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Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......um. It is further stated that accused Enamul came there and tried his level best to snatch away the accused Aza from his hands but failed; that the accused Enamul called others to make accused Aza free; that the witnesses gathered there hearing hue and cry and his elder brother Aftabuddin also c...... burden of establishing the guilt of the accused is always on the prosecution and the burden never shifts. The prosecution is bound to prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner. Subject to the exception in section 105 of the Ev......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......ceased when he was found by the informant party was not strong enough for him to make such a dying declaration pronouncing names of as many as 12/13 accused. 36. The dying declaration was not also free from suspicion. As alleged in the FIR accused Abul Kalam member who lost the last union parisha.......3 Jahirul Huq, wife P.W.4 Lai Banu and some of the witnesses he reached the place of occurrence and by flashing electric torch he found the deceased lying on the northern slope of the road. He heard from him (the deceased) about the occurrence in details and carried him to Patuakhali General Hospit...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......eport on 30.3.2006 stating, inter alia, that dispute over passage between party continued and as a result over petty incident involving the daughter of the complainant scuffle and the parties took to free fight on 14.12.22005 at 07.00 in the morning wherein the complainant was hurt. No evidence rega......posite party Nos.2-8 abducted the 6 years old daughter of the complainant at about 8 p.m. on 3.12.2005. At that time the petitioner was pregnant and her husband served in Malaysia which prevented her from going out to search her daughter. At about 10-30 p.m. opposite party Nos.2 and 7 came to her ho......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......way). (4) Runway clearance— A side clearance of 150m (500 ft) for international airports and 75m(250 ft) for domestic airports on either side of the centre line of the runway shall be maintained free of all obstructions including ditches for the full length of the runway including stopway. (......t-respondent threatened to demolish the writ-petitioners' building "Rangs Bhaban" should not be declared to have been passed without any lawful authority and is of no legal effect. It further appears from the main grounds that the writ petitions are designed to challenge the purporting order of ca......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......y report under section 173 of the Cr.PC. 8. On going through the FIR, it appears to us that the nature of suspicion so far it relates to the accused petitioners as attributed in the FIR is not free from doubt. The accused petitioners are in custody since 31.08.2006 and 23.09.2006 and it is ......petitioners and unknown 2/3 others alleging, inter-alia, that at night on 29.08.06 at about 12.00 p.m. out of previous enmity the accused persons called and took away his younger brother Mainuddin from his house but later on he did not return back his house. In the following morning at 6 a, m. t......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......he Misc. Case No. 4959 of 2001 filed under Section 561A of the Code of Criminal Procedure by the informant against the order of rejection of Naraji petition is not enough to keep this type of accused free from the clutch of trial because it will cause no harm to others or it will create no impedimen......Hasi Chowdhury and Labu Mollik made their appearance there in order to protect the accused and they did not allow the other witnesses to go to the place of occurrence to rescue the deceased from the hand of the accused-persons. 5. However, the seriously injured Kabul Kha was taken to ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......ents and trustees for and on their behalf. 7. The members of Parliament are debarred from holding any office of profit under the Government in any form so that they can be mentally unimpeded and free to speak generously in the Parliament on behalf of the people they represent, without any appre......embers of Parliament are the representatives of the people of their respective constituencies, as such, are agents and trustees for and on their behalf. 7. The members of Parliament are debarred from holding any office of profit under the Government in any form so that they can be mentally unim......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......ness. 39. Section 103 of the Code refers only to search of places and seizure of contraband article in course of such search and does not apply to search of persons. It provides for the right of free ingress of a police officer into a place for the purpose of search. On the other hand, the Act ......l-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this appeal under section 420 of the Code of Criminal Procedure, briefly, the Code, from the judgment and order of conviction dated 15.1.2005 of the Metropolitan Additional S......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......nior Assistant Judge, Bagerhat Sadar, Bagerhat shall dispose of the suit within six (6) months positively from the date of receipt of this Judgment. Learned Senior Assistant Judge shall be absolutely free in deciding the fate of the compromise decree i.e. the character of the compromise decree wheth......d suit by which a petition bestowed by plaintiffs-petitioners for amendment of plaint under Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision Petition had been offered a rejoinder from the side of defendant opposite party No.1 (b) by way of a Counter-Affidavit. 4. The legal de...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......s and evidence given in defence is that of innocence and false implication. The definite case of the defence was that victim at the relevant time was 19 years of age. The accused married her with her free will and volition, as well as with the consent of her father. The complainant borrowed money fr...... dock was examined under section 342 of the Code of Criminal Procedure, who repeated his innocence and led evidence in defence examining the victim as D.W.1. 5. The defence case as it transpires from the trend of cross-examination of the prosecution witnesses and evidence given in defence is th...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... the D.W.1, Abdul Aziz are not at all reliable. 