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....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......eady deducted/taken since March 2003, on account of hypothetical net pension.
Facts: The case of the petitioners:
2. It is stated in the petition that Mr. MA Sayeed, the petitioner No.1 retired from his earlier service in the Republic of Bangladesh on 14‑2‑1994 with monthly gross pension o......ost men over the age of twenty-one secured the right to vote while the women got such right in 1928. The property requirement for a voter was finally removed only as late as in 1949 and a supervisory independent body called an Election Commission, to enquire into allegations of bribery and corrupt a...... was vague and blurred. It used to vary from country to country and depended on the character and the stage of refinement of their civilisation. As such, the history records the presence of gods as a source of some enormous meta physical power even above their mighty Kings in different forms in diff..
Category: Employment/Service Law | Date: | Hits: 99
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......sed. While she was thus owner in possession, on 29‑3‑41 one Kali Charan created a fraudulent patta without any salami or consideration to grab the suit land. Sumati ultimately, got back the patta from Kalicharan through litigation up to the Court of District Judge. In the litigations to rescue t......In 36 Indian Cases 420; Nanda Lal Dhur Biswas Vs. Jagat Kishore Acharjya, the Privy Council held— "……....If the deeds were challenged at the time or near the date of their execution, so that independent evidence would be available, the recital would deserve but slight consideration, and cer......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......saw accused Abdur Razzaque run away. These people tried to apprehend the accused but failed. She stated that her mother Salma Khatun went to see her father at his place and that is why she was absent from the house on the fateful night. She added that accused Abdur Razzaque used to give her indecent...... as such, the impugned order of conviction and sentence is not sustainable in law. The learned advocate submits that having regard to the fact that the prosecution has failed to examine even a single independent, natural and competent witness to prove its case, the impugned order of conviction and s......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......l at all times be adequately and unconditionally guaranteed by the LP. A format of the Corporate Guarantee Agreement to be executed by LP is furnished at Schedule II. 2. Any costs and fees arising from the issuing of the guarantee by the LP shall be paid by the LP or the Borrower ". It is note......ably respond to the demand made, the Petitioner caused a legal notice dated 7.12.2009 to be served upon the Opposite Party reiterating its abovementioned claim. 5. The Guarantee, as constitutes an independent agreement between the Petitioner and the Opposite Party, provides, inter alia, for a res......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......ficials. Moreover, 3 seminars were held at Tangail wherein Members of the Parliament of the locality participated and expressed their views regarding the project. Views of the elected representatives from the local level upto the national level have been taken. All possible groups of people likely t......on when it takes another’s property for public use in accordance with the federal sovereign power to appropriate it. Accordingly, when the Federal Government thus takes for a federal public use the independently held a controlled property of a state or of a local sub-division, the Federal Governme......cts leading to the issuance of the two Rules are summarized as under: (a) The two consecutive severe floods of 1987 and 1988 in Bangladesh aroused national and international concern on the water resources issue in particular and the question of environmental management in general for the country...Category: Environmental Law | Date: | Hits: 1051
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......l II term 1 of the Architecture Department in room No.303 of EME Building. Dr. Joarder Kamruzzaman was the invigilator in that room. He caught the petitioner while he was attempting to procure answer from some notes in the toilet room and seized the notes and reported the matter in writing to the Ch......or to expel a student from the examination hall if he is satisfied after an on the spot enquiry that the student is guilty of misconduct as mentioned in section 38. Chief Invigilator did not send any independent report in writing. He merely forwarded the report of the invigilator with his recommenda......oner. Section 38 (II) of the University Ordinance is as follows:
“38. (II) Possession of writing related to the particular subject of examination or copying /receiving information from any other source expulsion from examination hall and cancellation of whole examination, expulsion from the Uni..
