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Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......ant against the weight of evidence on record. The evidence do not warrant for any such conviction under section 471 of the Penal Code. It is further submitted that the learned Special Judge based his decision on mere surmises and conjecture; that all the witnesses examined are very interested and bi..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......bserved some contradictions between the statement given to the police and the evidence given before the court. In this connection, the learned Advocate for the petitioner Mr. Md. Abdul Awal cited the decision in the case of Al Amin and others Vs. State reported in 51 DLR 154, in the case of Nayan Vs..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......along with it and hearing the parties framed charges against the accused including the accused-respondents. 12. The principle of quashing proceeding has been formulated in the celebrated decision in the case of Abdul Quader Vs. State reported in 28 DLR (AD) (1976)38 wherein it has ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......er daughter Anwari Khatun has not been proved by calling the persons in whose presence the gift said to have been made upon ignoring any material or any material fact having the bearing in making the decision in the aforesaid matter was left out of consideration. In fact, the High Court Division on ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......e fee of Tk.2,10,000 was deposited along with the application in the form of pay order (Annexure-D). Even after expiry of 45 days of submission of the application the respondent No.2 did not give his decision thereon. In such situation, the petitioner vide letter dated 24‑12‑01 addressed to the ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......n making the rules absolute in Writ Petition Nos. 62 of 2000 and 5362 of 2000 declaring the impugned order in Memo dated 27.9.1998 Annexure—'K' issued by the respondent No. 1 and the impugned decisions under item nos. 12 and 13 and adopted/taken at the meeting of the Standing Committee compr..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... revisional Court to consider the same and arrive at a proper finding on the basis of the evidence on record and finally dispose of the case. In support of his contention, the learned lawyer refers a decision as reported in 1996 BLD (AD) 31 = 49 DLR (AD) 80. The learned lawyer next submits that the ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....lainant's case and they were extensively cross-examined by the complainant but nothing was elicited to shake their credibility rather their evidence is invulnerable to the credibility. There is no legislative mandate in law for criminal prosecution for such irregularities and violation of the ru......he criminal breach of trust or dishonest misappropriation of money the time included between the first and last of such dates shall not exceed one year. It has been held by the privy council in the decision reported in AIR 1936 (Pc) 53, the rule which applied is that where a power is given to d..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....in humane manner is not well founded since the Court is required to consider a particular law as it is and that even if the interpretation of the law when there is no occasion for taking the view the legislative intention was different or there is occasion for taking one of the views in the backgrou......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......gment and order of the Magistrate dated 23‑5‑2004. I do like to reinter in the evidence on record as the trial Court as well as the appellate court carefully scrutinised the evidence arrived at a decision. I like to discuss salient features of the evidence on record. 17. Prosecution has exa..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......hey did not ask the jail appellant or the victim why they committed such immoral act. He stayed in the salish for 10/15 minutes. He did not stay there till the end of the salish. He did not know what decision was taken there. He heard that the jail appellant used to read in a school but he did not k..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ed husband is under legal obligation to give an explanation as to how his wife met with her death in his house. In support of his contention the learned Assistant Attorney-General has referred to the decision in the case of Giasuddin Vs. State, reported in 55 DLR 328; in the case of Shah Alam and ot..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......ral next submits that the submission made by the learned Counsels for the accused appellants to the effect that the evidence of the police personnel cannot be taken into consideration for coming to a decision in connection with the instant case has no legs to stand in that it is not rationale to dis..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......and thereby removed his name from the Notary register. It is contended that the cancellation is ex facie arbitrary, discriminatory and malafide. The petitioner also filed an application to review the decision of the authority but without any result. It has been contended that no show cause notice wa..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......mits the proposal in the background of the quantity of land going to be acquired to the authority as in section 4 (3) of the Ordinance and then if as per provision of section 5 of the Ordinance final decision is made by the authority for the acquisition of the property then in the light of the provi..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......ncois Charles Oberthur, France became the 2nd lowest and the tender committee after considering the tenders and qualifications of the tenderers sent the matter to the Ministry of Home Affairs to take decision and it was stated in the note sent to the Ministry that Calcutta Security Printers Limited ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......nbsp; Amirul Kabir Chowdhury J.- This appeal by leave granted by the High Court Division at the instance of the appellant-election petitioner Saber Hossain Chowdhury arises out of a decision of the High Court Division being order dated 30.4.2002 passed in Election Petition No. 6 of..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......definition of arms and also the provision requiring any person to obtain license for the aforesaid arms, which are not fire-arms, that no license is required to keep a dagger. Paragraph 9 of the said decision is as under- “Considering the law as aforesaid we hold that no licence is required to..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71