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Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ismissing the suit on setting aside those dated 10.10.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 decreeing the suit. 2. Facts relevant for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit No.155 of ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ined the Rule. 8. Mr. Ozair Faruque with Mr. SK. Md. Morshed, the learned Advocate on appearing for the petitioner took me to the impugned Judgment and decree and as well as to the Judgment of the trial Court and formulated the following branches of arguments:- (i) Mr. Faruque referred to the ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ive, whereas main functions of local bodies are executive in nature………… Parliament has no function like these. Again, a local body, is a "body corporate" having perpetual succession with a right to acquire and dispose of property and to sue and to be sued. Above all, members of a Union Pa......ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ...... proceeding in the aforesaid case does not come within the jurisdiction of this Bench and as such the Rule was liable to be discharged. 14. By filing an affidavit-in-reply annexing an order of the trial Court dated 26.11.07, it is stated that further proceeding of the case was stayed until dispos..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Constitution which provides that an accused of a criminal offence shall have the right of a speedy trial. Speedy trial also has been incorporated in Criminal Procedure Code i.e. the......ar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Co......ub Hossain, learned Advocate appearing as amicus curiae, was of the same opinion of Mr. Abdul Malek but on the second point i.e. at any stage of the proceeding, learned Advocate added that, it is not fair to transfer a case when it is to continue before the Sessions Judge, or to that effect before a......a Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of ..Category: Procedural Law | Date: | Hits: 84
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....g 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. …………â......cumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DLR (AD)......number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....he petitioner was subjected to victimization for his trade union activities as because he was elected the President of the Trade Union of the employees of the Respondent No.1 twice and fought for the right cause of the employÂees and also he was subjected to discriminaÂtion as some other employees......without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......t his case, purportedly acting under the undue influence of the Respondent No.2 and 3, submitted a biased and motivated report on 20.5.1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26.5.1996, Respondent Nos.2 and 3 asked the petitioner to s......d Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43 DLR (AD) (1991) 209. Lawyers Involved: ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaint......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......onsideration of the statements of the writÂten statement…………(17) The High Court Division cannot act on a gazette notification that was not proÂduced and not exhibited in suit before the trial Court. ………………………………(17) Lawyers Involved: T.H. Khan, Advocate, w..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....n Bhuiyan, Jahid, Selim, Ruhul Amin and Amjad took him to the embankment of Baowania and then the accused Razzaq told to the accused Ali Hossain to hold the mouth of him tightly and Razzaq hit on the right leg with chapatti and the accused Sahabuddin also hit on his same leg with Chapati and that th......ater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, in......g Officer to take all steps in the matter of recording dying declaration of Shah Alam Babul. This speaks volumes about the veracity of dying declaration. This is, also, a clear manifestation of the unfair conduct of interested persons to get dying declaration of Shah Alam Babul recovered and the who...... standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, including age..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....able to be set-aside. 11. On the other hand, Mrs. Ambia Bulbul Reza, the learned Assistant Attorney-General, subÂmits that the Special Tribunal on proper consideraÂtion of the evidence on record rightly found the appellants guilty. She further submits that convicÂtion can be awarded relying on......tue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any goods' as contemplated in sub-sec......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. ......ed 25-11-1990 under section 25B of the Special Powers Act, 1974 against 5 (five) persons including the present convict appellants. 4. Eventually, all the charge-sheeted accused persons were put on trial before the Special Tribunal No.1, Panchagarh and charge under section 25B (2) of the Special P..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. ......d in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge 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......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. ......parties the learned Magistrate framed charge against the petitioner only under section 323 of the Penal Code by order dated 29-10-1997. 4. After framing charge the same was fixed on 01-02-1998 for trial on which the complainant opposite party No.2 filed hazira and prayed for time to produce the w..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....documents of title of its vendor cannot be nullified as a forged document when the vendor himself came before a Court and stated on oath that he is the real recorded owner supported by the records of right both old and new. It is only a competent civil Court which can make a declaration to that effe......diction in between the docuÂmentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consideration of evidence and come to a decision on the basis of the materials on recor...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......sed an order on 19.6.81, set aside the order of the learned MagisÂtrate and sent the case back on remand for re-hearing with three specific directions to be followed by the learned Magistrate during trial. After remand the case was renumbered as case No.269a of 1982 before the Additional District M..Category: Procedural Law | Date: | Hits: 111
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. ...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for deÂtention When there is a specific case against the detenue and the same is the subject mat......dual and curtailment of personal liberty. …………………………….(7) Cases Referred to- 20 DLR (1968) 1005; 28 DLR (1976) 117; Mrs. Tahera Islam Vs. the Secretary, Ministry of Home Affairs, GovernÂment of Bangladesh, 40 DLR (1988) 193. Lawyers Involved: Abu Sayeed Ahmed, Advo......ated here that the Preamble of Act XIV of 1974 reads as follows:— "Whereas it is expedient to provide for speÂcial measures for the prevention of certain prejudicial activities, for more speedy trial and effecÂtive punishment of certain grave offences and for matters connected therewith." ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
