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Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......d of Raihan for which she set sail for the police station with them but they took her in a kachcha house and wanted to rape her and as she raised hue and cry, those persons got frightened and set her free and thereafter took her to the house of one Abdul Mannan who could easily understand their moti......nalysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged forward from both sides shall be also addressed and considered by the court……………………….(25) ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......gal formalities were observed and all the individual owners were paid compensation for the said land and structures in accordance with law and the land of the project finally vested in the government free from all encumbrances. It is further stated that initially 910 acres of land was sought to be a......n the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD...... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ..

Category: Property Law | Date: | Hits: 121

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....dead, is essentially an exercise of human Judgment to evaluate the evidence so as to find out what is true and what is false therein. In this effort, the case has to be considered in all its physical environments and circumstances to find out how far the evidence or its different parts fit in with c......oubts or lingering suspicion and thereby destroy social defence. A reasonable doubt is not an imaginary doubt, trivial or merely possible doubt but a fair doubt based upon reason and common sense and free from an over emotional response. …………………….(36) On homicidal deaths Chapte......ing of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinize the evidence more carefully keeping in view the deficiency, draw back, infirmity, discrepancy coming out from the mouths of prosecution witnesses and to separate truth from falsehood and grain from chaff. ......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. ..

Category: Criminal Law | Date: | Hits: 98

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. ......g him from leaving the country. It is further stated that the Petitioner is a definite suspect as a war criminal and may be committed to trial any time for committing heinous crimes during the war of freedom of Bangladesh. It is apprehended by the Government that when he trial of the war criminals i......broad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or re-entering the country. Furthermore, under the provisions of Bangladesh Passport Or......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. ..

Category: Constitutional Law | Date: | Hits: 147

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......get acquittal. 22. In the result the appeal is allowed and convict-appellant Mirza alias Mizan, son of Shahabuddin of Jhowbari, Police Station-Keraniganj, District-Dhaka, is acquittedand he be set free at once if he is not wanted in connection with any other case. The impugned judgment and order ......95/397/412 of the Penal Code, was staying behind Chunkutia Girls High School. Getting this message the informant along with his officer and force caught accused Mirza alias Mizan at about 20.00 hours from the road behind the alleged high school. The informant sent a message to the Officer-in-Charge ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......and, as such, there is nothing to interfere with acquisition proceeding. He further submits that meanwhile. Gazette notification had been published and, as such, the property vested in the Government free from all encumbrances. He then submits that the video recording of land proposed to be acquired......tion No. 1448 of 2008, in brief, are: Because of increase of population and vehicles in Dhaka City Corporation (in short, DCC), the Government imposed restrictions on plying trucks within the city from morning to 8-00 /9-00 PM As a result, the members of English Road Iron and Steel Merchants Asso......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ever let alone the Mutawalli…………….(20) Muslim Personal Law  Mutawalli is subject to restriction to make a permanent disposal of the wakf property Muslim law literature is not free from the controversy as to what is and what not a valid waqf is. But there is hardly, if ever, ......ussalman Wakf Validating Act, 1913 (Act No.VI of 1913); section 3 Private wakf is valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of the settlor's descend­ants i.e., wakf-al-al aulad may now be mad......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ucation Institutions under the management of Al-Markazul Islami. 3. By the Notification being SRO No.266 dated 22.08.05 issued under section 19 of the Customs Act, 1969 allowing a MP to Import tax free Motor Car/Jeep on certain conditions as provided therein. The petitioner Imported a LEXUS-LX470......S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-2006. He was a Vice-Chairman of Khelafat Maj......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......mmission's inherent power under the provision of ‘superintendence, control and direction’ should be construed to mean the power to supplement the statutory rules with the sole purpose of ensuring free and fair elections. This power is to be exercised with utmost restraint, for frequent use of it......Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 an......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......the Dying statement is not such that a conviction can be carried on its strength. It will be hazardous to award conviction upon convict-appellants putting reliance upon dying declaration which is not free from doubt. 70. Looking at all facets and circumstances of the case indicated above the conc......including political rivals, are booked for standing on dock. Some are acquitted by Court of first instance and some by the appellate Court. It becomes difficult on the part of the Court to sift grain from the chaff. Under such circumstances and in view of prevalent Criminal Jurisprudential System, t......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

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. ...... the other hand, the defence suggested that some of the members of the Awami League and Juba League etc. in that constituency were arrested by the law enforcing agencies because they were a threat to free and fair election. The Petitioner admitted that he did not make any written complaint regarding......ithdrawal of candidature on 6‑09-­2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 candidates one independent and 6 nominated from political parties, including Sudhangshu Shekhor Halder, the nominee from the Awami League with ...... 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. ..

