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Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......8. Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials b..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......cially one of a more or less public character. An office or employment is an office or employment which is subsisting, permanent and a substantive position which has an existence independent from the person who filled it, which goes on and is filled in succession by successive holders."…………â..Category: Constitutional Law | Date: | Hits: 466
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......ssport showing his permanent residence in Bangladesh. 4. Article 122 of the Constitution provides as follows: “1. The elections to Parliament shall be on the basis of adult franchise. 2. A person shall be entitled to be enrolled on the Electoral Roll for a constituency delimited for the p..Category: Constitutional Law | Date: | Hits: 386
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......a WASA. The district Kanongo demarcated the area of Razabazar canal and delivered the alignment to Dhaka WASA. Thereafter Dhaka WASA constructÂed the said work as demarcated by RAJUK. But due to the personal rivalry between the defendant Nos.5 and 6 the plaintiffs instituted the suit to stop the de..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......ng’ under section 415 of the Penal Code, 1860 The ingredients required to conÂstitute the offence of 'cheating' are as follows: "(i) There should be fraudulent or dishonÂest inducement of a person by deceiving him; (ii) (a) the person so deceive should be induced to deliver any property to..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......(SC) 1152. Mr. Chowdhury further submits that section 5 of this Ordinance should also be read along with section 23 of the Ordinance which will make it clear that this Ordinance is meant only for the persons who profess Islam. He also submits that the Family Court Ordinance has been introduced for t..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......quired to be judged taking into account the overall features of the case with a practical, pragmatic and reasonable approach in appreciation of the evidence led to drive home the guilt of the accused person and on the touchstone of a dispassionate judicial scrutiny……………………………â€..Category: Criminal Law | Date: | Hits: 98
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......cts fraudulently and stated further that before the filing of the suit the defendants died but the heirs of the defendants were not substituted but the plaintiffs obtained the decree against the dead person, and as such decree is a nullity when filed the case. 4. The plaintiff opposite party Nso...Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......llegal gratification of Taka 50,000.00 and held out a threat that if he refused to do so he would create disturbance in various ways in running his fish gher. But the complainant‑petitioner being a person of strong personality refused to concede to such illegal demand. The complainant‑petitioner..Category: Criminal Law | Date: | Hits: 130
....w cause notices Annexure‑E series to the main petition. He further submits that on receipt of information of serious examination of offence at Jagannath College Centre in the year 1987 a 7‑member Inquiry committee was formed to investigate into the matter by the Syndicate. The Principal and Vice......d identified the scripts which bore the fictitious signatures of fake invigilators. In the process it was found out that the scripts of a particular candidate has been written by not less than 3 fake persons not to speak of fictitious signatures of the fake invigilators. The smuggled scripts written..
Category: Constitutional Law | Date: | Hits: 300
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......ep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his behalf…………………………(3) Lawyers Involved: Md. Na..Category: Property Law | Date: | Hits: 71
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ditional Sessions Judge failed to apply her mind to the facts of the case and evaluate the evidence on record, which caused a serious miscarriage of justice resulting in the conviction of an innocent person. 14. Mr. Bashir Ahmed, the learned Assistant Attorney-General (briefly, AAG) appearing for..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. .......6791 of 2010 was filed against the appointments of the petitioners of aforeÂsaid four Writ petitions. This Court issued Rule in his Writ petition. It has been stated in this writ petiÂtion that no person, who got appointment illegally, is entitled to claim that he should be allowed to remain in s..Category: Employment/Service Law | Date: | Hits: 148
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......e documents have no evidentiary value under the Evidence Act. The learned Advocate for the petitioner failed to satisfy regarding the ownership of acquired property and as such he is not an aggrieved person in acquisition of the property in question. The learned Advocate for the petitioner submits t..
Category: Property Law | Date: | Hits: 73
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
...... others………………………………Respondent
Judgment
July 9, 2008.
Result:
The rule is discharged.
Principle of natural justice
The principles of natural justice that no person be conÂdemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as i..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......tle Suit No.296 of 1969 in the Court of Munsef, 1st Court, Sylhet which was re numbered as Title Suit No.49 of 1994 for declaration that the properties described in the schedule of the plaint are the personal properties of late Ramani Mohan Das Baishnab and the plaintiff is the only heir by inherita..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......nd go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or re-entering the country. Furthermore, under the provisions of Bangladesh Pass..Category: Constitutional Law | Date: | Hits: 147
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Jamil, son of Taiful Islam, Manager (Admin), Meghna Group of Industries as informant on 29.11.2006 lodged the First Information Report (F.I.R) with Gulshan Police Station alleging, inter alia, that a person identifying as Md. Nazrul Islam of M/S. Nazrul and Brothers, Police Station Sharishabari, Dis..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......………Petitioner Vs. The State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a fair chance of acquittal, a person may be enlarged on bail. Lawyers Involved: S.N. Goswami, Advocate - For the petitioner...Category: Criminal Law | Date: | Hits: 87
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