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....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......he year 1989. The petitioners were served with notices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be written in their respective hands to respondent No.2 for alleged offences of depositing answer script/papers written from outside the examination hall an......aka University. It was mentioned in the said letter that an inquiry committee has been formed by the University Syndicate to inquire into some allegations received with regard to irregularities and unfair means adopted in the Degree Honours examination of 1987 which was held in 1989 at the Jagannath......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....gave order to other accused to kill Shafiqur Rahman when accused Elahi Miah gave a dao blow on the head of the victim causing bleeding injury and then accused Yunus gave a dao blow on the palm of his right hand causing grievous bleeding injury. When victim's mother P.W.2 Ayesha Begum came to his res......ent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... has caused failure of justice and, as such, liable to be set aside. 10. In the result, the Rule is made absolute. Impugned judgment and order are set aside. The case is sent back on remand to the trial Court. Learned Sessions Judge, Brahmanbaria is directed to decide the case on the basis of the..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....shna Devnath purchased the 'Kha' schedule property measuring 491/2 decimals along with other lands in the benami of his wife and since purchase he used to possess the 'Kha' schedÂule land in his own right, title and interest and that Sree Krishna Devnath being in exclusive possession over the Ka an......ow Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of kh......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......requisiÂtion of Property Act and that is barred by limitation with the above pleadings. The learned Subordinate Judge framed issues and both sides adduced eviÂdence both oral and documentary during trial and in consideration of the same, the learned Subordinate Judge appears to have rejected the p..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....rated by P.W.5, a teacher of the School, who stated that none of the guards saw the incident. 52. The informant's version of the incident is that on the day in question, the appellant followed him right upto his room beyond his knowledge where the alleged attack and extortion took place. In our c......ge of 'threat', but once the act of extortion is actually committed, secÂtions 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent danÂg......t Ali, Biroldakoni, Haluaghat, District Mymensingh be released forthwith, if not wanted in any connection with any other case. 73. We hereby direct the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to take appropriate measures in accordance with ......nder sections 385/387 of the Penal Code. 6. The learned Additional Sessions Judge, Mymensingh framed charge against the appellant on 3-5-2003 under sections 385/387 of the Penal Code. 7. At the trial, the prosecution examined eight witnesses, while the defence examined none. The defence case, ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....urt of Subordinate Judge, 1st Court, Barisal for correction of record against Nalini Kanta and others and they got ex parte decree on 10.03.1963. Thereafter they mutatÂed their name in the record of right and have been possessing the said suit land by paying rent and taxes to the Government authori......der Section 115 of the Code of Civil Procedure except where there is no misÂreading and misappreciation of the eviÂdence on record………………………….(11) Law on vested property Before enlisting the property as vested property the Government should take over the possesÂsion or l......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... of 1988 have been started regarding the suit property and the plaintiffs have manufactured forged deed for grabbing Government vested properÂty and the suit is liable to be discharged. 5. At the trial both the parties adduced evidence to prove the case. The plaintiffs adduced 4 P.Ws. On the oth..Category: Property Law | Date: | Hits: 96
....conÂdemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or adm......tem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative……………………â€......l or administrative………………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that they could properly be described as unreaÂsonable…………………………(31)
......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.
..
Category: Administrative Law | Date: | Hits: 299
.... his name Raman Mohan Das Baishnab (Ramani Mohan Das Baishnabi) without mentioning his name of the Shebait of the deities. Knowing this said Ramani Mohan filed application for correction of record of rights and rivisional case no.32 of 56-57 of the office of the A.D.C. (Revenue) Sylhet was started a......wing the appeal and setting aside the judgment and decree dated 23.9.1995 and 30.9.1995 respectively passed by the learned Assistant Judge, Biswanath, Sylhet in Suit No.49 of 1994 dismissing the suit for declaration of title should not be set aside and/or pass such other order or further orders as t...... Revision No.1325 of 1973 and submitted that those exhibits clearly show that the committee had held a meeting and the President and Secretary of the Committee were nominated to act and managed the affairs of deities by people of the localities and the learned District Judge upon, considering the re......y failed to reverse those findings and thus committed fundamental error of law which is an error in the decision occasioning failure of justice.
