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Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ker Government. It is further stated that "the boycotting of the proceedings of Parliament was continued to pressure the Government with the expectation that it would respond and solve the issue peacefully and constitutionally inside the parliament". It is stated that" the members of the Parliament ...... the subject matter of the writ petition is outside the scope of judicial review of the High Court Division, as such, the petition is not maintainable. It is further stated that the Constitution envisages separation of power, the Court should refrain from adjudicating upon the issue. It is denied by..Category: Constitutional Law | Date: | Hits: 344
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......not usurp the discretion of the public authority which is empowered to take the decisions under law and the court is expected to apply an objective standard which leaves to the deciding authority the full range of choice which the legislature is presumed to have intended. Even in a case where the de......dhenu Cattle Feed Industries AIR 1993 SC 1601; Sethi Auto Service Station Vs. Delhi Development Authority (2009) 1 SCC 180; Bangladesh Soya-Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management and Relief, 22 BLD 378=6 BLC 681; The Chairman, Bangladesh Textile Mills Corporation Vs. Nas..Category: Employment/Service Law | Date: | Hits: 208
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......f possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed land and on the death of Serajul Huq the disputed land devolved upon his full maternal uncle's son Ataul Huq and daughter Sayera Khatun as only heirs. Sayera Khatun relinqui......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......n the door of the attached bathroom, when the accused opened the door they saw the head of the daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was standing with a sharp paper cutting knife in his hand. Police bein......neck found severed. Defused harmotoma found on innertable of scalp. HVS taken and sent for detection of spermatoza. Report negative. 17. He also stated that in his opinion death was due to haemorrhage and shock following cut throat which were ante mortem and homicidal in nature. He identified the..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......d Advocate for the State, it was merely an omission which did not affect the admissibility of the deposition of P.W.2 who was quite competent as well as a natural eye-witness of the occurrence having full evidentiary value of his evidence. He, of course, admits that the evidence of P.W.2 Akter Hossa......PLD 1970 (SC) 13 & PLD 1958 (SC)203; Tawaib Khan and another Vs. The State, PLD 1970 (SC); Khushal Rao Vs. State of Bombay; Bharvad Bhikha Valu and others Vs. The State of Gujarat, AIR 1971 (SC) page 1064; Rameshwar Vs. The State, AIR 1952 (SC) 54 State Vs. Badiuzzaman 25 DLR page 41; State Vs. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......hchi came to learn that accused Dr. Md. Nurul Islam along with 14 others named in the F.I.R. and 15/20 unknown persons being armed with guns and deadly weapons like Farsha, Teta, rod, lathi etc. unlawfully trespassed into the said Dighi and started planting banana plants on the western side of the D......ogether and are disposed of by this judgment. 2. The prosecution case, in short, is as follows:- On 03.06.1994 at 20.15 hours one Abul Hasnat Chowdhury son of late Shamsul Alam Chowdhury of village- Keshail, Police Station- Badalgachchi, District Naogaon lodged an Ejahar with Badalgachchi Poli..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......mners and the appellants, as above. 15. In this case the prosecution examined as many as 18 witnesses and they are as follows:- P.W.1 Md. Nazmul Haque Swapan is the informant of this case and a full brother of the deceased Md. Enamul Haque Ratan, P.W. 2 Md. Mezbahuddin Mizu, P.W. 3 Khokan, P.W...... Additional Sessions Judge, 5th Court, Dhaka for confirmation of the sentence of death dated 22.08.2005 imposed upon the Condemned prisoners (1) Md. Saiful Haq @ A. Saiful, son of Nur Mohammad of village- Abdullahpur (absconding condemner but subsequently arrested), (2) Marfat Ali (still absconding)..Category: Criminal Law | Date: | Hits: 93
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......n-Chamber of the Appellate Division being duly constituted was hearing urgent stay matters. When the hearing of the writ petition was stopped, there was a total pandeÂmonium in the packed Court room full of lawyers resulting in total chaos and confusion. It may be noted that the petitioner Nos. 1, ......rst information report with Shahbagh Police station, Dhaka alleging that severÂal lawyers and outsiders (without naming any of them) broke the glasses of the doors and windows of the Building and damaged the files as well as the cars parked outside. The same has been recorded in Shahbagh Police Sta..Category: Criminal Law | Date: | Hits: 132
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......or the petitioners in this respect.
8. Mr. HR Sharif, the learned Advocate appearing in Writ Petition No.1472 of 1996 adopted the submissions made by Mr. Farooqui in this regard.
