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Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
.... 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......ed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......inate Judge, 2nd Court, Shariatpur reversing those dated 23-11-1999 passed by the learned Assistant Judge, Bhederganj in Title Suit No. 10 of 1999 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners as plaintiffs..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....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......lt: The Appeal is allowed. Duties 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 ......minal Appeal at the instance of Md. Anwar Hossain under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred to as 'the Ain') is directed against the judgment and order dated 19-7-2001 passed by the learned Judge, Nari-o-Shishu Nirjatan (Daman) Tribunal (hereinaf..Category: Criminal Law | Date: | Hits: 74
....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......so Reported in: 61 DLR (HCD) (2009) 28.
......with the view to amending the petition. Essentially the gist of the amendments is that while LA Case No. 90/1965-66 was pending, LA Case No. 5/1972-73 was started for the purpose of acquiring land in order to establish the headquarters for the Rakkhi Bahini. By the two petitions for amendment, the p..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....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......s Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......ection. Giving the status and other facilities and privileges of a minister and of a state minister respectively to a Mayor of City Corporation does not make him a minister or a state minister in order to seek protection under the proviso to Article 147(3) of the Constitution, even though he is ..Category: Constitutional Law | Date: | Hits: 466
....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 ......n: 30 BLD (HCD) (2010) 341.
......ful authority.
4. In Writ Petition No.2386 of 2009 the Rule Nisi was issued under the following terms:
5. Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned order being Nothi No.BaM/TO/1/1 (19)/2008/07 dated 6.1.2009 issued by respondent No.2 under the sign..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....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......igh Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is ......and are therefore, unconstitutional and void and the respondents should not be directed to register the petitioner as a voter and include his name in the said Electoral Rolls or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, i..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....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......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with......27‑11‑93 by Mr. Justice Abdur Rahman Chowdhury Rule of the Court under section 14 of the Arbitration Act, 1940 while First Miscellaneous Appeal No.289 of 1999 is directed against the judgment and order dated 29‑7‑99 passed by the 3rd Court of Subordinate Judge, Dhaka in Miscellaneous Case No..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....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 ......man J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Jana Nirapatta (Bishesh Bidhan) Ain, 2000 and that in the instant case charges have been framed by the Tribunal under section 10 of the Jana N......vocate-For the Appellant. Golam Mohammad Chowdhury, Deputy AttorneyÂ-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant ..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....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......t once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......defendant Nos.5 and 6 the plaintiffs instituted the suit to stop the development work. The said land is the Government khas land under the said canal and the construction work was completed vide work order dated 21-3-1994 and defendant Nos.1-4 prayed that the suit of the plaintiffs should be dismiss..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....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......Procedure, one of the following condiÂtions must be fulfilled: (1) Interference even at an initial 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 ......e Station Case No.21 dated 24-5-2004 under sections 406/420 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of this R..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....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 ...... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di......ench in 47 DLR 18 decided that Family Courts Ordinance is applicable to all the communities living in this country and, as such, this Special Bench was constituted by the learned Chief Justice by his order dated 6-7-1996 and when this Bench took up the matter it felt the necessity of assistance on t..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....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......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce......minul Huq (P.W.12). 25. P.W.12 Md. Aminul Huq was Additional Superintendent of Police, Sadar Circle, Dinajpur during the incident period. He took over the charge of conducting investigation on the order of Superintendent of Police, Dinajpur. He recorded statements of witnesses and on completion o..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....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€......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i......€¦â€¦â€¦â€¦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..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....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......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......cate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment and order dated 62.2005 passed in Miscellaneous Appeal No.44 of 2004 passed by the learned Additional Di..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
.....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......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re......nal Revision No.134 of 1993 Judgment Md. Joynul Abedin J.- This Rule was issued a the instance of the complainant petitioner calling upon the Deputy Commissioner, Bagerhat to show cause why the order Nos.9 and 10 dated 5‑1‑93 passed by the learned Senior Special Judge, Bagerhat in Special&..Category: Criminal Law | Date: | Hits: 130
....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...... also Reported in: 50 DLR (HCD) (1998) 567.
......an, Advocates ‑ For the Respondents.
Writ Petition No.1578 of 1994.
Judgment
Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 31‑12‑90 issued under the signature of the respondent No.1 and impugned proceeding p..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... 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......998) 564. ......ue J.- This Rule was issued at the instance of the informant‑petitioner Bachu Miah calling upon the acquitted accused‑opposite party Nos. 1‑14 and the State to show cause as to why judgment and order dated 10‑9‑86 passed by the learned Sessions Judge, Brahmanbaria in Session Case No.83 of ..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....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......Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The R......te ‑ For the Petitioner. Not Represented ‑ For the Respondents. Writ Petition No.1901 of 1997. Judgment 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 w..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
....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......espondents Judgment August 4, 1998. Result: The application is rejected. 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 ......dvocate ‑ For the Petitioner. Writ Petition No.2261 of 1998. Judgment AM Mahmudur Rahman J.- This application under Article 102(2)(a)(ii) of our Constitution calls in question judgment and order dated 10‑6‑1997 passed by Additional Deputy Commissioner (Revenue) Pirojpur in Rin shalish..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
.... 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......h Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. R......dence. I find no illegality in the impugned Judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HC..Category: Procedural Law | Date: | Hits: 111
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