12. The learned Advocate further contended that the trial Court has specifically recorded findings that the document of sale as stated in the plaint was..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment August 12, 2009. Result: The Rule is made absolute. The Constitution of Bangladesh, 1972, article 36 The Bangladesh Passport Order, 1973 The right of a citizen of Bangladesh as enshrined in Article 36 of the Bangladesh Constitution, 1972 to ......titioner 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. ......ternational Islamic University at Malaysia. The Petitioner is sought for as a guest lecturer in many educational institutions and organizations. He is regularly invited by the Ministries of Islamic Affairs of Kuwait, Bahrain, United Arab Emirates and Saudi Arabia to deliver lectures in Islamic aware......ust act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is appreciated however the High Court Division cannot condone the Government's act to restrict..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. ...... The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses were examined, but were not pr......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. ......€¦..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses were examined, but were not produced for cross-examination inspite..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. ......ereby caused family quarrel between 2 families, consequently at about 2.00 P.M. accused persons entered into his house with different deadly weapons and inflicted different injuries upon the son of informant named Majedul. Accused Taimur gave blow on his head and caused severe blood injuries, when h...... alias Toibur……………………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, Ad......etitioner has got fair chance of acquittal in this case. He further submits that although charge was framed on 13.7.10 and summons was issued upon the witness and there is no certainty as to when the trial of the case will be concluded and thus he may be enlarged on bail. 7. The learned Assistant..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....ds of bullets were recovered from the possession of convict appellant Mirza alias Mizan for which the accused could not show any license or paper. He further submits that the learned special Tribunal rightly passed the conviction and sentence which calls for no interference and as such the appeal sh......May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possessi......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......e sheet against-accused Mirza alias Mizan and Md. Abdul Matin under section 19A and (f) of the Arms Act. 4. Case record was sent to the Court of learned Senior Special Tribunal, Dhaka, for holding trial. 5. Special Tribunal No.17, Dhaka, framed charge against accused Mirza alias Mizan with acc..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....vendor within five months of the date of contract. In the alternative, it may be said that the contract would be matured if the plaintiff performed his part of the obligation. The vendor reserved the right to repudiate the contract on failure of the plaintiff to perform his part of obligation. There...... Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court m...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......hat the Court of appeal below has committed error of law resulting an error in the decision occasioning failure of justice in allowing the appeals without reversing all the findings arrived at by the trial Court and therefore, the judgment of the Court of appeal below is not a proper judgment of rev..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....ntinue to manage such interest as the agent of the Government till the last day of the agricultural year in which notification under section 43(2) is published or till the GovernÂment exercises' its right of possession, whichÂever is later. After the deadline prescribed by law the Mutawalli ceased......ent October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implÂication is the extinction of th......ar the trace of company's involvement in the deal rather speaks of the acquisition of land by an indiÂvidual in the name of a company. In any viewthe plaintiff's case is indicative of anything but a fair deal in the transaction. 16. Back to the question of law raised by the learned Deputy Attorn......rs to receive rent from raiyats or pattan-holders. More importantly, not a single contemporaÂneous dakhila against the pattan was produced in Court except one of 1996 which is again suspected by the trial Court as fabricated and indeed seems to be so created for the purpose of the suit. A pattannam..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......erested in the litigation; (viii) Where balance of convenience requires considering where the witnesses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before......ts in both the suits and contesting the same. 3. During continuation of the suit, on the conduct of the learned Judge apprehension crept in the mind of the defendant-petitioner that he may not get fair justice from the Court filed application before the learned District Judge under section 24 of ......esire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) Transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or, ..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......r power to acquire property in two likely situations. Firstly, if the property is needed and secondly, if the property is likely to be needed. A property is either needed or it is likely to be needed for public purpose or public interest, but while acquiring a property the Deputy Commissioner cannot......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ments alleging that the acquisition is for bona fide public purpose for the public interest. The learned Assistant Judge on 26-8-96 decreed the suit. 4. Against the said judgment and decree of the trial Court, the respondents preferred Title Appeal No. 219 of 1996 before the learned District Judg..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....ion 561A On exerÂcising jurisdiction under section 561A of the Code of Criminal Procedure, the High Court Division can not verify the proceÂdural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to q......ther order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in short are that: - One Md. Belial Hossain, acting chairman, Dupchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......of the Code of Criminal Procedure, the High Court Division can not verify the proceÂdural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started...Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....2-9-1949 for a further period of 30 years commencing from 1st Aswin, 1386 BS contending, inter alia, that the suit land described in the schedule belonged to Late Ashraf Ali Chowdhury in Khas-Dakhali right. The suit land was accredited low lands and was lying in unutilized and vacant condition. Late......agong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez an......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......property as per scheme plan and estimate to be submitted by Mutawalli, is required to be implemented soon for better management of the property and enhancement of income of the Wakf Estate. 5. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and mate......g the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff filed an application before the settlement officer for correction of the said record, which was rejected. Thereafter the pl...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... suit land is retainable by the Government and the plaintiff has miserably failed to prove his possession and the documents as adduced by the plaintiff are forged, collusive and illegal. 4. During trial the plaintiff adduced 3 witnesses while the defendant adduced 1 witness. The plaintiff also pr..Category: Procedural Law | Date: | Hits: 83
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....y any rent receiver or raiyat or tenant . . . Although people of the bazar and villagers use the water of the tanks, yet, it does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users…………………………..(6 & 7) ......ate. First Miscellaneous Appeal No.77 of 1969. Judgment Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injunction in a suit for declaraÂtion that auction sale of certain bazar was prematur...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......nd as such the plaintiffs are not entitled to any injunction with respect to the bazar. With regard to the area or extent of the bazar as said earlier it should be left open to be deterÂmined in the trial. As regards the two tanks the plaintiffs have claimed them on the ground that these tanks..Category: Property Law | Date: | Hits: 74
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......le if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh complaint. A naraji petition is a fresh complaint and a Magis......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......there is a prima facie case against the accused‑petitioner. Under section 172 of the Code of Criminal Procedure a Court is entitled to use a case diary not as evidence but in aid of such enquiry or trial. All that the learned Magistrate now requires to do is that on perusal of the naraji pe..Category: Criminal Law | Date: | Hits: 138
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