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State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......ias Sohel is found to have been absconding after being granted bail initially and such bail was eventually cancelled on 4-5-2003. 3. The date and time of occurrence of the offences, and as emerges from the First Information Report (FIR), is 24-9-1997 and placed at any time between sunset that day...... be relied upon to substantiate such conviction to that of the sole evidence not otherwise lending assurance to any other evidence on record but instead asserting itself as proof of its on record independent of other evidence quite contrary to the decidendi in Amir Hossain Vs. State reported in ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......hout lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that election of the Corporation was held on 25‑3‑2002, electing one Mayor, thirty one Commissioners from the general seats and ten Commissioners from the reserved female seats (Annexure A). In due cou......cles 10, 11, 28(4) and also Article 59. He further submitted that effective and meaningful participation of the women must be ensured in all local bodies including in the City Corporation which are independent in running its own affairs. In support of his contentions, the learned Advocate referred......is respect the Romans were far ahead of other civilizations. Around 451 BC, the Decemvirs, on consultations of the Grecian laws and customs, framed a code of laws known as Twelve Tables—the ancient source of law. One of the important provisions in the said Code was on the law on marriage. This ins..Category: Constitutional Law | Date: | Hits: 443
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......703/1(1) dated 2.6.86 (Annexure‑E) by the Deputy Commissioner, Lalmonirhat asking the Assistant Secretary, Ministry of Home Affairs (Security‑II) requesting him to send a Non‑option Certificate from the Ministry of Home Affairs in respect of the petitioner for deciding the question as to wheth......6 and 3069 of Khatian No.2199 corresponding to Hal Khatian No.2304, measuring an area of 29 decimals having commercial and residential structures thereon; that after the emergence of Bangladesh as an independent state on 16th December, 1971 the situation at Lalmonirhat and the adjoining areas was ab......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......eal No.45 of 1993 by leave arose out of Civil Petition for Leave to Appeal No.122 of 1993, which is directed against the judgment and decree dated 1.9.1992 passed by the High Court Division in Appeal from Original Decree No.138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge,...... in pursuance of it remains protected as past and closed transactions, there is no protection given to the declaratory law in paragraph 18 of the 4th schedule of the Constitution. MLR incorporates no independent provision authorizing any official to take over property as abandoned. It simply declare......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......ther or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for establishment of i......y this Court restraining the BSRS in disposing of the machineries of the petitioners under the aforesaid Article and Rules and it is now well settled that the remedy provided by this Article 34 is an independent and alternative remedy available to the BSRS and against the decree granted by the Distr...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....rcumstances, though by itself, should not be sufficient to establish the guilt of the condemned prisoners and another absconding convict Ahidul Islam but the said circumstances have rendered material corroboration to the particulars mentioned in the confessional statements of the condemned-prisoners......s also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided for the absconding accused Kamal and Ahidul. 6. The defence case, as it transpires from the trend of cross-examination of the prosecution witnesses, is that all the accused persons ar......he Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused a......eported in 1987 BLD (AD) 73 wherein it has been held as under:- “The Court may use the Police Diary not as evidence of any date, fact or statement referred to it, but as containing indication of sources and lines of enquiring. In Mannu’s case it was held that the Police diaries may be used no..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....th other 41 persons before sunset near the house of Kamal Akhi at Vendar Char and of kidnapping of the victims Belayet Khan and Golam Hossain is stated by a solitary witness (P.W.2) and does not find corroboration from any other witness. The learned District and Sessions Judge disbelieved the statem......ed the fact of missing of these two persons. A GD Entry was made at about 9‑30 at night with the police station alleging than Golam Hossain and Belayet Khan were missing while they were coming back from Deodanga village. On the basis of this GD Entry No.520 dated 24.10.84 at about 9.30, Sub‑Insp...... grudge and enmity implicated them falsely in this case. They are completely innocent the charge levelled against them. 7. Of these 28 witnesses excluding the formal witnesses there is only one independent and disinterested witness i.e. P.W.8 and all the witnesses are partisan, interested and ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... (Mohd Subrati Vs. State of WB 1973 SC 207 (211) Grounds which form the basis of satisfaction of the authority may well be corroborated with the details of facts stated in the affidavit or find corroboration from material produced before the Court." "Production of materials before the C......s not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu comes of a respectable family of Rangpur. He obtained BA Degree from Carmichael College, Rangpur and joined the then Pakistan Army and was commissioned on 17th Sept......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......উদ্যত হইয়াছে এমন কোন কথাও আর্জি জবান বন্দি বা স্বাক্ষীতে নাই”। 13. But it is clearly evident from paragraph 5 of the plaint that Sheerin Alam Chowdhury has specifically asserted in her plaint t......ated his wife with cruelty. 17. The learned Appellate Court merely affirmed the decision of the trial Court without discussing or considering the evidence on record and without arriving at its own independent finding. 18. The Appellate Court modified the decree passed by the Family Court in a ......he same form in making the order. So long as the order was made by the Holy Prophet and the Caliphs in exercise of the authority of the state or judge, the form of the order is not destructive of the source or substance of the authority of the Qazi, nor makes the pronouncement of Talaq a necessary ..Category: Family Law | Date: | Hits: 265
