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Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......petitioner who was opposite party No.3 in the election petition, also filed an objection. Pending hearing of the election petition, AHM Khaleque, the returned candidate died and his name was expunged from the election petition by an order dated 25-01-99. But ultimately, none of the opposite parties ......edure is very limited for me to see only whether the Court of appeal below has committed any error of law which has resulted in failure of justice. 13. The learned Additional District Judge by his independent consideration of the materials on record has concurred the findings of the Election Trib......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......2 (two) bighas 2 (two) chattak and 17 sq.ft. in C.S. Plot Nos. 355 (western part) and 354, recorded in C.S. Khatian Nos.12334 and 12214, being the holding No.11 and 11/1, Joy Chandra Nag Road, Dhaka, from the original admitted recorded tenants on 24.05.1954 by an Indenture of Lease in perpetuity and......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......itance which was not correct at all. They were owner by purchase themÂselves and not by inheritance from Late Haji Nasiruddin Allahwalla. There is no explanation about such wrong statement about the source of their ownership. Besides, the properties mentioned in the schedule of the power of attorne..Category: Property Law | Date: | Hits: 21
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......ependent is in the course of his employment or for the pursuit of his studies, residing in a country which was at war with, or engaged in military operations against Bangladesh and is being prevented from returning to Bangladesh, such person, or his dependents, shall be deemed to continue to be resi......aring. 6. Mr. M. I. Farooqui, the learned Advocate for the petitioners, submits that at the petitioners are citizens of Bangladesh because of their birth either in the then East Pakistan or in the independent Bangladesh; that they are permanent residents of the Mohammadpur area and residing at Ge......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....imself in the commission of murder, rather he disclosed that accused Shah Alam, Sanu and Siddik entered into the Doala Ghar for committing dacoity and they killed victim Noor Mohammed and there is no corroboration of the confessional statement made by the accused appellant and the learned trial Cour...... for carrying the dead body to Patuakhali, PW 2 Md. Babul admitted in chief that the accused appellant disclosed to him that a dacoity was committed in the Doala Ghar and the appellant escaped anyhow from there and the accused-appellant also went to the police station with Chowkider Shamsu and came ......harge under section 302 of the Penal Code illegally and, as such, the conviction and sentence tie based on the defective charge, that the prosecution examined all the interested witnesses and not any independent witnesses, informant PW 1 A Jalil admitted that accused appellant was the adopted son of......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......the court to have been written by the same person. But it does not specifically say by whom such comparison may be made. Construed in the light of English law on the subject, which is the legislative source of this provision, it is clear that such comparison may be made by a handwriting expert (Sect..Category: Procedural Law | Date: | Hits: 85
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......€˜A’ issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pourashava has been curtailed unlawfully from the Nikah Registry area of the petitioner contrary to the provision of law and rules as the pet......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......efore the respondent on 28-12-93 under Rule 8(6) of the Muslim Family law. During the pendency of the review petition when he has been functioning as a Nikah Registrar he came to know from a reliable source that ward No. 47 has been taken out of his jurisdiction by an office order passed on 1-7-98 a..Category: Constitutional Law | Date: | Hits: 109
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
.... place of occurrence as to give a chance to the witÂnesses to recognize them, (iii) the recogÂnition of the accused persons by P.W.2 and P.W.6 in the light of the hurricane-lantern has not received corroboration from independent or disinterested witÂnesses. One hurricane-lantern has been seized i...... Local Union Parishad, who went to the hut of the deceased in the morning, P.W.4 is the nephew of the deceased, P.W.6 is the daughter of the deceased, P.W.9 whose house is at a disÂtance of 1/4 mile from the place of occurÂrence went to the hut of the deceased in the morning, P.W.10 is also brothe......ence passed by the trial Court. The High Court Division on assessment of the evidence and upon consideration of the materials on record arrived at the conÂclusion that: (i) Corroborative evidence by independent witnesses about recogniÂtion of the appellants is lacking, (ii) there is hardly any cha......e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516....... with the said deed of gift and admittedly the plaintiff went to the sub registry office alone and her husband did not accompany her at the sub registry office and the deeds in question were obtained from the plaintiff, a pardanshin illiterate woman and that though the learned advocate for the defen......both the Courts below found that the plaintiff was a paradanshin woman and the defendants could not proÂduce any evidence to prove that the said deeds were executed and registered by her with proper independent advise given to her as required under section 16 of the Contract Act and that admittedly......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...Category: Property Law | Date: | Hits: 26
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......Wadud Bhuiyan, learned Counsel, appearing for the petitioner subÂmitted that the High Court Division failed to consider and evaluate exhibit-C, D, G, I, J, K, M and thus the impugned judgment suffer from misreading and misunderstood the evidence on record including the benami character of the kabal......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......hob Lal Ghosh and his other four brothers. On the other hand, the defendant stated that "Kha' scheduled property was the self acquired property of Keshob Lal Ghosh who purchased the same from his own source of income and personal wealth. It is admitted that 'Kha' scheduled property measuring .142/3 ..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. Â ......the petitioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petiÂtioner. 9. It appears from the record that the petitionÂers are individual tax-payers under separate tax identification n......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. Â ...... On 9-9-2007 an FIR being Kotwali Model PS Case No.24/216 corresponding to ACC GR No.1 of 2007 was lodged against Tariqul Islam and the petitioners for acquisition of assets disproportionate to known source of his income. After completion of the investigation, the police submitted a charge sheet aga..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......15Ka, 15Kha, 15Gha(5) of the Emergency Powers Rules, 2007. After investigation, charge-sheet no. 189 was submitted on 29.04.2007 before the Metropolitan Senior Special Judge, Dhaka, with due sanction from the Commission. The learned Senior Special Judge, Dhaka, took cognizance of the offence and sen......, on the basis of the depositions of the PWD officials and Ext. 16, held that he concealed the excess cost for construction of the said house. But the High Court Division did not consider them either independent or expert witnesses, rather, found their valuation unreliable. The High Court Division, ......lementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, bringing the allegation of concealment of total Tk.3,27,88,465/-which he allegedly acquired beyond his known legal source of income and the learned Special Judge framed Charge under sections 26(2) and 27(1) of the A..Category: Anti-Corruption Laws | Date: | Hits: 231
