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Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......charge sheet against accused Md. Shahed Uddin @ Refat, Md. Shafiruddin Master, Mrs. Helana Begum and Sabiha Begum under sections 7/30 of Nari-O-Shishu Nirjatan Daman Ain (amendment) 2003 and the case record was sent to the Nari-O-Shishu Nirjatan Daman Tribunal No.2, Dhaka and registered as Nari-O-Sh......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....aw 8 bottles of phensidyle and a boy was taken to police custody. 11. P.W.4 deposed that he saw the accused and the phensidyle in the office of Sharoda Transport where the police seized the goods and wrote the F.I.R. 12. P.W.5 helper of Sharoda Paribahan deposed that as the owner of t......tion case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviation from the main story disclosed at the earlier recorded version, may be looked upon with great suspicion……………(17......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......ff is that the suit land appertaining to C.S. khatian No.1 of Mouza Darigachha under P.S. and District-Bogra originally belonged to landlord Bimalendu Roy Bahadur. During C.S. operation, the land was recorded in C.S. Khatian No.1 in his name. But in the remarks column of the khatian the suit land wa......e was not according to the Rules. The learned Additional District Judge further found that if the settlement was given by the then S.D.O. mistakenly for his incompetence, he should not be retained in service. The learned Additional District Judge, therefore, concluded that the plaintiff acquired a v..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
.... as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly proved that there are prima-facie evidence against them to take cognizance as a good prima-facie case was made out to be proceeded with but the Tribunal committed illegality in dis......ned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly proved that there are prima-facie evidence against......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......onclusion of trial the Adalat found the petitioner guilty under section 8 and 9 (a) (b) (c) of the Ain and sentenced him as aforesaid. Thereafter, police arrested him on 29.01.2000 as it appears from record. The petitioner did not file any appeal against the order of conviction and sentence within......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....from Divakar Babu (P.W.3). 10. P.W.3 Divakar Deb furnished version that he heard from his wife that on 22.8.2001 at 9-00 P.M. huband of Gouri Deb and others confined Gouri Deb after giving her a good beating. 11. P.W.4 Modhusudon Deb, elder brother of Gouri Deb stated in his evidence that ......cution bring home the charge staged against convict-appellant beyond any shadow of doubt. And II. Whether the Judgment under protest in the appeal can be sustained on evidence, materials on record, fact and circumstances of the case and, also in safe dispensation of Criminal Justice. ......nvict-appellant. No offence punishable under section 11 (Kha) or under section 11 (ga) of Ain of 2000 as brought about by Nari-O-Shishu Nirjatan Daman Amendment Ain, 2003, also, could be pressed into service even if offence is attempted to be brought under the amended section 11 (Kha) and (ga) of Ai..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......he Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Patuakhali against the appellant and his second wife. The Judge of that Court took cognizance of the alleged offence against the accused and a case was recorded. As per direction of that Court the victim was examined by a medical board. In that case ch...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... judgments and decrees. The rule has no merit. In the result, the rule is discharged without any order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....in full force in the present case. In the facts of the case and the evidence on record, we find that the plaintiff had made an agreement of sale with the constituted attorney of Mrs. Inge Flatz in good faith and paid part payment of the consideration money and he is also willing to pay the balan......of the plaintiff. 16. The defendants examined none nor did they file any document in support of their contention. 17. The learned Joint District Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding, inter alia...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......emple situated in a portion of the suit land. The suit land was dedicated for establishment of the deity and also for performing the Sheba Puja and other religious ceremonies. The suit land was recorded as such in her name in the C.S. record of rights as debatter properties. The plaintiff has ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
...... as such are liable to be set aside. He
argues that the appellate Court below being the last Court of facts has erred
in law in not at all discussing and finding on consideration of materials on
record whether the order of dismissal was passed lawfully, particularly in view
of the exhibits of ......the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipara College is illegal,
void, collusive, without jurisdic..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......Judge, 3rd Court, Dhaka and there is nothing to interfere. He prayed for discharge of the Rule. 8. I have heard the learned Advocates of both the parties and have gone through the material on record very carefully. 9. It appears from the record that the suit was filed in the year 1997 ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229....... and other facts and circumstances of the case, the learned Trial Judge arrived at a finding that the prosecution succeeded in proving the charge against the accused Maku Rabi Das and accordingly, he recorded the impugned order of conviction and sentence in the manner already stated above. 8. B......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......itioner committed the offence as alleged and as such there is no illegality in the order of conviction. 5. We have considered the submissions made at the Bar and perused the materials on record. To appreciate the submissions, let us examine section 4 of the Anti Corruption Act, 1957 (Ac......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
.... him chhora blow. Accused Rafiq and Tipu also gave him blows. Salam fell down. Thereafter Kibria gave him three blows. Afsar, Khaleque, Chandu, Motleb, Motaleb and Mannan entering the hut took away goods. By the light of the hurricane in the hand of his Mami he saw the occurrence. He did not dire......were examined under section 342 of the Code of Criminal Procedure, when they said nothing besides claiming innocence as before. Then the learned Sessions Judge on consideration of the evidence on record convicted and sentenced the appellants as aforesaid and acquitted the remaining ten acc......d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......is always permissible even before the apex Court. 7. Lastly, he read rules 23, 31 and 33 of Order XLI of the Code of Civil Procedure and submits that in order to do complete justice the Court of records always can allow the plaintiff to amend the plaint to give full relief in a suit and the mis......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... may include any injustice, oppression, restraint of liberty, commerce and natural or legal right, whatever tends to the obstruction of justice or to the violation of the statute and whatever against good morals when made the object of a contract and therefore void and not susceptible of enforcement...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......2-1998 (Annexure-B to the writ petition). Article 4. 2.2 of "RFP" provided that during the first four years of the licence term, MOPT would not issue any licence for fixed public wireline or wireless service operator to serve the Dhaka MEA other than the Licensee and the Bangladesh Telegraph and Tel..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
.... petitioners on different phases and the petitioners were very much in the know of the matter from the beginning, we think that the contention of the learned Counsel for the petitioners does not hold good that no notice as required under law to that effect were served upon the petitioners. In order ......y Attorney-General appearing on behalf of the respondents, on the other hand, opposed the Rule and submitted that this Rule has no merit and, as such it should be discharged. By pointing out from the record, he submits that the notices under section 5(1a) and 5(3) of the Emergency Requisition of Pro......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... renew his application if and when an order was made, but in some circumstances an expression of view on question of law which would arise for decision if Parliament were to approve a draft may be of service not only to the parties, but also to each House of Parliament itself. This course was adopte..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....o examine whether upon the facts on record as briefly noticed above the orders of temporary injunction were not wholly unconscionable which require interference in the interest of equity, justice and good conscience". 2. The appeals have been filed against the more or less similar order ...... observing "making unusual departure from the practice of this Division of non-interference with interlocutory orders passed by the High Court Division, to examine whether upon the facts on record as briefly noticed above the orders of temporary injunction were not wholly unconscionable wh......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
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