9. We have carefully gone through the relevant provision of President’s Order 16 of 1972, the Rules framed thereu......ed properties it is conclusive evidence that the building in question is an abandoned property where the owner either was not present in Bangladesh or his whereabouts were not known or he eased to manage or occupy the property at the time when President’s Order 16 of 1972 was promulgated on 16-2-1..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... that while promoting them to the rank of Lt. General his case was not considered as required by the Army Regulations, 1960. The petitioner has given details showing the seniority of the officers at page 9 of this petition. It is further stated that in spite of his seniority and better qualification..Category: Employment/Service Law | Date: | Hits: 244
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... the will concerned. They also considered a few cases cited by the learned CounÂsel on each side as to the requirements of law for proving the execution and attestation of the will. Reference may usefully be made to some of the execution and attestation of the will. 8. It was observed that "it a......appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataiah Vs. Venkata Subbaiah, AIR 1968 SC 1332; Purnima Debi Vs. Khagendra Narayan, 1962 AIR SC 567; Manindra Chondra Lala Vs. The Mahaluxmi Bank Limited (1944-45) 49 ..Category: Property Law | Date: | Hits: 80
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......dy has been named as "Standing Tribunal" in place of "Review Board". It is stated that though die capacity of the petitioners plants are 16 million bottles annually, the petitioners could not produce full capacity because of various reasons. In Writ Petition No. 728/90 the petitioner stated the prod......s case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......mer Bench heard the Rules on 12-4-83 and also on 13-4-83, and passed the impugned judgment. The appellant has contended that this Bench got no jurisdiction to hear the matter from 5-4-83, but knowing full well of this legal position this Bench illegally and with a mala fide intention to punish him, ......dging from various considerations, I cannot but express my strong disapproval of this deliberate and wilful assumption of power and jurisdiction which the learned Judge did not possess. If he was so eager to try the Deputy Attorney-General, he should have asked for the constitution of the bench from..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing resÂpondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......d his brother and sister. Then died AshrafÂjan on 12.11.58 at a ripe old age of 95. Ashrafjan was joint in mess with apÂpellant, who used to manage her property Ashrafjan's interest devolved on her full sister, plaintiff 1 and plaintiffs 2 to 5, the heirs of her step-brother. In Baisakh, 1368 B.S,......was inherited by his widow Ashrafjan and his brother Ismail. On Ismail's death his interest devolved on defendant-appellant and his brother and sister. Then died AshrafÂjan on 12.11.58 at a ripe old age of 95. Ashrafjan was joint in mess with apÂpellant, who used to manage her property Ashrafjan's..Category: Property Law | Date: | Hits: 73
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......ission to the petitioner for erecting a monument and plantation at Triple Corner of the Chatter in front of High Court Mazar and on that basis, the petitioner started the construction work within the full knowledge, inspection, guidance and supervision of the respondents and completed 95% constructi......undation) with the joint stock companies.
That Foundation was established for providing social service, charitable works and other social developments work, like education, green plantation, orphanage and others things.
3. The Hon’ble President of Bangladesh was pleased to send his “Baniâ€..
Category: Civil Law | Date: | Hits: 218
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parÂties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... result of any private inquiries made by him, he must communicate to the assessee the substance of the information so proposed to be utilized to such an extent as to put the assessee in possession of full particulars of the case he is expected to meet and should further give him ample opportunity to...... questions in the negative and against the revenue department and in favour of the assessee. The parÂties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......t the Mohasthangar Mazar as per the news published in daily newspapers. The respondent no. 3 has also issued office order to the SP, and the Commandant, RAB-12, Bogra, to ensure police patrolling and fulltime police force engagement at the Mahasthangar Archeological area. The respondent no. 3 is a l......e challenging the passivity the respondents in respect to their duties to stop construction activities in areas adjacent to the historical place, named, Mohasthangor which is a rare relic of our heritage. The petitioners also seek to bring this application by invoking Article 102 of the Constitution..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......of the Parliament during the passage of the concerned Bill and submitted that there was no indication that by the said Bill the Preamble and or any of the said Articles were amended. We have also carefully examined the said parliamentary proceedings and it appears that neither the long title of the ......y provision of the Constitution and, as such, it was not an amendment as contemplated under Article 142 of the Constitution. Their Lordships summarily rejected the writ petition in the following language: "Since the provisions of the 13th Amendment Act, as it appears to us, do not come within def..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... 4 bundles of clothes were taken out from beneath the bed. After opening the bundles wooden frames came out and in the middle of the frames there were hidden boxes and on opening the same the packets full of heroin came out which were numbered as 1.2.3. and 4. Box No.1 contained 500 gram ash coloure......ation with the Executive Inspectors of greater Dhaka and reminded them that the name and fame of the country is involved in the matter and accordingly directed the Inspectors to handle the matter courageously with utmost sincerity. Thereafter, said Director along with 8 Inspectors went to 1, Gulshan..Category: Criminal Law | Date: | Hits: 164
Abdul Gafur Sarder and another Vs. State and anoÂther, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... in the case out of enmity. He further submits that appellant No.1 is suffering from various diseases and is lying in Bogra hospital for treatment and that appellant No.2 is an old man of 75 years of age and both of them are close relations of the deceased persons. It is submitted that co-accused Mu..Category: Criminal Law | Date: | Hits: 97
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