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Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....vernment of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chandra Bajpai Vs. Triloki Singh (S), AIR 1957 SC 444; Secretary, Ministry of Food Division, Government of Bangladesh, Dhaka and others Vs. MF Limited, a Private Company Limited, 44 DLR (AD) 166; Pratap Sing...... 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...... 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. ..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....l Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The...... 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. ......l-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7. Md. Zaimd Abedin, Advocate-on-Record—For Respondent No.8. Civil Petition for Leave to Appeal No.625 of 2009. (From the judgment and order dated 1st June, 2008 passed by t...... 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. ..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....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. ......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. ......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. ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....nough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Wri...... 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 ...... 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...... 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 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....9. ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ...... are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law does not make an exception to the forum and consistently mentions the words "District Judge" as the forum for making the application t......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
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. ......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. ...... The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall abso......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. ..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. ......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. ......ere it is contradicted by occular evidence 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 variances, discrepancies and contradiction and embellishment 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. ..Category: Criminal Law | Date: | Hits: 118
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. ......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. ......iff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama an......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. ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....case, the said finding cannot be interfere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Peti....... The order of stay 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) 491. ......r should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before the time has the better right i.e. the transferor cannot prejudice the right of the transfere....... The order of stay 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) 491. ..Category: Property Law | Date: | Hits: 134
....Court Division
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
R......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......of 1999, which affirmed the decree of the trial Court in dismissing suit.
2. On 01.12.98 the petitioner and six others instituted a suit being Title Suit No.78 of 1998 against the opposite parties for a decree declaring that their predecessors had title by way of 'pattan' in the suit land measuri......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... habeas corpus is a statutory right on the grounds recognised in the section and a part of the statutory right has become a part of the fundamental right guaranteed in Part III of the Constitution of Bangladesh after the Constitution of Bangladesh came into force in 1972. Wherever a detenu claims to......Begum Vs. People's Republic of Bangladesh, 40 DLR 210; Lessee Vs. Hoboken Land Co. 18 How 272, 276; Mir Abdul Baqui Baluch Vs. Government of Pakistan, 20 DLR (SC) 249; Byrne Vs. Kinematograph Renters Society Ltd., 1958‑2 All ER 579; Wiseman Vs. Borneman, 1971 AC 297; Schmidt B Secy. of State for H...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......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. ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....urt High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinnat Ara J Muhibur Rahman Manik and others...............................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment May 2......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. ......Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribun......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. ..Category: Criminal Law | Date: | Hits: 177
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....ent facts as narrated in the plaint in this case are, in a nutshell, narrated below: 3. The plaintiff who accumulated some money by dint of his hard labour in South Korea, subsequently returned to Bangladesh with that money. On 20‑2‑1995 he opened a current account in his own name at the Loca......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. ......bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estop......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. ..Category: Criminal Law | Date: | Hits: 130
....ection 241 read with section 245 of the Act for winding up of the company which was allowed by this Court by judgment and order dated 24-6-2009.
2. Mr. AKM Badrudduza, Advocate of Supreme Court of Bangladesh was appointed as the Official Liquidator.
3. Subsequently, the Official Liquidator fil......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.
......ection 253 of the Companies Act, if it deems fit to do so. The shareholders has adopted Special Resolution and the Official Liquidator also opined in favour of staying the winding up proceeding. Therefore, the application is allowed.………………(5, 6, 7 and 8)
Lawyers Involved:
Jashim Ud......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
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....tter from his son Sultan Ahmed demanded the said money from the petitioner and his father. The petitioner and his father delayed payment on various pretexts. On 10.10.84 the complainant returned to Bangladesh and demanded the said money from the petitioner who denied to have received the same from......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. ......nserting section 339B in Cr.P.C. they did not consciously make any corresponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......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. ..Category: Criminal Law | Date: | Hits: 110
....c of Singapore, represented by its duly constituted Attorney, Mr. Anwar Parvez, son of Late Sokil Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Petitioner
Vs.
Bangladesh Chemical Industries Corporation, BCIC Bhaban, 30-31 Dilkusha C/A, P.S. Motijheel, Dhaka a...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......t
Syed Refaat Ahmed J.- These are six Applications filed under Section 7 Ka of the Arbitration Act, 2001 (hereinafter referred to as 'the act") concurrent with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admi...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Shahanewas……………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………....... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......Trial Case No.20 of 1988 in the Court of Sessions Judge, Laxmipur and to submit a report to this Court personally within two weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in charge o...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....r sittings as thereof. (3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise Jurisdiction in one or more such Courts. [(3A) The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional Sessions Judge and Join......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......tioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.18937 of 2011. Judgment M Enayetur Rahim J.- This is an application for restoration of the above mentioned Miscellaneous Case under section 561A of the Code of Criminal......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....the petitioners are liable to be quashed. He also submits that the accused-petitioners had neither remitted nor received any money from abroad and the money transaction of the Company remained within Bangladesh and thus the ingredients of the offence of Money Laundering i.e. to transfer, convert or ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......ion Act, 2009, now pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. It appears that Md. Taufiqul Islam, an Assistant Director of Anti-Corruption Commission, Head Office, Dhaka as informant, lodged a first information report against the accused persons under section 2(ট)(অ) and......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....tigation it was detected that the name of the deceased is Zia Haider Khan Tipu (in short, Tipu) who hails from 1250, East Sewrapara, Mirpur, Dhaka. Tipu was in Japan for 12-13 years who had come into Bangladesh in 2000. He was living with his father and mother in their residence at Sewrapara but in ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......J.- This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Bicharak (District and Sessions Judge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him un......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
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