Category: Election Law | Date: | Hits: 300

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... establishments and some of them are also engaging themselves in business as well as politics. Old order is now yielding place to the new. In the wake of this new found liberty females are now mixing freely with the mates in the educational institutions, work places and other places unhindered by th......ter D.W.1 Bishakha Mondal to the bank of the tank of his house when accused Md. Shafiqul Islam and others forcibly kidnapped her with the object of raping her against her will. On hearing hue and cry from his wife Adari Bala witnesses came there and he also came from the nearby fish gher. Thereafter......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..

Category: Criminal Law | Date: | Hits: 89

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......stomer to adhere to the rules and practices prevailing with regard thereto. And especially as a collecting bank it should take into consideration the state of the account to make sure that it is free from doubt. In any case the collecting banker cannot shut his eyes to the transactions touching....... Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur branch collected two cheques from the plaintiff's Kawran Bazar branch which was found to be forged; the defendant being found neg......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......chine, pump etc. were the property of Jamuna Oil Co. which used to be run by late Imam Sharif as a dealer, a peculiar circumstance that might have offered grounds for such appointment to run the pump free from chaos. Furthermore, no principle is decided in this case as the Appellate Division dismiss......irectly affected by the order. For our purpose, therefore, it would suffice if we confine ourselves in the case of the parties relating to the properties described in Kha schedule only. As it appears from the plaint and the application under Order XL, rule 1 of the Code annexed as annexures A & ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......h as well as the voluntariness of the confession made by the two condemned prisoners. The learned Magistrate found that the con­fessing accused Nazma Sarker @ Beauty and Rokeya Begum gave a full and free account of the occurrence in order to satisfy that they were really involved in the commission ......s also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided for the absconding accused Kamal and Ahidul. 7. The defence case, as it transpires from the trend of cross-examination of the prosecution witnesses, is that all the accused persons ar......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ner No.2, Bangladesh Occupational Safety, Health and Environment Foundation (OSHE) is a specialized labour organization work­ing specifically on issues relating to workplace safe­ty, health and the environment. It also serves as a national collaborating center of the International Occupational Saf......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ...... the reports as contained in Annexure-A shows that during the period between January and December 2007 there were 50 reports of death of construction workers. The causes of these deaths include falls from heights, contact with electric cables, collapse of trenches and walls, falls of bricks and coll......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..

Category: Labour and Industrial Law | Date: | Hits: 163

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......scists whose atrocities have shamed all mankind in the not too distant past. In consonance with the secret policy, "settlers" from the plains were induct­ed into the Tracts by providing them with free land, money, cattle, food ration and other incentives. Besides this nefarious policy of disposs...... directs." 8. The Indian Independence Act 1947, ("the 1947 Act"), enacted by the British Parliament on 18 July 1947 and creating the two independent dominions namely India and Pakistan with effect from 15 August 1947, by Section 2 specified the territories of the two dominions. Accordingly, by op......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..

Category: Constitutional Law | Date: | Hits: 314

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......ore the Magistrate out of fear. We have also gone through the retraction petition of co‑accused Sajid in which he stated categorically that he was given allurement to the effect that he will be set free if he mentions the name of the appellant in the confession and that is why he made the confessi......zur Rahman Talukder, Inspector of Customs was on duty in transit lounge area, Zia International Airport on 10‑9‑91 at about 1‑30 hours and at that time Bangladesh Biman flight No.BG 081 arrived from Singapore and landed at the Airport. Passengers came down from the aircraft and when entering i......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......evable and we have serious doubt in our mind about his involvement in the dacoity and murder and he being the son of a Professor of a local college might have influenced the police to let him go scot free after fabricating a false story. Be that as it may, we find there is no satisfactory evidence t...... hospital with Taka 1,90,500.45 against the bills and when they were about to enter the office room miscreants standing along with other persons in the verandah of the hospital building, fired a shot from a weapon like revolver which hit the back of Saferuddin causing bleeding injury who fell down o......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..

Category: Criminal Law | Date: | Hits: 131

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ......ill of Lading No.A1657 dated 14-11-1997 issued by the defendant No.1. The feeder vessel reached Chittagong Port on 7-1-1997 when the notice of readiness was issued upon the plaintiff, allowing 5 Days free time to take delivery of the goods. But the plaintiff did not take delivery of the goods within...... Yard No.2 during the time of delivery of cargo of the plaintiff. The plaintiff appointed surveyor who conducted the survey of the cargo at the time of delivery of the container but no representative from the defendant Nos.1-3 were present. The seal of the Container was opened in presence of the C&a...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693