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State Vs. Shahin and others, 2010, 39 CLC (HCD)
....by the condemned prisoners namely Lebu Miah, Masud, Swapan, Apple and Al-Amin has been broken. Moreso, it also creates an adverse presumption as to the veracity of the prosecution case in view of the provision of section 114(g) of the Evidence Act that had they been examined, they would not supporte......ence by condemned-prisoner Lebu Miah. He further submits that in the facts and circumstances of the present case the dying declaration is highly suspicious and doubtful and the trail Court erred in law in convicting the Lebu Miah relying upon the said dying declaration. Mr. Khan further submits th..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......e deposition of P.W.5 inconsistent with his earlier statement in his deposition appears to us not to have been correctly recorded. D.W.1 Almat Ali is defendant No.10 and D.W. 3 Sirajul Huq son‑in‑law of Kadam Ali is defendant No.6. He also attested the sale deed executed by Kadam Ali in favour o..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ntiff is taking a plea of fraud must specifically plead and prove the same. Although 'undue influence', 'fraud', 'misrepresentation' are cognate vices may, in part, overlap in some cases, they are in law distinct categories, and are in view of Order 6 Rule 4 read with Order 6 Rule 2 required to be s..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....ng Court to proceed with the execution case in accordance with law with a further direction that if any valid compromise is effected between the parties that can be accepted on being satisfied as per provisions of law, and that if no valid compromise is effected, the executing Court will publish fre......rder of the executing Court. The auction-purchaser, the present appellant contested the writ petitions by filing affidavits-in-opposition contending that the executing Court has committed no error of law in accepting his tender, that there was no compromise between the decree holder and the judgment..Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......nel, who are interested and not vital. There are discrepancies of evidence and the learned tribunal failed to consider it he contradiction and discrepancies among the witnesses and committed error of law in convicting and sentencing the appellant. The prosecution was not able to prove the case beyon..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....o interpret the word "স্বাধীন" or "independent" used in section 3(2) of the Act, to mean 'sovereignty' or "unaccountability" of the Commission and such absurdity would be clear from the provisions of section 31 of the ACC Act, 2004 that allows indemnity to the ACC and to its employees ......in the charge sheet against the accused petitioner is considered in its entirety and taken to be true the same does not disclose any offence against the petitioner under the aforesaid sections of the law. He next submits that, it has been specifically stated in the F.I.R. as well as in the charge sh..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......e case land filed the case in 1983 long after 5 years as such the case was barred by limitation. He finally submits that the judgments and orders passed by the Courts below resulted in an error of law occasioning failure of justice and as such those are liable to be set aside. 9. None appear..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......r or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been lai..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....nd the procedure to be followed by the Magistrate. Though there is no specific section in the Special Law for framing charge by the Special Judges while trying the cases within their jurisdiction the provision of sub‑section (3) of section 6 of the Prevention of Corruption Act, 1985 has prescribed...... Prevention of Corruption Act, 1947. 5. The matter relating to the framing of charge came up for hearing and the learned Special Judge on perusal of the record and hearing exhaustively the learned lawyers for the petitioners and other accused persons and also the State by his order dated 4.5.1992..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....esh poll by the impugned order, the legality of which is now being challenged before us. 4. Dr. Rafiqur Rahman, the learned advocate appearing for the petitioner, has taken us through the relevant provisions of the Local Government (Union Parishad) Ordinance, 1983 and the rules framed thereunder.......rning Officer to the Election Commission which may warrant a fresh poll in ward No.3. He further submits that in the absence of any such report the Election Commission has acted illegally and without lawful jurisdiction, in issuing the impugned order for fresh poll to be held in the said ward. 7...Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......er the petitioners moved this Court and the Rule was obtional. 8. Mr. Momtazuddin Ahmed, the learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
