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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. ......ccordingly the trial Court impleaded all the parties as was claimed in the written objection to have been left out of the proceeding and now the entire pre-emption proceeding stands in the name of 59 persons as opposite parties and no other parties appears to have been left out. The pre-emptee has n..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.
......ly published in the Gazette. In support a copy of attested Khatian No. 194 was annexed as Annexure-Y (4) but no Gazette could b Produced. After final publication of the record-of rights, an aggrieved person may institute a suit before the Land Survey Tribunal created under section 145 A of the State..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......nal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The appellants were members of t..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... Dacca 15 DLR (SC) 389; Azhar Hussain Vs. Rajiv Gandhi, AIR 1986 SC 1253; Bhagwati Prasad Dixit 'Ghorewala' Vs. Rajeev Gandhi, AIR 1986 SC 1534. Lawyers Involved: SS Halder, Senior Advocate (in person) AM Abdus Sattar Senior Advocate with Hari Ranjan Acharjee, Bivash Chandra Biswas, Shashanka ..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... 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. ......gly interpreted the provisions of the লবন মহাল ব্যবস্থাপনা নীতিমালা thereby misdirected itself in holding that the petitioner is not an aggrieved person and has no locus standi to claim lease for 60 acres of land. 10. Mr. Rajik-al-Jalil, the l..Category: Civil Law | Date: | Hits: 182
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... circumstances and the evidence on record the learned Chief Judicial Magistrate, Lakshmipur found the evidence of the witnesses credible and cogent and on the evidence of the doctor found the accused person guilty under 326 of the Penal Code for causing grievous hurt to Jarina Begum by cheni blows w..Category: Criminal Law | Date: | Hits: 91
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 ......arassment must be treated as direct and in our social condition the evidence of the victims cannot be brushed aside. 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 wh..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......unt of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawye..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......uality of evidence and not quantity that matters. In each case Court has to consider if it can reasonably be satisfied to act even upon the testimony of single witness for the purpose of convicting a person. There is no impediment is law in the conviction being based on the testimony of a single w..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......accused No.2 and the complainant agreed to the proposal and accordingly, the complainant paid Taka 1,60,000 to the accused Nos.1-2 in presence of other witness. On receipt of the money, the accused persons assured that the complainant would be sent to Bahrain as agreed by them. But the accused per..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ...... further contended that, after 5 months and 16 days of the said marriage, plaintiff No.1 gave birth to plaintiff No.2 on 23-03-1982 as a result of her pre-marital illicit relationship with some other person. So the defendant, on 06-10-1982, sent to plaintiff No.1 a notice of divorce by post. Thereaf..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....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. ......, this Court has been given power to review the actions of the detaining authority under Articles 102(2)(b)(i) of the Constitution and under section 491 of the Code.....................(14) When a person is detained by an order of detention, he has a Constitutional right under Article 102(2)(b)(i..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. ...... in the Ain will not affect the petitioners when the other conditions relating trial remains the same………………..(19) The Constitution of Bangladesh provides for right to speedy trial of a person accused of an offence and it is the duty of the Parliament to enact the law to ensure such ri..Category: Criminal Law | Date: | Hits: 177
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. ......dgment March 18, 2002. Result: The Rule is made absolute. The 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 cla..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......y No.1, let us quote section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficiency, etc of fund in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... a minute, but not invisible, difference also existed in the colour of the two sets of cheques. The additional letter "A", as pointed out by Mr. Huq, should raise suspicion in the mind of any careful personnel involved in banking sector. 11. Mr. Razzaq's submission on law point required us to tra..Category: Criminal Law | Date: | Hits: 130
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... the provision of section 138 of the Negotiable Instruments act which reads as follows: "138. Dishonour of cheque for insufficiency, etc of funds in the accused.— (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Criminal Law | Date: | Hits: 134
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. ...... 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 the meaning of section 2(f) (i) of the Special Powers Act..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ...... of section 339B. Section 339B Cr.P.C. reads as follows: "339B. (1) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and ..Category: Criminal Law | Date: | Hits: 110
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