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Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com......police report, nor submission of the FRT creates any vested right in the accused…………………(19) In the case of an allegation of committing an offence that requires guilty mind, it is the natural person responsible for such act who is called upon to answer the charge and is liable to be ..Category: Criminal Law | Date: | Hits: 124
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th......t has no power to read into the statute words for conveying a different meaning. The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the legislature as the language so applied best declares the..Category: Alternative Dispute Resolution | Date: | Hits: 506
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......ted that the evidence on record was duly conÂsidered by the Courts below and it was concurrently held that the plaintiff and his parents used to live with the admitted owner Soleman Nessa. So it was natural in our social context that Soleman Nessa, as the grand mother, out of love and affection gif..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......€¦â€¦â€¦â€¦.Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it......t has no power to read into the statute words for conveying a different meaning. The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the Legislature as the language so applied best declares the..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....l public seizure list witnesses. In the facts and circumstances of the case we do not feel it safe to rely only upon the testimony of the police personnel without any corroboration by independent and disinterested witnesses. It is further to be noted that the informant himself investigated the case ......eported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... (2010) 138. ......hether the death is accidental, suicidal, homicidal or otherwise. The scope of inquest report is limited to the extent of ascertaining whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of death. An inquest report, thus, not confine on..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......riginal Jurisdiction)
Present:
AHM Shamsuddin Chowdhury J
Md. Delwar Hossain J
S.M. Ahsan Kabir……………Petitioner
Vs.
Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents
Judgment
June 10, 2010.
Result:
The Rule is disch......d repealed Ordinance, 2008 with the revival of the Act, 2009 shall be deemed to be under the revived Act, 1998.
11. With the repeal of the Ordinance, 2008 the Rules, 2008 framed thereunder met its natural death. So, the Election Case No.01 of 2009 filed by the respondent No.4 has to be disposed o..
Category: Election Law | Date: | Hits: 600
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....e learned advoÂcate for the appellants refers the decision in the case of Korban Ali and others Vs. The State reported in 11 BLT 267 and submits that the prosecution has withheld the independent and disinterested neighbouring witnesses and the benefit of such withholding of witnesses under section ......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law.......................(44) Minor discrepancies are not material since they occur due to individual differences. Where minor discrepancies, not going to the root of the matter, are found in the evidence of natural and probable witnesses, the discrepancies should not be overemphasized. Where the presence o..Category: Criminal Law | Date: | Hits: 92
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......e is also Reported in:55 DLR (2003) 171.
......additional job facility will be created. It is further stated in the affidavits filed by the respondent Nos. 1 and 8 that the government is not required to provide any fund, asset and or to share any natural resource with the respondent No. 8 and hence competitive bid is not relevant in this project..
Category: Others | Date: | Hits: 113
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......) 257.
....... In order to protect Taj Mahal from environmental pollution, the Supreme Court of India passed directions to 292 industries located and operating in Agra to change over within fixed time schedule to natural gas as industrial fuel or stop functioning with coal/coke and get relocated.
40. The judg..
Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a......lso held on the subject in the following ways: "It is true that in this case neither the post mortem report was produced nor doctor, who held post-mortem, was examined, but there are competent and natural witnesses, who proved the death of Bikash and who consistently stated that they saw marks of..Category: Criminal Law | Date: | Hits: 158
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......his Case is also Reported in: 55 DLR (HCD) (2003) 699. ......n at the trial. 33. Except P.W.1 informant Golam Mostafa no other inmates of the occurrence house could be examined as probable witnesses in the case by the prosecution. It was quite unusual and unnatural. Wife of the deceased was conveniently kept out of the picture. She was a vital and probable..Category: Criminal Law | Date: | Hits: 93
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......nal Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is disch......desh reported in 44 DLR (AD) 111 in paragraph 48 his Lordship Justice Habibur Rahman clearly observed:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, o..
Category: Administrative Law | Date: | Hits: 494
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. ......lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on ...... on the basis of the most cogent and reliable evidence and that his judgment does not suffer from any misreading and non-reading of evidence. He further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evide..Category: Criminal Law | Date: | Hits: 74
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with......ted in the plaintiff’s case and their evidence suffers from basic infirmities. We do not find any reason whatsoever to disbelieve the consistent and overwhelming evidence of the five D.Ws., who are natural, probable and competent witnesses, having no reason to depose falsely. The official entries ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....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. ......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce......o such answers though it does not mean that such answers could be made the sole basis of any finding. The provision engrafted in section 342 is intended to comply with the most salutary principles of natural justice enshrined in the maxim "audi altarem partem". …………………………….(72)..Category: Criminal Law | Date: | Hits: 98
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
...... also Reported in: 50 DLR (HCD) (1998) 567.
......ioners from the charges levelled against them and to publish their results but with no response. It is further stated that the impugned order has been made manifestly in violation of the principle of natural justice. The petitioners filed Writ Petition No.856 of 1991 challenging the impugned order a..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
...."Hence I am of the opinion that the prosecution has failed to prove the charges under sections 148, 302, 34, 109, 323, 34 of the BPC against the accused persons on dock by any competent, reliable and disinterested witnesses in this case beyond reasonable doubt. Hence I am of the opinion that the acc......998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ......the deed referred to in paragraph 3 of the petition shall be cancelled. In paragraph 4 of the petition "it is stated" "That they sold the land on account of inability to maintain themselves due to natural calamities; the sold land was less than 1 acre; and that they had no land more than 2 acres"..Category: Constitutional Law | Date: | Hits: 222
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