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Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)

.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......t the accused petitioners. Finally, Mr. Chowdhury submits that the learned Judge of the Tribunal without proper application of his judicial mind to the facts and circumstances and the materials on record and without weighting the same in its true and correct perspective, most illegally ignoring ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......on her body. She denied the suggestion of the defence side that her daughter died due to illness. 23. P.W.8 Md. Masudul Hoque was Po­lice Inspector and O.C. Jamalpur Police Sta­tion, who recorded F.I.R. 24. P.W.9 Foez Uddin was constable, who carried the dead body of the deceased t...... Attorney General has also pointed out another instance of gross violation of proce­dural law in holding trial in the present case as the prosecution has been seriously preju­diced due to non service of process on four important cited witnesses namely- Rashedul, Suraiya, Jamal and Kubbes Ali..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......ring the night of the occurrence he went to the place of occurrence at 03:40 a.m. and found Khalek, Rowshanara Begum, Shohel, Rasel, Aysha Khatun, Iman Ali, Azizul, Hanif and others present there and recorded their statements under Section 161 of the Code of Criminal Procedure. He denied the suggest......ves a privilege to the Investigating Officer not to disclose the source of his information and it is sufficient that in this case the name and address of the accused was duly found to be correct upon service of proclamation and attachment upon the accused. He further submitted that the Case Diary sh..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....th that of the instant case, therefore, we are unable to accept her submissions. On the contrary the legal plea taken by the learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. 25. Having considered, the facts and circumstances of the case, and foregoing......ture and character of the suit. Amendment was therefore rightly refused." 13. The learned Counsel lastly submits that the learned Judge of the trial Court failed to weigh and sift the materials on record and evidently fell in an error in coming to his ultimate decision occasioning failure of just......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ...... inherited the property; that at the time of C.S. operation, the plaintiff used to live at her husband's residence and taking advantage of her absence her two brothers managed to prepare the C.S. record in their names excluding her name and thus C.S. record is wrong and incorrect; that Hazrat Al......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....s of the plaintiffs. There was no relation between the plaintiff No.1 and the defendant No.1 and still there is no relation between them. The character of the mother of the defendant No.1 is not also good. The defendant No.1 is a poor landless woman, who lives on working as maid servant in others fa......e defendant No.1 moved this court and obtained the present rule. 6. Heard the learned advocates of the sides and perused the application and the impugned judgment and decree and the materials on record. The learned Advocate appearing for the petitioner submits that the judgment of the appellate......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ...... to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal Roy possessed the suit land on payment of rent; that his name was recorded in the S.A. Khatian as the owner of the land; that he gifted the land to her daughter Uma R......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....outside country or bringing it within Section 25B(1) is the prescribed punishment for smuggling of articles mentioned therein including currency 25B(2) or relates to possession or control of smuggled goods for the purpose of sale. From plain reading of the First Information Report allegation brought......tarted against the accused appellants. 3. Mr. Mahtab Hossain, Sub-Inspector of Police, attached to B.D.R. took up the investigation, visited the place of occurrence, prepared sketch map and Index, recorded statement of witnesses including members of BDR Battalion, and having found that the accuse......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....g the facts and circumstances of the case passed the impugned judgment and order dated 29.09.1988 and the learned District Judge is justified in passing the im­pugned judgment assigning sound and good reasons and there is no reasons for setting aside the impugned judgment of the learned District...... obtained collusively and illegally? 2. Is the petitioner entitled to get any relief? 13. The learned District Judge consider­ing the facts and circumstances of the case and evidence on record found that the peti­tioner was not subsequent heir of Fekuram Hazra, husband of Mokshada ......otice upon the petitioner and other interested persons were served; that the said grant was obtained by the principal opposite party No.1 by exer­cise of fraud upon the court by showing so-called service of general and special citations and that notice of the said proceedings was fraudulently su..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......possessed the suit land, that the Government is the owner of the suit land and it has been correctly re­corded in the name of Government in the RoR, that 2.53 decimals of land of plot No.7364 was recorded in the name of Azizul Huq Bhuiyan and others in pursuance of a decree of Title suit No.249 ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ......sfer of Property Act are illegal. There is no bonafide requirement of the suit premises by the opposite-parties. 