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Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....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. ......hat such declaration is made in extremity, when the maker is at point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the man is induced by the most powerful consideration to speak only the truth. Notwithstanding the same, great caution must be exer......¦â€¦â€¦â€¦.Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantial......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
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ke misÂtakes……………………(38) When the language of any statute e.g. each sub-section of section 25B of the Special Powers Act, 1974 are clear on its plain reading, the Court has got no power or authority to alter the language of the said sub-sections to give effect with the supposed i......mption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......te party Judgment June 14, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Jud......bsp; The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court a......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......of preventive detention as contemplated in the Act be resorted to in detaining a person in custoÂdy. Nowadays, almost in all cases we find that the executive authority is indiscriminately using this power of preventive detention in cases of persons against whom F.I.R. has been lodged in a case unde...... a speÂcific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detention as contemplated in the Special Powers Act be resorted to in detaining a person in custoÂdy. In a case where specific criminal charge has been levelled...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......ation of the judicial mind by the Courts below and upon apparent wrong assessment of the evidence on record the Courts below comÂmitted error of facts and law and, as such, the revisional Court is empowered to assess the evidence on record as available independently and to come to a decision that t......is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
.... 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.
......e) Vs.AKM Latiful Karim, 1 BLC 567
28. Mr. TH Khan, learned Senior Advocate, read the relevant provisions of the Tenancy Rules, 1955 and submitted that the Settlement Officer rightly exercised his power under Rules 42 and 42A thereof in canceling the appellate order and asked the Appeal Officer t......overnment 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 (AD) 13; Anwara Begum Vs. Noorjahan ...... 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
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....লা the Ministry has been given discretionary power to grant lease of the Government khas land over a maximum of 15 acres of land in case the proposed লবন মহাল project is found to be financially and technically fit and that there is no bar for a Chairman to get lease for a লবন......having regard to the fact that under the provision of Clause 4 (Gha) of the লবন মহাল ব্যবস্থাপনা নীতিমালা the Ministry has been given discretionary power to grant lease of the Government khas land over a maximum of 15 acres of land in case the prop...... Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7....... 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)
.... 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 ......ide. The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of th...... The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of the Synd...... 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)
....r nature filed by the HBFC were pending before the District Judge, Tangail. Meanwhile Artha Rin Adalat Ain, 1990 came into being. In view of the new promulgated for realization of loan granted by the financial institutions those applications were transferred to the Artha Rin Adalat at the instance o......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. ...... July 12, 2010. Result: The rule is made absolute. The Bangladesh House Building Finance Corporation Order, 1973, (PO No.VII of 1973); Article 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'Distric......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
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....der, (iv) to prejudice the maintenance of supplies and services essential to the community, (v) to cause fear or alarm to the public or to any section of the public and (vi) prejudice the economic or financial interests of the state. Acts by which a person is sought to be prevented from indulging in......by an order of detention. A preventive detention is the deprivation of the liberty of a citizen, which right should not be taken away in an arbitrary manner and accordingly, this Court has been given power to review the actions of the detaining authority under Articles 102(2)(b)(i) of the Constituti..............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 trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in th......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
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ost the same. However, let us start with the submissions of Mr. Amirul Islam. Gist of his submission is that section 6 of the above Ain does not provide any principle or guideline for exercise of the power given to the Government under that section and, as such, in the absence of such guideline or a.........................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment May 21, 2003. Result: The Rules are discharged. The Druto Bichar Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the ......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....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. ......ory rolls along with machineries are returned to the accused petitioner on furnishing proper bank guarantee. 12. Now only question that survives for consideration in this Rule whether the inherent power under section 561A of the Code of Criminal Procedure can be exercised in giving direction for ......……….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 jimma, it is to be looked into that whether the applicant is the owner of the seized goods. The concerned Court i......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. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......e there is no misreading or misappreciation of the materials on record. Therefore, the concurrent findings of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(4) of the Code of Civil Procedure……………..(9) Lawyers Involved: ...... Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......hment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......he Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......o not been stated when and in what manner the detenu was asÂsociated with them so as to give rise to the satisfacÂtion in the mind of the detaining authority required for enabling him to invoke the power of preventive detention, with which he is Empowered under section 3 of the Special Powers Act,......................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......tion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality in affirming the order passed by the trial Court in exercise of his power under section 151 of the Code in the facts of the case. There was no lack of jurisdiction of t......ddin Chaklader J AKM Abdul Hakim J Md. Mostafa Rana…………………………Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Pr......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
.... Orders previÂously 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.
......e Applications for interim measures of protection and preservation under Section 7 Ka of the Act of the need for this Court to strike an essential balance between the tenÂsion evident in this Courts power and authoriÂty to direct such interim measures to be effectÂed and the prudence in not encro......s 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.
...... Orders previÂously 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
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....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. ...... It is a settled proposition of law that when the taking of evidence has already been closed and date was fixed for argument at this stage interferÂence in the proceeding of a Case in exercising the power under section 561A of the Code of Criminal Procedure is not permissible. 11. The learned Ad......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: The application is rejected. Cases Referred to- Sonatoon Nessa Vs. Haipattullah Sarker, 41 DLR (AD) 105; Abdul Kashem Vs. State, 43 DLR (AD) ......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
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... aggrieved by the proceedings as brought against them, filed an application under section 561A of the Code of Criminal Procedure before this Court. 9. The paramount consideration in exercising the power under section 561A of the Code of Criminal Procedure is that such an Order would preÂvent the...... This is an appliÂcation under section 561A of the Code of Criminal Procedure filed by the petitioners challenging the proceedings of Shahbagh Police Station Case No.48 Dated 25-1-2011 corresponding to GR No.48 of 20011 under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......ion provides provisions for framing Rules for the postings, promotion etc. of the officers under the judicial service and the Article-116 of the Constitution invests the Honourable President with the power of posting, promotion and discipline of persons employed in the judicial service in consultati...... 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.11736 of 2006; Masder Hossain......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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