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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.......officer for which the entire evidence of P.W.3 cannot be discarded. 15. On scrutinising the entire evidence, we find that for the eagerness to rope in all the accused tightly, victim’s sister-in-law Joly (P.W.4) victim’s step-son Sohag (P.W.2) and victim’s two brothers (P.Ws.5 and 7) posed ..Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
State Vs. Sree Ranjit Kumar PramaÂnik, 1990, 19 CLC (HCD)
....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......gainst 5 persons including the convict under sections 302/34 of the Penal Code. 4. The prosecution examined in all 15 witnesses including the Investigating Officer and the defence examined none. A lawyer for the defence was appointed by the trial Court and the case was heard. 5. Mr. Abu Sayeed..Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....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....... of benami. He contends that in view of the decree made in Title Suit No.153 of 1978 declaring the title of Lal Mahmood in the land under pre‑emption the lower appellate Court committed an error in law in allowing the pre‑emption case inasmuch as at the time of judgment and order passed by the l..Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......aining the defendant No.1 Uma Rani Roy from selling the suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by virtue of a will of her father‑in‑law and also by amicable partition with his son Kashab Chandra Roy; that by a registered kabala date..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....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.......r does not create any legal and vested right in favour of anybody, either the Union Parishad concerned or the relevant Deputy Commissioner. Moreover, such a circular of the Government has no force of law. Whether the circular of the Government has got the force of law has been elaborately considered..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....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. ......ial legislation setting upon a special Court the remedies will follows as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law. Mr. Md. Abul Hossain Khan relying on this proposition has contended that since the power of the..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. ......rned 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 on misconstruction of fact and law wrongly convicted the accused appellant on the sole basis of the confessional statements of two ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....any reference of any premium or lease money for the purpose of lease for any period within the meaning of sections 105 and 107 of the Transfer of Property Act. It is very interesting to state that by amending the plaint the plaintiff prayed that he was entitled to get allotment of the suit land for ......abandoned property and the plaintiff's existing structures were illegal. The letter dated 25‑8‑1975 cancelling the plaintiffs leasehold right over the suit land was illegal, mala fide and without lawful authority. The plaintiff raised the suit land and made construction therein by spending Taka ..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....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. ......rintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they are detaining the aforesaid detenu Md. Nazrul Islam ..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....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. ......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 the sides though found that there was agreement in b..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....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. ......d Counsel, appearing for the petitioner in both the leave petitions, has submitted that the High Court Division misconceived the proviÂsions of section 50 of the Customs Act, 1969 and thus, erred in law in making the Rules absolute and passing the order of injunction restraining any person(s), comÂ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ...... against each group of works and to pay to the plaintiff within 30 days from date. 5. Mr. Mahbubey Alam, learned counsel appearing for the appellant contended that the High Court Division erred in law in decreeing the suit relying upon exhibit-Jha series in failing to consider that the plaintiff ..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. ......the very outset submits that taking of cognizance by the Special Tribunal and framing of accusation and holding of trial before the Special Tribunal constituted under the Special Powers Act is bad in law as the Special Tribunal constituted under that Act cannot take cognizance on the basis of a pros..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......dant and plaintiff stand on the same footing the lower appellate Court ought to have accepted the written statement filed after remand of the suit. The contention raised needs examination of relevant law on this point. Order 9 rule 1(1) CPC is the relevant law. Sub‑rule (1) of rule 1 of the said O..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......08 of 1986 is directed against the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law havi..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......en me through the evidence of the witnesses examined on behalf of the prosecution and also the documents marked exhibits before the trial Court. The appeal was heard on question of fact as well as of law. 8. The learned Advocate appearing on behalf of the appellant at the very outset submits that..Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ontained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner, Kazi Shafiul Nasher..
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......a blow on the chest wall of the deceased as deposed by P.W.s 1, 2, 3, 4, 5 and 8 cannot be believed, but the High Court Division failed to consider this facÂtual aspect of the case and thus erred in law in maintaining the order of conviction and sentence passed against the petitioner. He further su..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......w by dao is attributed to accused Yusuf and no other injury is found on the victim and, thereÂfore, the conviction and sentence of the accused convicts other than Md. Yusuf Ali is not sustainable in law and, therefore, their appeal ought to have been allowed. 6. We have heard Mr. Munsurul Hoque ..Category: Criminal Law | Date: | Hits: 52
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