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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. ......€¦â€¦â€¦â€¦â€¦Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry......of 2003), in particular Section 3 and 4(4) thereof, should not be declared void as being inconsistent with the Constitution and in particular Articles 7,9,11,27,28,59 and 60, as being enacted without lawful authority and of no legal effect. 2. In this petition constitutional and consequent legali..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
.... Division, to 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 si......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. ......; Md. Ruhul Amin J: Leave was granted upon 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 briefl......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
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 314 of the Penal Code was framed against them to which the appellant on dock pleaded innocence and claimed justice. Trial was held in absence of absconding accused Ful Banu. 4. The defence case, as it a......wn 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: 57 DLR (2005) 568. ...... Judgment July 27, 2005. Result: The Appeal is dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate‑ For the Appellant. Md. Faisal Hossain Khan, Deputy Attorney-General with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal A......ted that septicemia is an infectious disease. It might be caused due to external or internal infection. So far he could remember the deceased was admitted in the hospital by her parents and mother-in-law, but that fact he did not mention in his report, given to the police station. Haemorrhage might ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....ce or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 of the Code of Criminal Procedure. Otherwise it would cause miscarriage of justice as appellant's attention having not been drawn to his confession while examining him under......orded under section 164 of the Code of Criminal Procedure. He added that the accused was arrested on 3-11-1991, forwarded to the Court on 6-11-1991 and the confession was recorded on 11-11-1991 so according to him, the confession was not voluntary and true. He added that the Magistrate, who reco......¦â€¦â€¦Respondent Judgment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were co......ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance underneath the law was equally adhered to. There must not be any reason of doubt as to the truth of the statements..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
.... documentary. I find no error committed by the learned Joint District Judge in reversing and setting aside the judgment of the trial Court resulting in an error in the decision occasioning failure of justice and as such I find no merit in the Rule and the same is liable to be discharged. 13. In......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......ving not been proved in accordance with law the same cannot be considered giving preference over the voter list……………………(11) Cases Referred to- Arun Kumar Vs. the State, 10 BLT (AD) 40; Aysha Sultana Vs. Shahajahan Ali, 38 DLR 140. ......visions of section 35 of the Evidence Act, 1872 unless the same is rebutted………………..(8) The school Testimonial having not been proved in accordance with law the same cannot be considered giving preference over the voter list………&hell..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....y. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any ot......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......nd others..................................Respondents
Judgment
July 24, 2005.
Result:
The Petitions are discharged.
It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of the Republic should b......n its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any other law. A person in the service of the Republic who intends to invoke fundamental, right for challengin..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ...... the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the other judges of the High Court Division, and such point shall be decided according to the majority of the judges who have heard the case, including those who first heard it....... the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......Court Division and shall be decided in accordance with the opinion of such judges or of majority, if any, of such judges. (2) Where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of t..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....C (hypothecation) loan at Taka 77,67,626.16. 5. On 5‑6‑03 he also sent legal notice to the Deputy Commissioner and Additional Deputy Commissioner, Narsingdi, returning officer demanding justice against the acceptance of the nomination paper of Shafiuddin as valid. He unsuccessfully mov......Hence, the Rule. 16. Mr. Amirul Islam, learned Senior Advocate on behalf of the petitioner, challenged the conclusion of the appellate tribunal that the returned chairman was a defaulter and was accordingly disqualified for the election on the date of scrutiny of the nomination papers on the gr......p;………………………….Opposite Parties Judgment July 13, 2005. Result: The Petition is dismissed. Cases Referred to- Warish Miah Vs. Bangladesh, 1989 BLD 212 = 41 DLR 51; Nur Mohammad Vs. Badruddoza Chowdhur......contest while opposite party No.1, the returned chairman and No.6, the returning officer contested the case. 7. Case of opposite party No.1 was that the Industries was a body corporate under the law and obtained the loan as such. In case of any default by said Industries in the repayment of the..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....secution has miserably failed to prove its case beyond all reasonable shadow of doubt and, as such, both the Courts be low committed an error of law and fact in their decisions occasioning failure of justice. 14. Mrs. Shamim Ara Dora, the learned Assistant Attorney-General for the State, submit......nsidering the facts and circumstances of the case and evidence on record, found the accused Md. Ashraful Alam guilty for the offence under section 6(5)(b) of the Muslim Family Laws Ordinance 1961 and accordingly, convicted him thereunder sentencing him to suffer simple imprisonment for 5(five) month........Petitioner Vs. State.......................................................Opposite Party Judgment July 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 199...... 13. Mr. Nitai Roy Chowdhury, the learned Advocate for the petitioner, submits that alleged second marriage was not at all solemnised; that the alleged Kabinnama has not at all been admissible in law for which that was not exhibited; that the accused petitioner is quite innocent and he committed..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......0 years on the basis of a money receipt (Ext. 1) and bainapatra (Ext. 2) and acÂcordingly came to the conclusion that the plaintiffs were entitled to get a declaration of their title. The appeal was accordingly alÂlowed arid the suit was decreed declaring the plaintiffs' title over the suit proper......sed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two stoÂried building which belonged to one RajeshÂwar Saha, father of defendant No. 1 and maÂternal u......d not adduce any evidence to prove their case of adverse posÂsession rather they relied upon Exts. 1, 2 & 3 the receipt, bainapatra and kabala in support of their title. 16. The principle of law is that the case of adverse possession must be specifically pleaded in the pleading and proved i..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ...... the Petitioners. M Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed by the Hi...... support of the order is absent. 2. The order of the trial Court as well as of the High Court Division is not an elaborate one assigning reasoning in detail in support of the orders so passed. The law is now settled that merely because an order of a Court is not an elaborate one or that is not sp..