Category: Civil Law | Date: | Hits: 85
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......able and immovable properties of Tk. 10,67,81,643.75, but he did not describe the assets and assess the value thereof specifically and properly. Though he had an outstanding amount of Tk. 1,77,376.81 from the accounts of East West Property Development (Pvt.) Ltd. and Bashundara City Development, he ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......d Bashundara City Development, he showed an amount of Tk. 1,42,13,838/-, that is, showed an excess amount of Tk.1,40,36,461.19 and he also showed a deduction of an amount of Tk.19,49,541/-as taxes on source, but the same was paid before submitting the statement. Consequently, he submitted statement ..Category: Criminal Law | Date: | Hits: 108
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......ht of user of the suit water reservoir by easement by long user and by long grants for a period beyond statutory period of limitation and for permanent injunction restraining the defendants Nos.1-4 from filling up the suit water reservoir with earth and/or changing its nature and feature in any ma......in which the custom applies and easement of this sort is called customary easement. The plaintiff according to him claimed not customary easement but customary right which is a right in gross and independent of dominant heritage. The Courts below have not looked at the case from this point of vi......e opined that it was very small and the cattle of Kazir bazar cattle market could not be bathed in it. He also noticed that there was a private lube well near the mosque but that was not a convenient source of water for the cattle and the huge number of people assembling in the cattle market. He fou..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......sideration money and three years after the aforesaid deed of contract, the wife of Sarada Ranjan, on behalf of Sarada and Kumud Ranjan accepted Taka 180/- the balance of the above consideration from the answering defendants on the assurance that Sarada and Kumud Ranjan DC would come shortly an......ore him but he did not accept that argument, as he did not believe the defence story of possession from 1947 & 1950 respectively. It is no doubt true that there is no satisfactory evidence by any independent witness about defence story of possession from 1947 and 1950 but nevertheless there is n......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....essional statement we have however found contradictions as well as vagueness in it; hence we are unable to accept it as true or voluntary. Further the inculpatory portion of the same does not get any corroboration from any part of the evidence on record or any established circumstances. Furthermore,......connected with the commission of the alleged dacoity. The Sessions Judge has based conviction of the appellants solely on the so called confession of co‑accused Shahid Hossain alias Shafi and apart from the said confession there is no other evidence on record to connect the appellants in the commi...... is that even if for argument's sake, the confession is found to be true and voluntary, still it may at best be a basis for conviction of its maker and other co‑accused appellants without any other independent, trustworthy, corroborative evidence on record. Hence on the face of it, it is clear tha...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......r 9, rule 13 of the Code of Civil Procedure for setting aside the ex-parte decree on the allegation that summons in the suit was not duly served on him and that he learnt about the decree on 7.3.72 from his Karmachari Haripada Das. The case was contested by the plaintiff by filing a written object......mer Chakraborty the learned Advocate appearing on behalf of the opposite parties besides referring to Rule 70 of the Civil Rules and Orders Vol.I as to the service of the process in presence of two independent local witnesses submit that the learned Court below having already come to a legal fin......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..Category: Procedural Law | Date: | Hits: 65
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......itioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......neous to the purpose of the Act and beyond which the order of detention is immune from challenge except on the ground of mala fide." It does not mean that the detaining authority is to disclose the source of information and to prove and establish before the Court each and every information as in a..
