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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. ......e bank and added that possibly the remaining amount may have been withdrawn after the election by his Chief Election Agent. He had to repay the remaining money owing to the various shops. In reply to questions regarding individual items of expenditure, he stated that his Chief Election Agent has don......tion under Article 49(2) of the Representation of the People Order, 1972 (President's Order No.155 of 1972) challenging the validity of the election in Electoral Constituency No.129 Pirojpur‑1. The facts of the case are as follows: 2. General Elections for the Jatio Sangshad were scheduled to b..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. ......005 against the action of the writ 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 me......il petition for leave to appeal is directed against the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.4764 of 2006 discharging the Rule. 2. The relevant facts of the case are as follows: 3. The petitioner Aminur Rashid Chowdhury filed Writ Petition..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. ...... learned Advocate for the appellant has further argued that the permanent, residence of the plaintiff is in Chittagong City and as such he cannot be considered as a co-sharer in the dwelling house in question. The learned Advocate submits that in this appeal two vital questions are required to be de......has preferred the present appeal before this court on the grounds inter alia that the learned trial court was 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 ..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. ......the injury complained of has not extended from the outer surface to the inner surface of the skull. He, therefore, contends that the appellant be acquitted of the charge or at any rate the offence in question does not fall under section 326 but may, at the most, come under section 324 of the Penal C......t for a further period of .2 months. 2. It may be mentioned that there was a delay of 63 days in filing this revisional application and the delay was condoned by this Court on 10.5.2009. 3. The facts necessary for the disposal of the present revision and as presented by the prosecution may be ..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 ......l which the tribunal may take into account when forming its opinion." 28. Therefore, it cannot be said that the action of the Syndicate and the report of the enquiry committee can not be called in question before any Court. In the case of University of Dacca Vs. Zakir Ahmed 16 DLR (SC) 722, the C......On 5.3.2009, Respondent Nos.6-10 filed an application to transpose them as the co-petitioners. The application was allowed and Respondent Nos.6-10 were transposed as co-petitioner Nos.6-10. 3. The facts leading to the issuance of the Rule, in brief, are: 4. Petitioners Nos.1 to 5 are actively ..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. ......l and literal meaning and no words should be imported into an enactment which is not there unless the literal meaning of the word used leads to an obvious absurdity…………………(13) When a question of law as important as one relatable to the question of jurisdiction is raised there is no ......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. ..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. ......uashed and the rule is to make absolute. 8. It is further submitted that the complaint falsely instituted the present case against the petitioner to harass and humiliate and making the petitioners questionable in the eye of the local people and society when the petitioners never ever had any occa......nding in the Court of Magistrate, 1st Class, Satkhira should not be set aside and quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Essential facts which are required for disposal of this rule are that the opposite party No.2 as complainant f..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. ......e learned Sessions Judge held the appellant to be guilty under section 304 Part II of the Penal Code and that finding of the Sessions Judge is based on convincing and cogent evidence. It is true that question of sentence is a matter of discretion of trial Court and when that discretion is properly e......n the particular circumstances of the case. The interference will be justified when Court fails to impose proper sentence which may result in miscarriage of justice. 25. In the instant case when facts have been established that appellant being infuriated at the protest of the victim, suddenly..Category: Criminal Law | Date: | Hits: 118
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. ......inal proceeding does not call for interference. 8. We have gone through the petition of complaint and other related documents annexed with the application and grounds taken therein. 9. The only question raised in the instant case is whether a complaint case previously instituted on the self sa......s of the above mentioned case was also stayed initially for a period of six months and thereafter it was extended for another term of further months of being expired on 13-11-2010. 3. The relevant facts for disposal of the Rule are that the opposite-party No.2 Md. Chan Mia filed a petition of com..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. ......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. ......ancelled by the defendant Nos. 1-3 after expiry of one months of stipulated period. In this connection Mr. Nandi has referred to a decision reported in 43 DLR 360 which is not in agreement with the facts and circumstances of the present case before me and it is in no way coming to any aid of Mr. N..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. ......ifiable from the evidence on record it is payable on demand. So plaintiff No.1 is entitled to the deferred dower of Tk. 1,000 in the present suit. Legitimacy of the son, plaintiff No.2: 40. The question of legitimacy is not directly mentioned in section 5 of the Family Courts Ordinance, 1985 a......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. ..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. ....... 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. ......ng to prejudice the right of the plaintiff by subsequent transfer to the petitioner through registered deed which cannot be sustained…………………..(11 & 12) The concurrent findings of facts cannot be interfered in the revisional Jurisdiction. In the instant case both the Courts concu..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.
......led to prove title in the suit land but the defendants equally failed to prove by any document the suit land vested in the government and the suit land was situated within the periphery of the Hat in question. It also confirmed the finding of the trial Court that the plaintiffs were in possession of......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.
..
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. ...... the representation, if any, for consideration. The High Court Division also considers the grounds while discharging its constitutional as well as statutory obligation for examination of the material question how the mind of the detaining authority worked in making orders of detention……………......s of detention………………………..(27) The principles of natural justice are not applicable in the case of preventive detention. The detaining authority is not required for disclosing the facts, which it considers to be against public interest to disclose…………………….(27) ..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. ...... relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribunal. 15. Now, the most pertinent question is whether such transfer amounts to denial of the protection given to the citizens under Ar...... section 6 of Druto Bichar Tribunal Ain (hereinafter referred to as the Ain) has been challenged, all these Rules were heard together and now be governed by this single judgment. 3. In these Rules facts are not very much relevant. The petitioners of these writ petitions are accused in some cases...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. ......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. ......g the case on remand to the Trial Court vide impugned Judgment. This Court is of the view that Trial Court will be more competent to do procedural modified in above regard. Having considered above facts and circumstances this Court does not see any merit in the Rule which must fail. 18. In the..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. ......or the state on the other hand submits that he has no objection if the factory rolls along with machineries are returned to the accused petitioner on furnishing proper bank guarantee. 12. Now only question that survives for consideration in this Rule whether the inherent power under section 561A ...... police station case No.4 dated 03.02.2007 under section 25 (Ga) of the Special Powers Act, now pending in the Court of learned Additional Sessions Judge and Special Tribunal Judge, Natore. 2. The facts of the case are that one SI Sabir Dutta lodged an FIR on 03.02.2007 with the Natore police sta..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 and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between the parties. It is absolutely the option of pre-emptor which documen......ication to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case No.19 of 1993 in the Co..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. ...... 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. ......dated 5‑6‑91 passed by the Subordinate Judge, Narayanganj in Money Execution Case No.10 of 1988 rejecting an application under Order XXI rule 58 of the Code of Civil Procedure. 2. The relevant facts, for the disposal of this Rule, are that the opposite party No.1 as plaintiff filed Money Suit..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... to why the proceeding of CR case No.1221 of 2001 under section 138 of the Negotiable Instruments Act now pending in the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that opposite party No.1 as complainant filed a pe..Category: Civil Law | Date: | Hits: 163
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