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....2) of the said Ordinance of 1961 to act as Nikah Registrar with effect from 8-8-1972 for Dhaka Cantonment area (vide Annexure-’B’ to WP No. 3147 of 1998). In view of the above position of law and facts and circumstances of the case we find no merit in the contention of the learned Advocate raise......se is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261...
Category: Civil Law | Date: | Hits: 89
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....s, Sylhet in Misc. Case No.91 of 1989 arising out of NGR Case No.156 of 1967 should not be quashed. 2. Learned Advocate for the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected the prayer of the first party for delivery of po......ted in: 51 DLR (HCD) (1999) 259.......tarted on the application of the 1st party and the disputed land was attached and officer-in-charge of Kotwali PS was appointed receiver of the disputed land in that processing. After considering the evidence learned Magistrate kept the disputed property under attachment in the custody of the receiv..Category: Criminal Law | Date: | Hits: 65
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
.... pending Criminal Appeal, previously rejected by the Division Bench, could be filed before the Vacation Bench presided by the Single Judge, such petition entertained an ad interim bail granted in the facts and circumstance of the present case, as stated, above, specially when no ground was taken in ......drul Huq J State………………Petitioner Vs. MA Wahab, Advocate…………..Opposite Party Judgment April 22, 1998. Result: The Criminal Miscellaneous Case is disposed of and the opposite party is exonerated from the charges brought against him. Lawyers Involved: M......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257...Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
..... In the instant case, there is evidence of the accused himself bringing out the arms and ammunition from the place of occurrence by the side of his outer house where he had kept it concealed. As the facts of that case are distinguishable from the facts of the instant case though we agree with the p...... Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 ......a PS area there was no illegality in lodging the FIR in Palong PS and investigating and submitting charge sheet by an officer of the Palong PS. He further submitted that since on consideration of the evidence on record Special Tribunal found the accused guilty of the offence alleged against him ther..Category: Criminal Law | Date: | Hits: 73
....˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Golam Mostafa Miah (Md.) ……………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is ......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......sent: Md. Gholam Rabbani J Nurul Islam J State……………Appellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sen...... declared hostile and was cross-examined by the prosecution. 13. The mere fact that a witness is declared hostile and allowed to be cross-examined does not make him so unreliable as to exclude his evidence altogether from consideration. His evidence is to be considered for what it is worth. Looki..Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tendered unconditional apology it was incumbent upon the learned Sessions Judge to send the matter to this court to decide the matter in accordance with the provisions of the said Act. In view of the facts and circumstances of that case the observation quoted above has no universal application and i......9) 242.......made certain allegations against Mr. Abdus Salam that he had threatened them. 5. After such denial of the allegations it was incumbent on the learned District Judge to hold an enquiry by recording evidence of the parties to find out whether there is any prima facie case to send the matter to this..Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
.... major punishment for the following offences of the mis‑conduct: (i) corruption; (ii) involving himself in any assault case; (iii) theft; (iv) wilful misrepresentation or suppressing of facts leading to the loss of property or causing damage of the image of the Board or of the Govt; ...... (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Nurul Huq…………………………Petitioner Vs. Secretary, Rural ElectriÂfication Board and anr……………………………Respondents Judgment December 17, 1991. Result: ......itioner was not given an opportunity to examine the witnesses and the enquiry was not conducted as per Regulation No.32 of the Employees Service Regulation. He has further submitted that there was no evidence of negligence and no show cause notice was served on the petitioner prior to passing order ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar PramaÂnik, 1990, 19 CLC (HCD)
.... countered by saying that the condemned accused was last seen with the victim. The discrepancies in the evidence as cited by the learned lawyer for the condemned accused are mere discrepancies. These facts together with other circumstantial evidence as such abscondance of the accused established the...... 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others......he learned Advocate, volunteered to appear on behalf of the condemned accused as none appeared on his behalf and the court accepted his offer. He took us through the FIR and other materials including evidence on record and also the judgment of the learned Sessions Judge and submitted that upon a pro..Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....as an agreement for re‑conveyance between him and the purchaser and he filed Title Suit No.116 of 1966 on 15.6.67 for specific performance of contract and obtained an ex parte decree on 12.3.66. On facts the decision is distinguishable. In that case unlike the instant case there was an agreement f......s to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....pers it appears that Union Parishad concerned is only a primary authority to recommend for selection of site of Union Parishad Bhaban and Community Centre. It is not the final authority. So, from the facts and circumstances of the case, it appears that the plaintiffs have no prima facie case to obta......ost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...Category: Civil Law | Date: | Hits: 99
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....e has stated everything in detail. 8. We have considered the submissions of the learned Advocate for the petitioner. It appears, in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ jurisdiction, go ......n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Akhtar Hossain………………………Petitioner Vs. Government of Bangladesh and others………………………Respondents Judgment December 9, 1991. Result: The ...... in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ jurisdiction, go into and decide without taking evidence about the number of population in each of the said Union Parishads or any Mouzas. It also a..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....der dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2 of 1993 before the Artha Rin Adalat N......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......tar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involve......f the Penal Code and sentencing him to suffer rigorous imprisonment for life is liable to be set aside. He then submits that the learned Additional Sessions Judge though found that there was no clear evidence as to the involvement of the accused appellant in the commission of the alleged offence yet..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....ee passed in the First Appeal the plaintiff filed Civil Appeal No. 31 of 1981 before the Appellate Division and the same was allowed on 15‑1‑1982 with the direction as under; “In view of the facts and circumstances stated above, the appeal is allowed and the decisions of the courts below se......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......roperty to defendant No. 5 and the order of temporary injunction, although those are not at all material and relevant for deciding the merit of the suit in view of the pleading of the parties and the evidence adduced. Both the Courts below came to the finding that, in fact, the allotment given to th..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....ut also declared illegal and inhuman. 15. In this case, all the absurdities, preposterousness and illegalities are apparent on the face of the records which do not call for any explanation. In the facts and circumstances of the case as stated above and from our discussion as made in the foregoing......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
.... lands acquired and as such the allegation of non-specification of the land acquired is not true. 7. The High Court Division, on hearing the learned Advocates of both the sides and considering the facts and circumstances of the case, the relevant laws and also several decisions cited from both th......ahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Power Grid Company of Bangladesh Ltd…………………......Petitioner Vs. Rowshon Ara Begum and others…………………………….......Respondents Order June 22, 2011. Result: ......ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....order as well as the order of injunction directing respondent Nos.2-6 not to allow the importation of the similar goods manufactured by the writ-petitioner. Mr. Islam has lastly submitted that in the facts and circumstances of the case and in view of the own finding of the High Court Division that t...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J M/S. Rupanti Enterprise…………..............Petitioner (In both the cases) Vs. Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 23, 2011. Result:......nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....gation afresh in the light of such materials as may be legally brought in the record by the parties at the hearing of the suit and concluded that "the Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acc......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: ......issioners which would be apparent from the reports and the tender documents. Mr. Mahbubey Alam contended that the learned Joint District Judge on a thorough consideration of the reports with the oral evidence on record rightly came to a definite finding that these reports are apparently perfunctoÂr..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......€¦Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and others Vs. State, 29 DLR 122. Lawyers Involved: Md. Azizul Haque, Advocate ‑ For Appella...... and accusation under section 25B(2) of the Special Powers Act was framed against the appellants and to prove the accusation five witnesses were examined. The Special Tribunal on consideration of the evidence on record found the appellants guilty of the accusation under section 25B(2) of the Special..Category: Criminal Law | Date: | Hits: 60
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