision to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." From the said provision, it has become manifestly clear that the inherent power of the High Court Division mention......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
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