11. The High Court Division held that the suit land was recorded in the name of the deity Luxmi Gobinda Jew Bigraha in the C.S. Khatian as a rent free jote. It also appears that there is no evidence on record that the deity ever migrated to India......the image continues forever and its property as the Debuttor property remains totally unaffected. ………(13) The plaintiff’s suit was not barred, the same not being brought within ninety days from the order of the government and treating the property as abandoned property under section 92 of......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......oke the hurricane. But the hurricane Material Ext. B is not broken one. In such case recognition of the accused persons and witnessing assaulting by P.W.1 by the light of the hurricane is not free from doubt. 26. P.W.4 said that she opening the door of the main hut with a hurricane ca...... the accused persons. Accused Afsar, Chandu, Motaleb, Motleb, Khaleque and Mannan entering the main hut took away cash money amounting Taka 12,100/-, three shirts of the deceased and a silver chain from the neck of the wife of the informant. After departure of the accused persons hearing hue and ......d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....ely on 20-4-2004 issued the letter revalidating the Licence Agreement deleting the 'exclusivity' clause 2.3 thereof pursuant to sections 89 and 90 of the BT Act, 2001 for ensuring healthy competitive environment, prohibition of anti-competitive and discriminatory practice in the telecom sector and i......e consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void. 34. The section imposes a restriction on the absolute freedom of the parties while entering into contracts but the same is circumscribed by the overriding......e but in spite of objections of the writ-petitioner, BTRC by memo dated 20-4-2004 (Annexure-A to the writ petition) in exercise of power under section 90 of the BT Act deleted "co-exclusivity clause" from the Licence Agreement permitting the writ petitioner to implement the project in terms of the L...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......with Article 152 (1). With Articles 59 and 60 in the Constitution local Government legislation became very much a subject matter of legislation within the terms of the Constitution. Parliament is not free to legislate on local Government ignoring Articles 59 and 60." On the question of scheme of ...... Rule was opposed on behalf of the respondent No.3, Secretary, Ministry of Land, by swearing an affidavit in opposition on 2.8.2003 although no such respondent is impleaded in this writ petition, but from the averments made in the body of the affidavit-in-opposition, it appears that in fact it was s......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....tisement for such appointments. It has been further stated that the Teachers Association of Rajshahi University observed strike in protest of the aforesaid illegal appointments and educational environment of the University has been disturbed and the University would suffer a loss of Tk. 1,25......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......ointments of 546 employees (3rd & 4th class) are illegal, collusive, inter alia and against the interest of Rajshahi University and for permanent injunction restraining the defendant Nos.1-5 from confirming the said appointments and also prayed for temporary injunction restraining them f......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......from the age-old monopoly in the control of flow and management of all sorts of communication of information. It decided to open up the telecommunication system to the public for participation in the free exchange of ideas, dissemination of information without restraints, dissemination of knowledge,...... the period of the licence up to December, 2004. None of the conditions contained in the licence did empower the Commission to cancel such licence at its sweet wish or whims and exempt the Commission from following the procedure laid down in section 46 of the Act and without notice or hearing. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......tands corroborated by other corroborative evidences. But Court is to find out whether it is made voluntarily or truthfully by accused. "Voluntary" means that one who makes it out of his own free will inspired by sound of his own conscience to speak nothing but the truth. 57. In Words ......her nine (9) indicted persons had been absolved of charge mounted against them. 10. HR Khan presented a Protest petition (Narajee petition) for calling to account the persons who stood liberated from the case. In Protest petition HR Khan, also, raised accusing fingers towards his own daughter S......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......Court. He submits that our is a Republic and our Constitution provides for government with consent of the People and such Government is only possible when they can elect their representatives by free fair and transparent election. But unless they have knowledge about the particulars stated in P......n J. - This rule was issued calling upon the respondent Nos.1 Bangladesh and (2) Bangladesh Election Commission to show cause as to why they should not be directed to secure to the voters particulars from the candidates for the election to the Parliament (House of the nation) in the form of inf......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......nt of the property has mutated her name in the record of rights and paying the taxes and other dues to different authorities and this fact is sufficient to show that the property in question "is free from encumbrances". 8. Leave was granted to consider the contentions that the......tion has been listed in the 'Kha' list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the list of abandoned properties. 2. The writ petition was filed challenging legal......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ...... a 4,28,310 was sent to the petitioner on 1‑7‑2001. The consequence of non‑payment of arrear bills was also conveyed to the petitioner. Telephone locking facilities are given to the subscribers free of cost. If the petitioner would have locked his phone, he could have avoided use of his phone ...... used to keep his telephone under lock by using locking facility and opened it when required. As a result, the monthly bill of the telephone remained within maximum range of Taka 33,534.46 as evident from the bill for June, 1998. The petitioner regularly paid the bills for 107 months. The petitioner......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
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