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State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......7 of 1997 arising out of Satkhira P.S. Case No. 18 dated 19.6.1996 pending in the Court of seasons Judge, Satkhira giving rise to Sessions Case No. 57 of 1997 discharging the accused-respondents from the case and from their respective bail bonds. 2. One Md. Nasiruddin Sardar lodged......fessional statement not in connection with the occurrence itself but in connection with alleged collection of arms on a subsequent date. The confessional statement was not supported by any other independent materials. The witnesses were examined on two dates by the police under section 161 of t...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......tion has been listed in the 'Kha' list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the list of abandoned properties. 2. The writ petition was filed challenging legal......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property was infr......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......Faroque, the elder brother of Shibli Sadik, warned him not to file any case and thus the accused created terror and panic in the area. The informant himself saw the occurrence and hearing of the same from his nephew Shibli Sadik be filed the ejhar. 2. After filing the ejhar, Tangail Police stat......s but credibility should be tested in the touch stone of the broad probabilities of the case. In this case this witness is a most natural witness in whose presence the occurrence took place and other independent witnesses corroborated his evidence. 37. P.W.3 Jamila Khatoon is the eye‑witness ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... abscondence and non-submission to the process of the Court speaks volumes against the accused persons and clearly suggest their involvement in the crime. Abscondence of the accused persons furnishes corroboration of the prosecution case and evidence. The reference cited by the learned Advocate for ...... examined the learned State Defence Lawyer under section 342 CrPC and rerecorded his statement. The State Defence Lawyer pleaded that the accused was innocent. 7. The defence case, as it appears from the trend of cross-examination, is that the accused was not at home in the night of occurrence ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......ed was not paid to them and thereupon the appellants filed Other Class Suit No. 65 of 1995 seeking declaration of their title in respect of 3.20 acres of land which they purchased on January 11, 1979 from Altaf Ali Chowdhury, that the suit was decreed for 2.90 acres in their favour on May 12, 1996, ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......ountries including ICAO approved MRP. Therefore, the 2nd lowest bidder Francois Charles Oberthur, France has been given the work order and on negotiation the rate of printing of passports was reduced from US$ 1.53 to US$ 1.49 and the respondents discharged their routine official duties and hence di......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount to the sel...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ...... Division being order dated 30.4.2002 passed in Election Petition No. 6 of 2001. 2. The facts, in short, are that the appellant contested the election to the post of Member of Parliament from Dhaka-6 (Motijheel-Sabujbagh) Constituency in the election on 1st October 2001 and the responde......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... administration of justice and the public confidence has been fundamentally shaken thereby.
3. It has further been asserted that Justice Faisal Mahmud Faizee obtained the Bachelor of Arts degree from Chittagong University and studied Law at the Chittagong Law College under the Chittagong Univer......lled records of the court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceeding accord......which to defend itself. The legislature can act in defence of itself from the floor of the House. It enjoys privileges which are beyond the reach of law. The executive is all powerful and has ample resources and media at its command to explain its actions and if need be to counter-attack. Those..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......dant No.1 never made any proposal to the plaintiff to sell the suit land to him, there was no settlement of consideration money therefore and the defendant No.1 never received any consideration money from the plaintiff as alleged. The defendant No.1 never delivered possession of the suit land in fav......aintiff instituted the suit only with intent to grab the suit land on false and baseless allegations. He further submits that the plaintiff hopelessly failed to substantiate his claim by adducing any independent and most reliable witnesses since it is a case of oral contract inasmuch as the plaintif......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......f the country. It has been further stated that writ-respondent No. 7 along with his two brothers, are the owners of M/s. Gazi Enterprise and M/s. Gazi Salt Industries, who took loan of Tk.11 crores from Jhalakathi branch of Janata Bank and did not pay the loan, consequently the Bank filed Artha ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......in the land mentioned in the schedule to the complaint of the informant then the accused persons being armed with deadly weapons entered into the land of IRRI paddy and tried to snatch away the paddy from the complainant. The complainant and his relatives resisted such acts of the accuseds. Then at ......rs. He further submits that the ingredients of sections 148/326/114 and 323 of the Penal Code have not been proved against the accused-petitioners beyond reasonable doubt; that non-examination of the independent and material witnesses also casts serious doubt regarding the genuineness of the prosecu......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......n. 6. It may be mentioned after the institution of the suit the plaintiffs filed an application seeking injunction for restraining the defendant Nos. 52 and 53 and the other "defendants from making any construction or to change the nature and character of the land in suit and thereup....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......r alleged that the defendant obtained an ex
parte decree in Title Suit No.346 of 1977 on 6.5.1980 declaring that the
suit land is not vested property claiming the suit land as their purchased land
from Rathindra Nath Basak who was the adopted son of Debendra Nath Basak by
registered kabalas date......ummon was
sent to the section of the Deputy Commissioner, but it was not transmitted to
vested property section. This P.W.1 deposed on 1.2.1999 and was not supported
or corroborated by any other independent witness to prove that all the S.A. recorded
owners left for India in 1965 and did not r...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... trouble in which the Upazilla Nirbahi Officer, Mr. Babul Mazumder was assaulted by some miscreants. At that time the respondent was in his office doing his normal duties. When he heard hue and cry from the examination centre he rushed there, arranged medical treatment for Mr. Majumder and direc...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......ion stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the authority and that he made a formal prayer for allotment of the land as described in his a......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......uit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of Other Class Suit No. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act. &n......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... on account of Taka 3,00,000 in the lease deed but DWs 2 Abdul Motin in his deposition proved that the defendants paid Taka 3,00,000 to the plaintiff as possession value of the suit shops. It appears from‑the condition Nos.1 and 6 of the lease deed dated 13‑4‑1988 that after the death of the d......ade the rule absolute. The learned Counsel further submitted that having regard to the petitioner purchase of the possession of the premises on payment of salami and continuing with his tenancy right independently and the ex parte decree against him has been set aside by the trial Court and the same...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......hapilghat; on the way Md. Shah Alam Biswas was killed by FIR named 15 accused causing multiple injuries on different organs of his body with gunshot and ram dao, etc. On hearing hue and cry witnesses from surrounding area arrived at the place of occurrence, whereupon the accused persons fled away an......ot an attempt to interfere with the course of justice, malafide or for collateral purpose. 8. The word 'consent' as used in section 494 of CrPC means a consent freely given by a free and independent Court. Since the act of giving consent by the Court is a judicial act, the Court is enti......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
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