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ...... the respondent nos. 1,3 and 4, and also the petitioner to furnish reports in respect of the steps taken to implement the directions made in the judgment dated 15.7.2001, within a period of one month from the said date and fixed 1.6.2009 for further orders. Accordingly, reports are filed on behalf o......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......over the bed of the river Buriganga. 6. Referring to the news-papers and from her own ghastly experience, the learned Advocate submits that Hazaribagh tanneries alone are the largest and the worst source of toxic pollution. This place, she submits, is the cancerous area in the Dhaka Metropolitan ..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ...... to move the High Court Division of the Supreme Court of Bangladesh, under Article 102 of the Constitution of Bangladesh, praying for appropriate relief relating to the matter of control of pollution from industries/factories situated up and down the country. 2. BELA has been registered as an ass......On behalf of the respondents, Mr. Md. Zahurul Islam, Assistant Attorney General, files an affidavit in opposition. 16. After a historic war of liberation, the people of Bangladesh, established an independent and sovereign country of their own and through their Constituent Assembly gave themselve......s, is a cause of an indeterminate number of people in respect of a subject matter of public concern and it appears, on the face of the writ petition itself, that it has devoted its time, energy and resources to the alleged ill-effects of FAP-20, it is acting bona fide and that it does not seek to se..Category: Environmental Law | Date: | Hits: 345
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......al incapacity" or 'gross misconduct' against Mr. Justice KM Hasan or Mr. Justice Syed JR Mudassir Hossain. It is claimed by the petitioners that both of the aforesaid judges enjoy the highest respect from the Bar. There was never any direction on the part of the President/Government to hold an inqui......nderstood but cannot be precisely defined. Dr Hamid then submits that the independence of the judiciary is a basic structure of the Constitution. The purpose of Article 94(4) is that a judge shall be independent all through his service as a judge. Supersession is an exception and repeated supersessi......rom the memorandum that the Chief Justice had indicated when sending four names that all were competent and that seniority should be respected. But no such averments were made in the petition nor the sources of such information were disclosed. It is a question of fact and no attempt was made by the ..
Category: Constitutional Law | Date: | Hits: 126
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ...... by one kabala. There is no presumption of jointness in the Muslim Law. The presumption under the Muslim Law is that the Muslim families are separate. The purchase made by the mother and the Sons are independent purchases and accordingly the purchases made by the pre-emptee Nos.1-4, who are stranger......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... issue of 9-1- 2001 published an article titled “Murder at DB Office. Hearing of Case again adjourned.†The article was relating to murder of Jalal on 25-03-99 whose decomposed body was recovered from a roof-top water tank of office of Deputy Commissioner DB and Deputy Commissioner (South), 36 M......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......te Qamrul Islam she was told to keep away from the Court; that Halima and her children have been subjected to physical assault, harassment and intimidation since the brutal murder of detective branch source Jalal Ahmed Shafi; that two men in plain clothes identifying themselves as relatives of the m..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......e, rather the same is a bonafide statement on the present situation of the country. 6. During hearing of the three applications we wanted to call for the official version of the Prime Minister from Prime Minister’s office with regard to the impugned portion of the interview with the BBC as ...... Cognizance, and Jurisdiction 31. This Division may suo moto or on the information received takes cognizance of an offence of contempt. The jurisdiction is sui generis and has developed an independent corpus of rules which originated in the Common Law of England consists of a special set ...... justice in our country†…………â€The rate of conviction of the accused in various crimes is pathetically low. Big economic offenders almost invariably go scot-free using their considerable resources.†Mr. Islam said that even after such statements made in presence of the Chief Just..Category: Criminal Law | Date: | Hits: 49
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....¦°à¦¿à¦¤à§‡ পারিবে।†Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ...... setting aside the order of dismissal. This is the Miscellaneous Case No.17/90. Order IX, rule 9 provides, “Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to ......¦°à¦¿à¦¤à§‡ পারিবে।†Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ...... objection is taken. 20. Almost all the High Courts of the Indian sub-continent have exercised the power of expunction of objectionable passage from the judgment of the subordinate Courts. The source of this power can be traced to English Common Law. The legal systems of the countries of our ..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......t, but helped the accused Nos.3-7 in purchasing one of the four sub-divided plots (made out of said two plots) in the name of their company Janata Publishing Ltd (whose directors are the accused 3-7) from the two accused-allottee who are accused Nos.10 and 17 and another imposter accused since acqui......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......revention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby committed an offence under section (91)(e) of the said Act of 1947. ..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......onths and six months respectively while acquitting the remaining accused persons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took away from the Case land paddy grown by the complainant and thereby caused him a loss of Taka 10,000.00. ......hereon and the reasons for the decision. This necessarily implies that the appellate Court while disposing a criminal appeal must consider at least the material evidence of the Case and arrive at his independent conclusions on all material points at issue. Mere saying that it concurred with the find......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
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