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Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....e is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge mus......he time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendiously called dying declarations……………………………..(54) Juristic theory regarding accept......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.........Petitioner (InCriminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XL......elow. In order to prove a document as forged, the ingredients of sections 463 and 464 of the Penal Code must be proved first which the prosecution has totally failed, further, a document shall be called a forged document if it is made or executed with dishonest and fraudulent intention to defrau...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
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Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents
Judgment
May 20, 2008.
Result:
The Rules are made absolute with cost.
Case Referred to-
Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (......r could not be made clear. Nor any authority could be placed before us on behalf of the manager to represent the estate. We also wanted to know from Mr. TH Khan about the present legal position of so-called manager representing respondent No. 2 and he could not give any positive answer.
56. Mr. M...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an affidavit at the end of any statement not only gives the same a touch of authenticity, but it also binds down the maker of the statement and makes him liable to prosecution if the statement is pro......ীতি সংরক্ষন পরিষদ, কেন্দ্রীয় কমিটি।” 30. He denied that he invited voters not tovote for the Petitioner due to his religion or that he called the Petitioner an agent of 'RAW', the Indian Intelligence Agency or maligned the personal cha...... Report of Sampradaik Samprity Parishad. Kendrio Committee 4. Exhibit No.4 Life history of SK Mujib. 5. Exhibit No.5 Book of Delawar Flossain Sayedee. 6. Exhibit No.6 Dainik lnqilab Dated 28‑4‑2001 ..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....he Minister; that the writ petitioner filed an application on 12.12.2005 against the action of the writ respondents for leasing out of the same to the writ respondent No.8; that the writ petitioner also filed an application to the committee for leasing out the land in question in his favour as per t......ned in respect of the writ petitioner; that the writ petitioner applied to the writ respondent No.1 on 01.02.2006 for leasing out 60 acres of khas land and not to lease out the same in favour of so-called 'Upakulio Bahumukhi Samabaya Samity Limited' and on the said application the Hon'ble Minister...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....………………………Petitioner Vs. Jahangirnagar University and others……………………………….Respondents Judgment May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence A......n receipt of the written complaint including the medical certificate from the Chairman of the Department of Drama and Dramatics and two other written complaints from the two reporters, the University called an emergency meeting of the Syndicate on 21.10.2008. At that meeting, the Syndicate took deci...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....……………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The rule is made absolute. The Bangladesh House Building Finance Corporation Order, 1973, (PO No.VII of 1973); Artic......en the District Judge and the Artha Rin Adalat emanating from two separate legislations. Here in this case law is the same but the District Judge transferred the Miscellaneous Case to another Judge called 'Special District Judge'; according to him, of co-equal Jurisdiction under the same law. The ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient owner and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…………………(9) The right of easement by pr......ement is partitioned or divided among the tenants there and for beneficial enjoyment of the share of one tenant he has got the right to pass over or to use the share of another tenant's land which is called the easement of necessity. Simply because a man is in dire necessity to pass over or to use...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....d others...........................Petitioners Vs. State and others ................................................Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without tri......, the words "Magistrate of the District" were defined as meaning the Chief Officer charged with the executive administration of a District in Criminal matters by whatever designation such officer was called. Under the present scheme of the Code, the Government shall appoint a District Magistrate who......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....d through engaged Advocate to contest. 3. Rule being ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in...... evidence by the parties in the light of observation made in the appellate Court judgment should not be set aside or to pass order or orders as this Court may deem fit and proper. L.C records were called for. Rule was made returnable within 4(four) weeks from date. Pending hearing of the Ru......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....tiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of ji......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......rol and possession and if it is found that the seized goods are perishable and its value would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not released in favour of the applicant, in such case, the application ..Category: Procedural Law | Date: | Hits: 142
