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Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......y on its activities legally. To single out the petitioner from all the candidate as not suitable for police cadre, on the ground of his involvement with ‘Shibir’, leads us to believe that uniform principle had not been applied for the employment of the candidates. It also justifies the petitione......¦â€¦Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mass. 261 at P 220; Bangladesh Vs. Md. Matiar Rahman, 1982 BLD (AD) 109. Lawyer...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ...... person entitled to possession thereof. Being aggrieÂved, the second party petitioners have moved this Court and obtained the present Rule. 3. Mr. Formanullah Khan, the learned Advocate appearing for the second party petitioners has taken me through the impugned judgments and orders of the Court......s Judge has, without reversing those findings of the learned MagisÂtrate, set aside his order and has also directed the Magistrate to attach the proceeding shop-house under section 146 Cr.P.C. until determination of the dispute by a Civil Court. The learned advocate submits that unless the Court de..Category: Procedural Law | Date: | Hits: 116
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......06 of 2008. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Gazipur for confirmation of the sentence of death imposed upon the condemned-prisonÂers Nazma Barker @ Beau......espectively made her submission adopting the submissions of Mr. Md. Jamiruddin Sircar and Mr.Md. Monsurul Haque Chowdhury, the learned Advocates made as above. 14. The real question that calls for determination is, whether the impugned judgment and order of conÂviction and sentence is sustainabl..Category: Criminal Law | Date: | Hits: 99
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ...... 6. Mr. Md. Osman Gani, the learned Advocate appearing for the petitioner, submits that the learned Court of Appeal below erred in law in not dismissing the pre‑emption case as being barred by the principles of estoppel, waiver and acquiescence. The learned Advocate further submits that since the......us (pre‑emption) Case No.3 of 1990 dismissing the pre‑emption case. 2. Opposite Party No.1 as pre‑emptor filed Miscellaneous Case No.3 of 1990 in the Court of the Assistant Judge, Muradnagar for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 a......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......gment passed by the learned Assistant Judge, Companygonj, Noakhali and the findings recorded by the learned Court of Appeal below are well supported by the evidence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned Judgment dated 2......ave given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Suit being No.66 of 1996 in the Court of Assistant Judge, Companygonj Noakhali against the opposite parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the plaintiffs is t......itten statement engaging a lawyer. He furÂther submits that the Judgment and decree of the lower appellate Court is correct which calls for no interference by this Court. 8. Now the point for the determination is whether the Court below committed any illegality and material irregularity in passi..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......f law, would not by itself attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case ......1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While conÂcurring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......is true malafide act is also not protected, but then mala fide is to be pleaded with particulars constituting such mala fide and established by cogent materials before the Court."
10. Keeping this principle as enunciated the Courts of very high authority as referred to earlier, if we examine the ......ssed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
..
Category: Criminal Law | Date: | Hits: 84
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......e natural guardian for a minor male child above the age of seven years and that the Court passed the order of maintenance of two minor sons, who have been living with the mother violating the settled principle of law. 4. In her evidence P.W.1 Tahera Begum mentions that she married the petitioner,......eal No.14/1997 affirming the Judgment and decree dated 28‑4‑1997 passed by the Family Court (Second Assistant Judge, Bogra) in Family Suit No.48 of 1997 awarding dower and maintenance to the wife for the period of iddat for a sum of Taka 24,501.00 and in addition allowing maintenance for two min......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......also a fiscal legislation their Lordships discussing numerous decisions of the sub-continental jurisdiction observed and held that the Court-fees Act as a fiscal enactment and it is a well recognized principle of interpretation of statute that a fiscal enactment should be construed strictly and when......ahman Howlader, Assistant Attorney-General - For the Respondents. Writ Petition No.1251 of 2007. Judgment Md. Moinul Islam Chowdhury J.- The SuppleÂmentary Affidavit filed by the petitioner formed part of the main writ petition. 2. At the instance of the writ petitioner the instant Rule...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......ice Station No.26 dated 17-03-2003, under Section 19A and 19(f) of the Arms Act, convicting the convict appellant No.1 under Section 19A of the Arms Act Sentencing him to suffer Rigorous Imprisonment for a period of 10 years and convicting the convict-appellants No.2 and 3 under Section 19(f) of......the possession of the convicts and that, there is no legal bar to sustain the conviction based on the evidence of the police personnel. 10. In the facts and circumstance of the case, the point for determination, before us, is as to that whether the prosecution has been able to prove the case agai..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......primary duties. Articles 20(1) envisages that work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyÂone shall be paid for his work on the basis of the principle 'from each according to his abilities to each according to his work'. 58. Article 31 of......le 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh calls upon respondent Nos.1, 2 and 4 to 6 to show cause as to why the respondents should not be directed to establish Code Enforcement Authority as per Chapter-2, Code 2.1 of the Bangladesh National Building Code, 2006 and fu......be required for proper administration of the Code and as authorized by the Authority. 53. Section 2.3 of Part 2 provides for a 'Board of Appeals' to hear and decide appeals of orders, decisions or determinations made by the Building Official related to the application and interpretation of the Co..Category: Labour and Industrial Law | Date: | Hits: 163