Category: Criminal Law | Date: | Hits: 108
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
.... incriminating article from the possession of the convict petitioner was not done by following the provision of section 103 of the Code of Criminal Procedure. He has further submitted that absence of corroboration by independent witnesses of the evidence of PW 1 and PW 2 who were the recovery office......uspiciously on the road at Fringi Bazar area of the Chittagong town on 24‑10‑89, PW 1 Abdul Khaleque, Sub-Inspector of Narcotics and Liquor Department, Chittagong, apprehended him and recovered from his possession one gallon of hilly liquor which he held in a polythene bag in his right hand. H......ticle from the possession of the convict petitioner was not done by following the provision of section 103 of the Code of Criminal Procedure. He has further submitted that absence of corroboration by independent witnesses of the evidence of PW 1 and PW 2 who were the recovery officer and sepoy respe......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......he transfers to him would not be maintainable. 12. Their further case was that respondent Nos. 5 to 7 offered to sell the land to the preemptors who declined to purchase. Now, they were estopped from exercising any right of preemption. On the pleadings following issues were settled: (a) ......nuineness of the transaction or to prove execution and/or recitals in the deed. 29. In the circumstances, when the vendors and transferees fail to prove execution and delivery of possession by any independent witness, the exchange must be held to be a hoax and not genuine transaction. Moreover, e......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....balanced lady, committed suicide for their unhappiness in family life. Mr. Malek, the learned Advocate, refers the inquest report and the post mortem report and submits that there is no similarity or corroboration between the said two reports, he further submits that it is apparent from the inquest ......of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza committed suicide by hanging from a fan by a scarf and on his instance a UD Case being UD Case No.2 of 2004 dated 9‑1‑2004 wa......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....n the definition of “evidence” contained in Section 3 of the Evidence Act, and the affirmation of conviction and sentence by the High Court Division, based upon confessional statements having not corroboration by circumstances, is not tenable in law. II. Because none of the witness led by the......tpur Majar sharif to attend its weekly gathering. The people present there saw him upto 00:30 hours (13.11.1998), but his son did not return home. In the following morning his dead body was recovered from the Mahogany garden of Yasin Miah located towards the north east of the Neku Brick field, Doula...... of the Evidence Act. He further submits that none of the witnesses implicated the convict petitioners and the confessional statements of co-accused Edu Mia and Ratan Mia were not corroborated by any independent evidence and hence the High Court Division erred in upholding the conviction and sentenc......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ...... of land; that they also planted trees upon the banks of the tank and continued rearing fishes in the tank by spending huge amount of money; that their predecessor‑in‑interest Kadam was a refugee from India and that the defendant No.2 started an orphanage house named Farajikandi Complex, but he ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......nance, 1982 and it has been further contended in the written objection that in the Farajikandi Complex of Matlob Upazila, there are about 300 orphans being brought up and given education and the main source of income of that orphanage was a tank measuring 4 acres of land which was acquired by the Go..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....ed in a sexual offence, conviction should not be generally based against him only on the evidence of the prosecutrix alone and that it is also not safe and proper to rely on such evidence without any corroboration. The above contention of the learned Advocate appears to have some substance. But in v...... appellant Siraj Mal caught hold of the victim girl Shilpi P.W.3 and pressed a piece of cloth on her mouth and then accused Nurul Islam @ Nuru and Rashid lifted her on their shoulder and took her out from the room and left the place of occurrence firstly turning towards the cast from the room and th......f an accused may be given even on the evidence of a solitary witness, if he is wholly reliable but as a matter of prudence, though not of law, sometimes in the facts and circumstances of the case, an independent corroboration of the evidence of such witness is necessary. The learned Advocate for the...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......na Shanghati Samity (PCJSS) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it appears from the writ petition, the writ-petitioner stated facts therein tracing back to the history of pre-...... the Hill Tracts Manual led it to acquire the status of a 'Non-regulated District'. The Indian Independence Act 1947 (the Act 1947), enacted by the British Parliament on 18 July, 1947 created the two independent dominions, namely, India and Pakistan with effect from 15 August 1947. Section 2 of the ......quare miles which is one-tenth of the total territorial area of Bangladesh and is home to a population of about 10 lakhs which constitute 0.5% of the total population of Bangladesh. Full of natural resources, the Chittagong Hill Tracts is a hilly area dotted by five valleys, namely, Chengi, Mainee, ..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ll as lock of the door on the room of his wife and during the occurrence they blasted bombs and looted away gold ornaments, wrist watches, wall clock, cash money, cassettes, sarees, various clothings from different rooms of the wife and children of the informant on point of dagger and firearms. The ...... non-mentioning of the fact of TI parade in the examination of accused appellant under section 342 Cr.P.C. has prejudiced him and as such the conviction is bad in law and fourthly, non-examination of independent witness as well as non-consideration of the evidence of hostile witness has made the fin...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..Category: Criminal Law | Date: | Hits: 80
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