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Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......e detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at first has argued th..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....neral principle that one enactment which is repealed is to be treated as if it had never existed is subject to any saving which may be made expressly or by implication by the repealing enactment. The provisions of clauses (c) and (e) of section 6 of the General Clauses Act are clear enough to show t......they would make communication through letter subsequently and threatened them of dire consequences and ordered not to disclose the incident to anybody. On getting this news Shafiuddin, the brother-in-law of victim Md Atiar Rahman, being informant, lodged the first information report with Alamdanga P..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....eration of law. 16. The appellant was alleged to have been inducted in the building pursuant to the sale deed dated 18-4-1974 although the said property became abandoned property pursuant to the provision of PO No.16 of 1972 on and from 28th February, 1972 and vested in the Government as unde......g the assessment roll for the year 1967-68 and other documents and found erroneously the document of 1963 to be forged and created fraudulently and thus, the High Court Division committed an error of law in discharging the Rule." 4. Mr. MI Farooqui, learned Counsel, appearing for the appellant su..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......abala dated 26th of Jaistha in 1333 BS. The kabala was not however, registered by the plaintiff and his brothers are in possession of their purchased land Plaintiff's father was a domesticated son-in-law living in the house of Shahidul Khan. Badarnessa wife of Afsaruddin purchased some land from Asg..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ty of the petitioner. 6. The learned Counsel appearing for the petitioner strenuously advanced his argument that the learned trial Court has concluded the trial without compliance of the mandatory provisions of sections 87/88 and section 339B of the Code of Criminal Procedure and, as such, the im......his petition are, that one Mosammat Salina, the victim lodged an first information report with Cantonment PS alleging that on 28-6-1996 at about 11-00 AM while she was going to the house of father-in-law of her elder sister, introduced with a boy on road who said to her that she looks like his siste..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... of summons and notice by adducing evidences to the effect that the summons and notices were properly served but both the courts failed in taking into consideration of such facts having regard to the provision of Order V rule 17 CPC and committed error of law in accepting the service of summons and ......en objection denying the material allegations made in the miscellaneous case stating, inter alia, that the summons and copies of the plaint were served on each and every defendants in accordance with law including the defendant No. 1 and in spite of being served with the summons the defendants No. 1..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....rference in the exercise of this Court’s discretionary Civil Revisional Jurisdiction under section 115 of the Code of Civil Procedure. 3. For the purpose of answering to the said questions posed provisions contained in rule 9 of Order 26 of the Code of Civil Procedure may profitably be noticed ......e suit and dispensation of justice to litigant public has been manifested. 30. A reading of provision embodied in section 115 of the Code of Civil Procedure makes is manifestly clear that error of law resulting in an error in the decision is not the ground for interference in the exercise of this..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......eased husband of the defendant No.2 who had a limited life interest, the exhibits 5,7,8 and 9 series being basic documents of alleged title of the plaintiffs having not been proved in accordance with law, the contesting defendant having taken a plea in the written statement to the effect that he is ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....er enquiry in the matter as it thinks fit and proper and thereafter may either declare that the summons has been duly served or order such other service as it deems fit and proper. 6. Both these provisions under rule 17 and rule 19 be read together and when read together it would be seen that u......e petitioner had no reason to refuse the summons. He further submitted that the court below committed an error by holding that the summons was duly served merely on the service return which under the law ought to have been verified by an affidavit of the serving Officer under rule 19 of Order 5 of t..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
.... Court and not of the Magistrate concerned. He also relied on another decision reported in 37 DLR 252 (Ramjoy Mondal and ors.-versus-The State) where it has been observed that law does not make any provision for deducting or excluding the time consumed by adjournments made at the instance of eithe...... 2. The facts leading to this Rule is that the opposite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Police station alleging that at about 7.30 A.M. of that date the accused persons forming an unlawful assembly and being armed with Cheni, Knife, Kiriz etc. attacked the son of the informant and ..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139......., the learned Advocate appearing on behalf of the accused-petitioners, submitted that the order of the learned Sessions Judge is illegal and passed in violation of the statutory provisions of law at the time when the statuary period of 240 days and more extra 30 days, in total 270 working ..Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......cal people including he petitioner to transfer Mr. Salam as also to secure his retention of posting there and further to vilify the petitioner. So the said resolution being not in conformity with law and also being beyond the jurisdiction and function of the Upazila Parishad was liable to th..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....n other words, reinstatement does not follow as a matter of course. It is in appropriate cases that the court may pass an order for reinstatement. 6. There, however, being no guide line in the provision as to what facts would constitute an appropriate case no hard and fast rule can be laid ......2 who suspended the petitioner conducted the enquiry. The case was opposed by respondent No.2 and 3 asserting that the order of dismissal was passed after following the procedures prescribed by the law and that the same was not a mala fide one. The Labour Court, on due consideration of the evidenc..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ntion that if a statement made in cross-examination contradicts the statement made in the chief the entire evidence of the witness should be left out of consideration. This broad proposition of law for taking such view has no sanction of law. Even if any part of the evidence of a witness is be..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....ve Rules Nisi were obtained at various times by these seven Petitioners under Article 102 of the Constitution of the People's Republic of Bangladesh challenging either the second show cause notices provisionally removing them from the service of the Trading Corporation of Bangladesh or the order......the second show cause notices provisionally removing them from the service of the Trading Corporation of Bangladesh or the order of removal from service itself. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. The petitione..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....er 41 rule 33 of the Code of Civil Procedure this Court has ample power to pass any decree or order even where the respondent has not, filed any appeal or cross-objection. 17. We have examined the provision of Order 41 rule 33 which is quoted below: “Order 41 rule 33: The appellate Court sha......isions of Order 41 rule 33. The Rule comes into play when the question of doing complete justice between the parties arises. A litigant cannot claim undue advantage on a technicality of procedural law”. 20. As stated above we have already found that the suit is premature and it is liable to ..Category: Civil Law | Date: | Hits: 85
....allegation contained in the report published in the above newspaper.
3. To determine the question whether such a direction for holding investigation can be given, we are to consider the relevant provisions regarding holding of investigation on receipt of information of commission of an offenc......(2)(a)(i) of the Constitution, the High Court Division may make an order directing a person performing any function in connection with the affairs of the Republic to do that which he is required by law to do. We have found that the Director General, Bureau of Anti-Corruption is not required unde..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....o. That lease of such vast military land with the valuable buildings standing thereon to a private individual is against public interest and the interest of the armed forces also and that there is no provision to lease out such a big area as a gesture of good will. That in the Cantonment Land Admini...... petitioner to return the demised property during the subsistence of a registered lease in perpetuity dated 8.7.1981 situated at 6, Shaheed Moinul Road, Dhaka Cantonment, Dhaka without due process of law shall not be declared to have been made without lawful authority and is of no legal effect and a..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ....... State of Punjab AIR 1970 SC 1566, the case of Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776 took the view that before relying upon a dying declaration it is the duty of the Court of law to scrutiny the same beyond all reasonable doubt. Further the defence case is that the responden..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......ls on record Mr. Enayetur Rahim, the learned Advocate appearing on behalf of the appellants, submits that the impugned judgment and order of conviction and sentence is illegal and not maintainable in law. He contended that the learned Additional Sessions Judge having himself found that the prosecuti..Category: Criminal Law | Date: | Hits: 83
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