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......ur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the category of pro-forma defendants and allowing the prayer of......ite of such restrictions as imposed under sub-rule (4) of rule 1 of Order 23, the court can exercise the inherent power to make appropriate order in the interest of justice. Is sub-rule (1) of rule 1 independent? 12. The principles in such cases in matter of allowing one of two or several plainti...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... circumstantial evidence. 50. The learned Deputy Attorney-General, appearing for the State has pointed out that in the instant case the circumstances, as referred to above, have rendered material corroboration to the particulars mentioned in the confessional statement of the confessing accused p......s house. Akhter Hossain and Julie lived there (Aktar’s father-in-law’s house) till the later part of July-2005 A.D. In the meantime, Sirajul Islam to meet his problem took a loan of Tk.2,50,000/- from Aktar Hossain which Siraj did not pay back to Aktar Hossain. Aktar Hossain had a shop in the Po......he Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused a......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......spondent No.1 to certify and transmit the records and other relevant documents to this Hon'ble Court for their perusal by their Lordships: C) Restrain by an order of injunction the respondent No.3 from releasing and exhibiting the film 'Hason Raja' pending bearing of the Rule. D) Make the Rule......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......তে পারি না।” But he made no attempt to bring back Binodini which he could have easily done thus making it clear that he had no lust for the flesh of Binodini. Binodini was just a source of inspiration to Hason Raja for his faculty to compose songs which were no ordinary songs. H..Category: Civil Law | Date: | Hits: 210
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......n 5(2) of Act II of the Anti-Corruption Act, 1947 attracted and this case is not a preposterous-one and it is not an abuse of the process of the Court and law. Mr. Khan strenuously submits that apart from section 5(2) of Act-II of the Anti-Corruption Act, 1947 and prima facie case under section 420 ......f the case does not come under the purview of provision of Anti-Corruption Act and if it comes under the purview of section 420 of the penal Code there must be a separate first information report and independent investigation by a separate investigating agency other than the Bureau of Anti-Corruptio......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......x's Bazar district 62,509 voters were examined under random sampling and amongst the said numbers 45,859 voters were found as citizen of Myanmar. Accordingly, the said number of voters was excluded from the said list. That in the meeting of District Law and Order Committee of Cox's Bazar district ......he learned Advocate appearing for the respondent No.2 by filing affidavits-in-opposition in both the writ petitions submits that the Election Commission being the product of the constitution has an independent entity, not subservient to any government machineries so as to be bound by the respond......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....orrectly found appellants guilty for the charge as alleged. He submits that evidence of P.Ws.2‑6, on fact of causing dagger blow on the chest of deceased Julfu master (manner of occurrence) got due corroboration and support from the evidence of PM of doctor P.W.9 Dr. Golam Farruk and from the PM r......ck the case to the trial Court with direction to afford sufficient opportunity to the defence to cross examine the P.Ws. and then to decide afresh the case according to law. 12. After remand order from High Court Division trial was held by Sessions Judge Chandpur and during such retrial of the ca......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176....... Chief Election Commissioner. It is stated that after taking oath the Respondent No.1 resigned and/or relinquished his office as a Judge and he continued to hold office as Chief Election Commissioner from 25-12‑90 to 18‑4‑95 but while the tenure of office as Chief Election Commissioner was abo......heads in the light of well recognised concept of jurisprudence. 15. The learned Counsel for the petitioner contended that the rule of law is the basic feature of the Constitution of Bangladesh. An independent judiciary is, however, a precondition to rule of law. The provision of constitutions ens......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ional Sessions Judge, Sunamganj in Sessions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against them. It appears that t......en made out against Fazlul Karim and on the basis of that he took cognizance of the offend against him as well as against others and sent up the case to the Court of Sessions for trial. Admittedly no independent or separate preliminary inquiry has been conducted by the Magistrate before taking cogni......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......ited the case land and building along with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas share of the building thereon from opposite parties 7 and 8 by registered kabala dated 22-3-79 at a consideration of Taka 30,000.0......e East Bengal State Acquisition and Tenancy Act it would be found that the transfer shall have to be pre-empted under certain conditions mentioned therein and in this case admittedly there were three independent transfers or sales. It is true that if by the document lands of several holdings are sol......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......al-For the Respondents.
Writ Petition No.2773 of 1996.
Judgment
Md. Mozammel Hoque J. - This Rule was issued calling upon the respondents to show cause as to why relieving of the petitioner from the responsibility of the office of Government Pleader of Dhaka and appointment of respondent N......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......l, submits that these provisions of LR Manual have not been formulated or passed in the form of Rules or Regulations in pursuance of and referring to any Act or Ordinance. He submits that there is no source of any legislation from which the provisions of LR manual have been originated. He submits th..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......i PS Case No.10 (10)/1996 have been challenged. It is stated in the application that the accused Colonel Faruqur Rahman is in custody and the petitioner‑mother tried her best to get the vokalatnama from him from the jail, but she was unsuccessful. Since the petitioner being mother could not obtain......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......ountry and his family members, and usurped the power of the country. He was nothing but a de facto unconstitutional Ruler. Since he usurped the power in unconstitutional manner, he cannot be called a source of law or law giver and if any law is given by him, it cannot be called a law in the eye of t..Category: Criminal Law | Date: | Hits: 202
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