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist......learned advocate has placed before us a decision reported in 43 DLR (AD) (1991) 102, Zakir Hossain and others Vs. The State and another. 13. None appeared to oppose the rule. 14. The points for determination before us are whether (I) the impugned order dated 21.10.2004,, passed by the learned ..Category: Criminal Law | Date: | Hits: 54
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... failure, it can not fall back upon the accused. In a criminal case, it is for the prosecution to bring guilt home to the accused. 44. In approaching and answering to the points drawn up, cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted pe......a - State defence Lawyer. Death Reference No.28 of 2005 Judgment Siddiqur Rahman Miah J.- This Death Reference being No.28 of 2005 has been sent by the Learned Sessions Judge, Meherpur for confirmation of death. This death Reference is directed against the judgÂment and order dated 1......ct is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone." 40. Now the point for determination in this death reference is whether the confessing accused Arman has caused death of th..Category: Criminal Law | Date: | Hits: 106
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ording to Mr. Ahmed, the peaceful coexistence of the tribal and non-tribal peoÂples, allowing nevertheless the former their entitlement to preserve their own way of life and culture. It is with that guiding philosophy that two accords prior to the Peace Accord of 1997 were entered into and which, a......tioners purport to challenge the execution, signing and implementation of the CHT Peace Accord, which is an agreement concerning the then political situation in the CHT, and as such under the settled principles of law, this Court or any other Court shall steer clear of any interÂference with or any......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outÂcomes as shall follow upon such disposa...... is an agreement concerning the then political situation in the CHT, and as such under the settled principles of law, this Court or any other Court shall steer clear of any interÂference with or any determination of any such political settlement or question. It is emphaÂsized in this regard by the..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediateÂly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediateÂly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ...... opposite party. Criminal Miscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tr......do not constitute any offence. The only stand taken is that there is no evidence against the petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherÂent power under section 561A of the code of crimina..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ...... not to correct a clerical error and is, therefore, without jurisÂdiction". 10. The points of law involved in the case referred to above and those of the case in hand are similar. Therefore, the principle expounded in the case referred to above fully applies in the facts and circumstances of th......t Attorney-General - For the State. Criminal Miscellaneous Case No. 6705 of 2009. Judgment Naima Haider J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of le......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......t, a reference may be made to the decision in the case of Anti-Corruption Commission Vs. Mahmud Hossain reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of......o show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the pet......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..Category: Criminal Law | Date: | Hits: 99
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......irregÂularity or fraud. d) Upon the facts proved the Court is satisfied that the applicant has susÂtained substantial injury by such" irregÂularity or fraud. 21. In view of the above settled principle that the proceeding under Order 21 Rule 90 is a separate proceeding and not a proÂceeding...... and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possesÂsion of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......dent No. 3 by the impugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo dated 17.5.2009 the petitioner moved this Ho......o Ward No.53. 5. An affidavit-in-opposition has been filed by the respondent No.1 denying the assertions made in the writ petition and stating that the petitioner was given additional charge to perform as Nikah Registrar on temporary basis for Ward No.53, due to vacancy occurred on the retirement......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......iction in appropriate case and can go into the fact and disturb the finding of fact, as for example, where the subordinate Courts have wrongly applied the law and procedure or not applied the correct principles relating to the appraisement of evidence or ignored the important pieces of evidence alto......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione......ayment because only 10% of the work was done by the complainant but more amount of bills was already withdrawn by her. 6. In view of the above facts and circumÂstances of the case, the points for determination is whether the case of the complainant under section 138 of the Negotiable Instruments..Category: Criminal Law | Date: | Hits: 99
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