.... cannot be taken into consideration for the adjudication of a cause which had arisen earlier specially in a pre-emption proceeding, which has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to...... 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. ......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. ......ase finding that the pre-emptor is the owner of the contiguous land and, as such, they are entitled to pre-emption against the impugned transfer. 7. As against the judgment and order passed by the trial Court the pre-emptee-opposite party preferred Miscellaneous Appeal No.91 of 2008, before the l..Category: Property Law | Date: | Hits: 88
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. ......003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an affidavit at the end of any statement not only gives the same a to......r hand, the defence suggested that some of the members of the Awami League and Juba League etc. in that constituency were arrested by the law enforcing agencies because they were a threat to free and fair election. The Petitioner admitted that he did not make any written complaint regarding these al......lyaswamy reported in AIR 1961 (Mysore) 106 and in the case of Kamakhya Prasad Malaho Vs. Digendra Purkayastha and others reported in AIR 1987 (Gauhati) 80. It is noted that the latter case was at the trial stage and certainly the application of our Article 58 in such circumstances would not be appro..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....posite Parties Judgment August 22, 2006. Result: The appeal is dismissed. The Partition Act, 1893 (Act No. IV of 1893), section 4 A co-sharer of a dwelling house has an irresistible right under Section 4 of the Partition Act to resist a stranger from coming to an undivided dwelling......Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house or its appurtena......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......1/2 acres of land with a further prayer for a declaration that those deeds are not binding upon the plaintiff, as well as for partition of his share of the undivided dwelling house. 3. The learned trial court on detailed consideration of evidence of the witnesses and on proper scrutiny of the doc..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....hat about 30 to 35 people including the petitioner raided his dwelling hut by breaking the door and assaulted him. When his wife Jarina came to rescue him accused Daud dealt sani blow upon her on the right side of her head which caused bleeding injury. In his cross examination he stated he did not c......pondent Judgment December 14, 2009. Result: The criminal revision is disposed of with modification of sentence. The Penal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in secti...... 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. ......was read out to the accused to which they pleaded not guilty. Accused Daud, the accused-petitioner herein was absconding and charge was framed against him in his absence. It appears that in course of trial the prosecution cited 12-witnesses but only 5 were examined. The case of the defence is that t..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....e transposed as co-petitioner Nos.6-10. 3. The facts leading to the issuance of the Rule, in brief, are: 4. Petitioners Nos.1 to 5 are actively engaged in citizens' movements for securing basic rights of all persons, including safety and security in public institutions. Petitioner No.1 Profess...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha......lar the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natural justice, (ii) why the orders of suspension dated 25.10.200......me address on 25.10.2008. Since a teacher of the University has been assaulted the University Teacher Association called a program of abstention from duties including taking classes and demanding the trial and punishment of the students. From the date of the incident, the teachers of the University ..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....aping/Choosing SenÂtence The criminal and not the crime must figÂure prominently in shaping the sentence. Reform of the individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of senÂtence…………â......ere it is contradicted by occular evÂidence it may not be accepted…………………17 Scanning the evidence of witnesses by Court When scanning the evidence of witnesses the Court has to inform itself that variancÂes, discrepancies and contradiction and embellishÂment in essential parts......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. ......itness provided the Court can come to the conclusion that his evidence is honest and trustworthy………………………21 Enhancement Rule Question of sentence is a matter of discretion of trial Court and when that discretion is properly exercised along with the accepted judicial line, th..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that t......ed. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......al Road, plaintiff and others have got no necesÂsity to use the suit pathway. The suit is false and liable to be dismissed. 5. Oral evidence were adduced and local investiÂgation was made at the trial. The learned Court on consideration of the materials on record decreed the suit upon the follo..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
.... in force, this 2nd complaint on the self-same allegation and trial of such criminal case is barred under section 403 of the Code of Criminal Procedure. It is contended that the first inquiry officer rightly found that the dispute was ended in compromise at the instance of local people, and the comp......lf same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double je......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. ......nt case when the last order of acquittal was recorded on the basis of withdrawal petition of the complainant, it is difficult to say that the prior case was ended in acquittal in its true sense after trial to attract the essential ingredient of section 403 of the Criminal Procedure……………..(..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... plaintiff. The plaintiff states that the defendant No.4 is bound to transfer the second schedule of the suit land in favour of the plaintiff. The plaintiff alleges that the defendant No.4 has got no right to get the entire suit property transferred in favour of him without knowledge of the plaintif...... orders passed as to this Court might seem fit and proper. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 enter......part of the transferee as the purchaser and the seller was quite aware of the earlier bainapatra and the purchaser himself being one of the intending purchaser of the said bainapatra was not at all a fair transaction on his part. As such I find that the plaintiff acquired right, and interest in the ...... and the defendant No.4 who is the lone contesting defendant in the suit also adduced 2 witnesses including the defendant No.4 himself as D.W.1. The learned Senior Assistant Judge after conclusion of trialand on hearing the parties and on consideraÂtion of evidences on record both oral and document..Category: Civil Law | Date: | Hits: 153
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