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....es for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nepotism and favouritism instead of following the rules and procedures. Trial Court havi......l for the petitioner strongly rebutted the submissions made by Mr. Hassan Ariff, saying that Mr. Ariff admits error of law, misÂreading and misconstruction of the documents had the suit been filed according to the proviÂsions of law mentioned by him which shows that there was a prima facie argu...... Result: The Rule is made absoÂlute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thought......tments, Halls and Faculties would be seriously affected, disÂturbed and interfered if the injunction is granted. They contend that the appointments have been made in good faith, in due process of law and for the interest of the University for which the plaintiff would not suffer any loss, etc. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26....... plaintiff thus instituted the suit for her restitution of conjugal rights and for realization of maintenance cost at the rate of Taka 2000 per month. 4. The defendant did not contest the suit and accordingly, the suit was decreed ex parte on 6-1- 1990. The defendant got the said ex pane decree s......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DL......edical College Hospital and she used to assist the defendant financially for prosecuting his studies and that the plaintiff in all paid about Taka 45.000 for the purpose of treatment of her father-in-law excluding financial support to the defendant while the defendant was a student. The plaintiff th..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....5. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with ...... Superintendent to the office of the respondent No.6 and after due consideration of the application of the petitioner, the respondent No.6 informed the petitioner to sit for a written examination and accordingly the petitioner appeared in the written and viva voce examinations and the petitioner sto......lation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and administration of the Madrasha where it is situated outside the distri......etency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitioner in accordance with law. Any action taken by the Deputy Commissioner who has no role to play in the management and admin..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....lause 12 of the registered kabuliyat, the same could not be cancelled after 18 years on 22‑2‑1992 as per clause 13 but this vital aspect was not considered by the Courts below, causing failure of justice. He also submitted that the Courts below committed further illegality in not holding that th......in the State Acquisition and Tenancy Act. This error has vitiated the decision and plaintiffs-petitioners have been gravely prejudiced thereby and the case rightly deserves interference by this Court according to the principles and guidelines laid down by the Hon'ble Appellate Division. It hardl......tion and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State...... this Court and obtained the present Rule. 7. Mr. TH Khan with Mr. Moinuddin, the learned Counsels appearing on behalf of the petitioners, submitted that both the Courts below committed error of law by not considering the grounds taken by the petitioners in the Courts below. He further submitte..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....l communications but neither the, Commission nor the Committee did accord the licence or allocate frequency. On 17‑11‑02, the JTV then sent a notice to the Commission and Committee demanding justice but received no favourable response. 9. Then, the JTV was constrained to make an applic......justice but received no favourable response. 9. Then, the JTV was constrained to make an application under Article 102 of the Constitution being Writ Petition No.7999 of 2002 for a direction for according necessary licence and allocation of frequency. This Division by its order dated 25‑26 Au...... The Rule is made absolute. Bangladesh Telecommunication Act (Act No.XVIII of 2001) In the instance case, by said licence, the Commission clearly fixed the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to can......8‑4‑04 and 24‑3‑04 [Annexure-A, A(1), and A(2)] respectively issued by and on behalf of respondent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....her conviction and sentence recorded upon convict-appellant can be sustained, on evidences, materials brought on record, fact and circumstances of the case and, also, in safe dispensation of criminal justice. III. Whether convict-appellant can be adorned with a verdict of acquittal on a finding......accused that when the occurrence took place he was so far away from the place of occurrence that it is highly improbable that he would have participated in the crime. The theory of "alibi", according to Wigmore on Evidence, is that the fact of presence elsewhere is essentially inconsistent........Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment June 15, 2005. Result: The Appeal is allowed. Cases Referred to- Ali Sher Vs. State, PLD 1966 (WP) 368; Abu Taher Vs. State, 2005 BCR 173; Abdul Motaleb Ho...... husband subsequently registered as first information report dubbing husband as perpetrator of crime. This case, also, presents a paradigm how a murder event could be carried to wrong side and son-in-law of a family, husband of deceased lady, could be sacrificed at altar of design programmed by fath..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......…State Judgment June 15, 2005. Result: Rule is absolute. Lawyers Involved: Khurshid Alam Khan, Advocate-For the Petitioner. A.B.M. Waliur Rahman Khan, Deputy Attorney-General-For the State. Criminal Miscellaneous Case No.1200 of 2002. Judgment ...... the accused opposite parties and others alleging inter alia that a Title Suit No.125 of 1990 is pending in between the petitioner and the accused opposite party No.1. The accused persons made an unlawful asÂsembly with a bad intention to do harm to the petitioner on the date of occurrence and e..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ined considering the facts and circumstances of the case. Because one stage of the criminal case would be usurped by this revisional Court whereby the convict appellant would be legally deprived from justice of appellate Court which will seriously cause miscarriage of justice. 18. Now the point......harges against the accused person under sections 279/304(B) of the Penal Code which was read over and explained to the accused petitioner Md. Emarat Ali who pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined 3 witnesses in support of its case while the ......p; June 14, 2005. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the ......t the accused person under sections 279/304(B) of the Penal Code which was read over and explained to the accused petitioner Md. Emarat Ali who pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined 3 witnesses in support of its case while the defence exami..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ong practice being followed since the days of High Court Division that a revisional application is to be filed within the period of 90 days. But there is no legal bar to entertain, in the interest of justice, such revisional application even after the period of 90 (ninety) days provided the applican......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......;……………………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadir......d appellate Court affirmed the judgment and order of the learned Metropolitan Magistrate on 14‑5‑2002. After dismissal of appeal the appellant-petitioner did not surrender as per the Provision of law and the petitioner was arrested on 2-5‑2005 taking him into custody. 5. The appeal was di..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
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