.... rape. He next submits that neither the victim nor the Doctor was examined by the prosecution. He then submits that the convict-petitioners were tried in absentia without complying with the mandatory provision of law as required under section 27(6) of the Special Powers Act. He empathically submits ......t submits that neither the victim nor the Doctor was examined by the prosecution. He then submits that the convict-petitioners were tried in absentia without complying with the mandatory provision of law as required under section 27(6) of the Special Powers Act. He empathically submits that the noti..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
..... 5. Being aggrieved the defendant-respondent moved the High Court Division in Civil Revision No.1490 of 2006 and the High Court Division on detailed discussions on the materials on record and the provisions of Order XLI Rule 31 of the Code of Civil Procedure set aside the decree passed by the ap......d hit by section 42 of the Specific Relief Act. The learned District Judge, Brahmanbaria while reversing the judgment of the trial Court did not write a single word about this specific finding of the law point by the trial Court which appears to be manifestly perverse. Moreover, when the plaintiff N..Category: Property Law | Date: | Hits: 94
....rplus employees of DESA the DPDC started appointing outsiders and faced with such situation the petitioners along others submitted separate representations for their absorption in accordance with the provisions of Dhaka Electric Supply Authority (Amendment) Ordinance, 2008 and there belts no favoura......learned Advocates of the respective parties made the Rule absolute directing the DPDC authority to consider and dispose of the pending representations of the petitioners as per provisions of relevant laws as expeditiously as possible preferably within 60 days from the date of receipt of the judgment..
Category: Employment/Service Law | Date: | Hits: 62
....r Cinema hall through her son Monsur Rahman. After leaving his claim of homestead in favour of Nagen Shil, Monsur Rahman used to live with his mother. At the relevant time he earned a lot. There is a provision of Cinema Law that to bring a cinema print through any body without going by himself, it c...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....house of the petitioner but in order to implicate the petitioner falsely the Mirpur Police Station Case No.34(3) of 2007 was lodged." The learned Judges of the High Court Division considered relevant provisions of the Arms Act noticed "In view the aforesaid provision, it appears that the defence cas......ed persons suggestion revealed the case of the petitioner that on the previous day a joint task force raided the house of the petitioner on 15.01.2007 and taken way all license of the arms and seized lawful ammunition from the house of the petitioner and later on 08.03.2007 no ammunitions were recov..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....ision was approved by the government. But in the instant case we find no nexus between the said decision of the Inspector General of Police of the impugned orders. Moreover, we hold the view that the provision of section 9(2) of the Public Servants (Retirement) Act, 1974 do not have application in t......is against fact and the orders of retirement have been passed mala fide and that the impugned order as passed by the Assistant Inspector General of Police is "ex-facie” illegal and void and without lawful authority" inasmuch as only the Government is competent to pass such order under Section 9(2)..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ot arise at all. 10. Mr. Tufailur Rahman, the learned Advocate finally submits that the petitioner was employed under a service contract with the plaintiff-mills and in that view of the matter the provision of article 36 of the Limitation Act will not be applicable in this Case. 11. We have he......e suit and filed written statement denying all the material allegations of the plaint stating, inter alia, that the suit is not maintainable in its present form and manner; that the suit is barred by law of limitation and the allegation for causing loss amounting to Tk. 1,56,569.38 is not only unspe..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....mmitted an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order inasmuch as the fact of abatement could not be overcome taking resort to the provision of Order 1 rule 10 of the Code of Civil Procedure. In support of his submission, the learn......nd 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan Mined and 2 daughters Sufia Khatun and Zaheda Khatun but the said heirs were not brought on record within the time prescribed under the law. 3. On 26th June, 1990 the petitioners filed an application praying for recording an order of..Category: Civil Law | Date: | Hits: 93
....s did not accept the view of Denning, J. in Robertson case. The House of Lords in Howell's case disagreed with the view of Lord Denning, J. holding that there could not be an estoppel against express provisions of the law nor could the State by its action waive its rights to exercise powers entruste......p; C/MEO/40‑3/Sha‑3/70, Annexure‑A, issued by Respondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a volumin..
Category: Property Law | Date: | Hits: 92
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