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....…………(11) The banks have the defence of estoppel, adoption and ratification in respect to cheques having no signature of the customer………………(21) The bank's obligation is an absolute one…………………….(25) A cheque from, which, when drawn, is a bill of exchange, ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... the law enforcing authority without wastage of time. The bank followed provisions of the Negotiable Instruments Act, 1881 when it paid the money, contending that the bank incurs no liability for any loss sustained by any customer if the provisions of the said Act are complied with. 5. During the..Category: Criminal Law | Date: | Hits: 130
....d J
Reliant Commodities & Technologies Pte. Ltd. 11 Collyer Quay, 14-01, the Arcades, Singapore 049317, Republic of Singapore, represented by its duly constituted Attorney, Mr. Anwar Parvez, son of Late Sokil Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Pet......pment validity date upon acceptance of the notices of Force Majeures dated 14-01-2007 (Annexures-E) BCIC categorically states in the Affidavits-in-Opposition that it never accepted the plea of the so called Force Majeure condition. It is under these conditions that BCIC is stated to have been compel...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....s. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Tariqul Hakim with K M Jabir and AKM Enayet Hossain, Advocates ‑ F......l these facts before the learned Sessions Judge but he refused to entertain any application as the records had already been sent to his Court in connection with the aforesaid Criminal appeal. We have called for the records of Criminal Appeal No.56 of 1989, District‑Laxmipur, re‑numbered as Crimi...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
.... Md. Hassan Ameen J Abul Kashem Bhuiyan………………………Petitioner Vs. State………………………Opposite Party Judgment May 13, 1998. Result: The Rule is made absolute. Lawyers Involved: S N Goswami, Advocate ‑ For the Petitioner. Not Represented ‑......to cause damage or injury to the public or to any person. Unless there is an element of fraud or intention to cause damage or injury to the public or any person the document or part thereof cannot be called as forged document. To constitute forgery intent to defraud is essential. Where there is inte......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
.... Case and, as such, the trial of the instant case by the Metropolitan Joint Sessions Judge 5th Court, Dhaka is nothing but an abuse of the process of the Court which is liable to be quashed. It was also the submission of the learned Advocate that if the instant Case is tried by Metropolitan Joint ...... Court of Sessions.— (1) The Government shall establish a Court of Sessions for every sessions division and appoint a Judge of such Court; and the Court of Sessions for a Metropolitan Area shall be called the Metropolitan Court of Session. (2) The Government may, by general or special Order in ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... Sheikh with Md. Osman Gani Khan, Assistant Attorney-Generals - For the State-Respondent. Md. Khurshid Alam Khan with Md. Nazrul Islam Molla with Md. Abdus Salam, Advocates -For the condemned prisoner-appellant. Hasna Begum, Advocate - For the Jail Appellant. Death Reference No.13 of 2007......ing in the north bhiti house, her father-in-law and husband's brother were sleeping in the western bhiti house. She further stated that at 2-00/2-30 'O clock of the night Zakaria awaking from sleep called her father-in-law, Zakaria told her father-in-law that he had found 3-4 persons to move from ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
.... 7 witnesses including the present appellants. Appellant No.1 Abdur Rahim deposed as P.W.1 and appellant No.2 Md. ldrish Miah deposed as P.W.2. It further appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......list witnesses. The Tribunal acquitted the accused but directed to send the copy of the judgment and order to the Magistrate concerned for taking legal action against P.W.1 and held that P.W.2 caused loss to the accused to the extent of at least Taka 20,000.00 and directed him to pay an amount of Ta..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and circumstances may conveniently be taken into account. Legal aspect touching the controversy is, also, required to be ruminated. 3. A detailed recounting of factual scenario is not essential and o......e decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, Court shall make an order setting aside the decree as against him upon such t......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment February 18, 2008. Result: The Rule is made absolute. Cases Referred to- Dr. Shadin Malik Vs. Government of Bangladesh, Writ petition No.117...... us the relevant file maintained by of the Respondent No.3, the Ministry of Establishment, connected with the appointment of the Respondent No.5 as Secretary-in-Charge in the Ministry, which has been called for earlier, in connection with Writ Petition No.7118 of 2007. The relevant file is numbered ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
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