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Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......uch other or further order or orders as this Court may seem fit and proper. 2. It is stated that the Petitioner is a scholar of international repute in Islamic matters. He is the Chief Patron of a number of Islamic Schools all over the world including the prestigious Islamic School, New York. He ..

Category: Constitutional Law | Date: | Hits: 147

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......refore, liable to be dismissed. 6. The suit was for declaration of title simpliciter in respect of a piece of land admittedly forming part of the waqf estate sought on the basis of purchase from a number of persons whose title in the land rested in pattan-settlement allegedly taken from the Mutaw..

Category: Trust/Waqf Law | Date: | Hits: 114

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ...... nothing was due from the petitioner against the said vehicle. The said vehicle was released from confiscation. The papers were annexed as Annexure-X1 series. Meanwhile, aforesaid criminal case was renumbered as Special Case No.02 of 08 in the 7th Court of Special Judge, at Sher-e-Bangla Nagar, MP H..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ...... to be transferred to the tribunal and which cases are to be kept before the normal criminal Courts or tribunals, for trial. …………………….(15) No guideline for sending a case out of a number of cases of the same nature from the normal Criminal Court and transfer to Druta Bichar Tribu..

Category: Procedural Law | Date: | Hits: 84

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....date of election, filed an application in advance on 21‑12‑97 to the respondent No.5 stating that the petitioner and his terrorist party was moving in the locality and threatening the independent voters. He also intimated the same fact to the joint Secretary and Election observer on 28‑12‑97......ficer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such ci..

Category: Election Law | Date: | Hits: 591

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......nd weight has to be attached to a dying declaration necessarily depends on facts and circumstances of each particular case. 56. Law on dying declaration has been discussed and propounded in a good number of judicial pronouncements of Apex Courts of the Sub- Continent. Some notable judicial author..

Category: Criminal Law | Date: | Hits: 85

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ......cords under Rule 30 of the Rules; 1955. The Government however, did not file any objection to such draft record-of rights. Objection Officer rejected all such objections. Then, respondent No. 2 filed number of appeals against rejection of all objections under Rule 31 of the Rules, 1955. The Appellat..

Category: Property Law | Date: | Hits: 120

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....than the prescribed amount allowed by the law. (iv) Under the name of 'Shamprodayek Songpriti Shangrakhan Parishod Central Committee', published false statement against the Petitioner inviting the voters not to vote for the Petitioner for the reasons stated in the leaflet/pamphlet, thereby commit......urnt pages and ashes of the Holy Quran alleged to have been burnt by the Awami League Workers. 22. The witness supported the assertion of the Petitioner that the Army arrested and tortured a large number of workers of Awami League, Juba League, Chatra League, Krishak League, Sramik League and oth..

Category: Election Law | Date: | Hits: 300

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......dents Judgment May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alle..

Category: Employment/Service Law | Date: | Hits: 169

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......n so as to carry conviction of truth to a prudent mind……………………20 Number of witnesses require to be examined to prove any fact Under the provision of Evi­dence Act no particular number of witnesses are re­quired to be examined to prove any fact. It is a sound and well-establis..

Category: Criminal Law | Date: | Hits: 118

Md. Monowarul Hoque Vs. Government of the People's Republic of Bangladesh, and others, 2007, 36 CLC (HCD)

....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 273. ......rd of rights was correctly prepared. Their possession was not lawful, the government has got every right to evict them but denied having held out threat to evict the plaintiff. 6. On the pleadings number of issues including the one whether the suit as framed was barred by limitation and whether t..

Category: Property Law | Date: | Hits: 100

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ned Attorney-General. It is not possible to transfer all the cases as mentioned in section 6 to the Special Tribunals because that may require dozens of Tribunals which cannot be manned with existing number of Judges. Moreover, if at a time, suppose one hundred cases are transferred to one Tribunal,..

Category: Criminal Law | Date: | Hits: 177

Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)

.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......ision reported in AIR 1998 SC 3043 in which it has been held: "that cause of action under section 138 of the Negotiable Instruments Act arises and can arise only once. Payee can present cheque any number of times during the period of its validity and on each presentation and its dishonour a fresh..

Category: Civil Law | Date: | Hits: 163

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......nt of money had all been admitted in the written statement. The defendants, however, in substantiating their stand to ward off liability, stated that on receipt of the cheque for Taka 150,000 bearing number 1130301, the bank conducted necessary examination through the computer, compared the signatur..

Category: Criminal Law | Date: | Hits: 130

Consumer Testing Laboratories Limited Vs. Registrar, Joint Stock Companies, and Firms, 2010, 39 CLC (HCD)

....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 224. ......ts expedient to take steps to resume the business of the company. Referring to Annexures E and F of the supplementary affidavit dated 6-1-2010. Mr. Ahmed submits that the share­holders, being two in number, have unanimously resolved to file the instant application for staying the winding up proceed..

Category: Company Law | Date: | Hits: 134

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ied by a Court within the local limits of whose jurisdiction it was committed………………………(23) The offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) dr..

Category: Criminal Law | Date: | Hits: 134

Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)

....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......under section 151 of the Code of Civil Procedure having been filed on the same date, learned Judge ought to consider the application on the very date and ought to re­admit the appeal to its file and number on vacating the order passed on 23-10-2008 dis­missing the appeal for default. Learned Advoc..

Category: Procedural Law | Date: | Hits: 154

Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......e, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sent to the concerned section of this Court and the application has been numbered as Criminal Miscellaneous Case No.18937 of 2001, though no Rule was issued. Eventually, the..

Category: Procedural Law | Date: | Hits: 167

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......urther stated that on 02-10-20004 he seized a green coloured old badna (one kind of pot) from the house of Nurul Islam under a seizure list Exhibit 9 and on 02-2-2005 he seized mobile set bearing SIM number 0172214726 used by Wahid, the staff of the father of deceased under a seizure list Exhibit 10..

Category: Criminal Law | Date: | Hits: 147

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......y of Civil Revision Case hinges on answer to following probes: I. Whether decision recorded by Court of First instance and maintained by Court of Appeal in not restoring Title Suit to its file and number on allowing Miscellaneous Case laid under Order IX, Rule 13 of The Code of Civil Procedure (F..

Category: Procedural Law | Date: | Hits: 120