5. After hearing the parties and on an appraisal of the evidence and materials on record and in the facts and circumstances of the case, the lower Court decreed the suit on the obser......count of the repair cost of the suit shop house against a daily compensation of Taka 50 due to be paid to the opposite parties by the petitioners is struck down. 23. In a suit for ejectment, the service of notice under section 106 of the Transfer of Property Act is of paramount importance. Sect..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......will not get any relief and that the application under section 10 of the Code of Civil Procedure is premature. 7. The trial Court after hearing the parties and on consideration of the materials on record rejected the said application under section 10 of the Code of Civil Procedure by his judgment...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......of section 386 even if the offender has undergone the whole of such imprisonment in default of payment of fine the Court may issue such warrant to recover the remaining fine for special reasons to be recorded in writing. 20. Mr. AFM Hasan Ariff, the learned Advocate as the Amicus Curiae, has plac......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong. 7. The police recovered the victim girl along with accused Rabiul Hasan on 8.2.2005 and she was produced before the learned Magistrate for recording her statement which was done. On the prayer of police she was put to safe custody at Mohil......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ...... such the Rule is liable to be discharged. 11. We have perused the writ petition with supplementary Affidavits, Affidavit-in-Opposition filed on behalf of the respondent and other materials on record. 12. Admittedly the petitioner being a Bangladeshi Private Limited Company under the na......ss the petitioner on 20.05.1996 signed an agreement with a public limited company under the name and style Wonderland Toys Ltd., to provide the required financial advi­sory/consultancy/management services to the Wonderland Toys Ltd. for the purposes of their forthcoming public issue of shares t..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......years and as such the impugned decision is without lawful authority and is of no legal effect. He then submits that the Labour Court committed an error of law and facts apparent on the face of the record in holding that there is no scope to declare the service of the petitioners as permanent alt...... Biman in terms of Administrative Order No.12/86 and thereafter he was appointed for another 90 days on 18.01.1997 and then he was also appointed continuously on 13.03.2001 till 22.03.2004 when the service was discontinued after the decision of the 3rd Labour Court, Dhaka passed on 3.03.2004. It..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....stalled at the residence of each of the members of the Parliament and they are also entitled to an allowance of fixed amount per month towards their telephone bills but he admitted that regrettably a good number of MPs, although realized their said monthly allowances but failed to repay their dues, ......e, the number of representatives of the commons varied considerably. The term member of Parliament was originally a loose expression for a knight or a burgess elected to Parliaments. 20. History records that even in those early days, the knights of the shire and the burgess in England who sat i......esh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country and all functionaries and the members of all services must serve them, their cause and their interest, in justification of their existence. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....nts made by those Principals, the au­thority decided to take disciplinary action and accordingly the petitioner was put to suspen­sion and he was asked to show cause by the impugned orders in good faith as such this writ petition is pre-mature and not maintainable. The learned Advocate incid......; 2 to oppose the Rule. 8. Mr. Abdur Rab Chaudhury, the learned Senior Advocate appearing on behalf of the petitioner took us through the impugned order and annexed documents/papers available on record and submits that impugned order of suspension (Annexure-'A') dated 10.06.2004 and the......B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relev..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....witnesses being examined. The learned Dep­uty Attorney General submits that a convic­tion can be given to an offender, if the prose­cuting agency proves the seizure of the con­traband goods beyond doubt, even if the prosecution has failed to examine the attesting seizure list witness...... local witnesses. Thereafter he sent samples to the chemical analyst for examination and the chemical ana­lyst reported that the substance contained her­oin. 3. After receipt of the case record for trial, the learned Metropolitan Additional sessions Judge framed charge against the appel......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....w whether there was application of mind on the part of Judge. Lord Denning in Breeh Vs. Amalgated Engineering Union (1971) 1 All ER 1148 stated that the giving of reason is one of the fundamentals of good administration. The absence of reasons deprives the Higher Courts to know the circumstances whi......All ER 1148 stated that the giving of reason is one of the fundamentals of good administration. The absence of reasons deprives the Higher Courts to know the circumstances which weigh lower Courts to record the order. The necessary to provide reasons, however, brief, in support of the conclusion is ...... 1959, Petition of Compromise, Plaint of Title Suit No.86 of 1986 and Written Statement laid in the said suit and other papers annexed in Revision Petition as Annexures. Explored grounds pressed into service in support of Revision Petition. Took a mental note of the submissions advanced from the sid..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29