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Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......ge while hearing a revision against the conviction of the accused persons directed further inquiry with direction to the Magistrate to summon and examine such witnesses as appeared necessary. In that view of the matter the principle enunciated in that case has no application in the present case. Und..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......t will meet the ends of justice. In the case of M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56, a Division Bench of this Division, to which I was a party, expressed somewhat similar view relying on section 151 CPC. In the light of the aforesaid decision I am also of the opinion tha..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......he Court is not empowered to make such decree On reference to the judgment made by the trial Court on 6.11.1980. I am unable to find that the suit on that date was fixed for ex parte hearing, In that view of the matter the trial Court committed a patent illegality in making the ex parte decree and f..Category: Procedural Law | Date: | Hits: 79
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......arliament provided for in that clause shall be elected according to law by the aforesaid members elected directly from the single territorial constituencies. It appears that under the Constitution in view of Article 148 of the Constitution a person declared by the Election Commission to have been el..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......2.91 against accused petitioner Anisul Islam Mahmood under section 7(b) of the Special Powers Act on the ground that in spite of notification (Annexure‑A) dated 23.1.91 in the Bangladesh Gazette in view of the order dated 11.12.90 passed against him by the Government under section 3(1)(a) of the S..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ecific allegation of recovery of any arms with the specific control and possession of any accused persons and the local seizure list witness also did not support the prosecution story. 17. In that view of the matter, we find that the prosecution could not produce any corroborative witness to prov..Category: Criminal Law | Date: | Hits: 68
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......n be based on the dying declaration alone if it is true and corroborated by the attending circumstances.” 27. In the decisions cited by the learned D.A.G. their lordships also expressed the same view that the cause of death of the victim narrated by him before death can be accepted as substanti..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......re the contention of RAJUK that in exercise of its power under section 40(h) it can change the layout plan converting the open spaces into residential or commercial plots has no merit particularly in view of the provisions of section 40(h). Therefore although section 40(h) provides power to RAJUK fo..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......or Respondent No.1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the High Court Division in Review Case No.04 of 2009.) Order Nazmun Ara Sultana J. - This Civil Petition for leave to appea..Category: Property Law | Date: | Hits: 85
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......e Arbitration Act. Rather accepting the appointment of the sole arbitrator this petitioner filed written statement and also participated in the arbitration proceeding raising some other points. In view of the above, we find merit in the submissions of the learned Advocate for the petitioner. The ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....gs and to hand over possession of the property to the respondent. 11. It has been revealed from the record of the proceedings that Writ Petition No.6928 of 2004 against instant petitioners was erroneous as it was based on a forged and fabricated decision dated 29.02.1996 of the 1st Court of S...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......edly been found to be heroine and so, according to the learned Advocate, the prosecution has failed to prove recovery of more than 25 grams of heroine from the possession of the appellant and in such view, the impugned conviction and sentence cannot stand in the eye of law." 5. Mr. Khandaker Ma..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......dvocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. M.I. Farooqui, Senior Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate ..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......osts, that as the earlier Division Bench of the High Court Division which maintained the impugned Notification did not consider some questions involved in the matter they are unable to agree with the views taken by them, that the PSC was compelled to, follow the direction of the Government which h..Category: Constitutional Law | Date: | Hits: 247
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......etition, is declared by a competent civil Court in his favour against the decree holder bank as well as the judgment debtor, he can not get any relief only by challenging the auction notice. 8. In view of the above we hold that the present writ petition is not maintainable. Accordingly the Rule i..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......harge on 29.10.92 from the again Chairman which means that on the strength of the impugned order she re‑entered into the post of hi h cannot be the purpose of maintaining status quo. 22. In this view of the matter, we are of the opinion that the impugned order so far it relates to “মিস..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......re is no evidence on record that the appellant committed the murder of Taslima Begum nor they have any complicity in the matter and appellant Babul and Badsha also have no complicity in the matter in view of the evidence of P.W.2 who said that in consequence of a quarrel the father of appellant shif..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......behalf of the petitioner till the last moment of the working of the day. Hence the case is dismissed for default." 4. Mr. Md. Fazlul Karim, the learned Advocate for the petitioner, submits that in view of sub‑section (5) of section 10 of Ordinance No.54 of 1985 the Court of Settlement ought to ..Category: Procedural Law | Date: | Hits: 59
....case of Md. Ayub, BCR 1987 AD 350 has no application in the instant case in view of the admitted fact that the petitioner Md. Mohsin Kabir was illegally inducted into the said house by the Government erroneously treating it and listing it as an abandoned property, that the present petitioner Md. Moh......passed on 19.9.1988 directing the respondent to deliver possession at once, and till now the defendant has not taken any step to implement the said order which it is required by law to do.
In this view of the matter, the Rule is made absolute without any order as to costs.
The respondent is di..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......s whether the stipulation in the said compromise decree in respect of 0.60 acres of land which was not the subject matter of that suit could be enforced by putting the decree into execution. Majority view of the High Courts of the Sub‑continent including the Calcutta High Court is that the part of..Category: Property Law | Date: | Hits: 88
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