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Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

.....6.1996 addressed to the Respondent No.3 by the petitioner marked Annexure-D shows that it was made for supplying the petitioner with the inquiry report submitted by the Inquiry Committee and other relevant papers and the memo dated 2.6.1996 issued from the Office of the Respondent No.3 addressed ......llotted for showing cause and in the circumstances the petitioner instantly on 2.6.1996 filed an application to the Respondent No.3 praying for supplying him with the attested copies of the essential papers including the report of the Enquiry Committee which were never supplied to him earlier for ......ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,......ure-A to the petition, is declared to have been made 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. ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 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. ......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. ......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......64, sold the suit land to Siddiqur Rahman who sold the land to added defendants who mutated their names. 9. In support of plaintiffs' case, plaintiff examined 3 witnesses and also exhibited some documents. Defendants examined 11 witnesses and exhibited some documents. 10. Defendant No.21 alt..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....on. . . delay in examining the witness was unjustified and it would not be safe to rely on their testimonies………………….(51) Law on dying declaration Statement, written or verbal, of relevant facts made by a person who is dead, or who cannot be found under the circumstances of the c......nder Uttara police station; that on 6-4-1997 at about 10-30 PM, victim Shah Alam Babul along with hawkers namely Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in the Habib Market of Sector No. 5 of Uttara; at that time the accused persons took Shah Ala......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

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 for hearing the charge, in the case the petitioner could not appear before the concerned Magistrate and submitted petitions for allowing time on ground of his illness and for collecting requisite papers respectively. On 19-06-1991 the Magistrate allowed time to the petitioner with condition th...... Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High ......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. ..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

....inal Procedure having arisen out of two separate appeals, which in their turn arose out of one judgment in one Criminal Case, are heard together and disposed of by this common judgment. 2. Facts relevant for the purpose of disposal of these two Rules are that one Kafiluddin as complainant lod...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......riminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections......��………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when the vendor himself ca..

Category: Procedural Law | Date: | Hits: 111

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....s. Lal Mohor and others reported in IA page 54 and argued that no application under Order XLI Rule 27 of the Code of Civil Procedure 1908 can be considered under the circumstance as prevailing at the relevant time and their lordships in the Privy Council has categorically examined this aspect and re......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. ...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu...... this Court is only entitled to see whether the Courts below correctly assessed the same on the basis of evidence on record. He argued that the ground taken by the learned Attorney General that these documents have not been considered by the Courts below has no merit and therefore, no question of al..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....n the land. In support, he cited Osimuddin Vs. Bangladesh, 1 BLC 375 and Additional Deputy Commissioner (Revenue) Vs.AKM Latiful Karim, 1 BLC 567 28. Mr. TH Khan, learned Senior Advocate, read the relevant provisions of the Tenancy Rules, 1955 and submitted that the Settlement Officer rightly exe...... 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. ......h Court Division (Special Original Jurisdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo......of Land issued time to time, the Directorate of Land Records and Survey updated the maps and records of the land in the country. The petitioners did not acquire any right or title on the basis of the documents annexed to the writ petition from said Court of Wards Estate, which was holder of intermed..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....separate sentence was passed against them under section 144 of the Penal Code. 7. In order to appreciate the judgment of conviction and sentence, we intend to discuss the evidence insofar as it is relevant for the purpose. 8. P.W.1, Nurul Islam, is the informant in this case. He has deposed al......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. ......al Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment July 21, 2003. Result: ......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. ..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... objection was raised only with respect of Exhibits 50, 51 and 52. Be that as it may. The evidence admitted into evidence are now part of the record and I shall deal with their probative value at the relevant juncture. 48. Mr. Razzaque also referred to the decision in the case of Adusumilli Gopal......sion under his signature in pursuance to the order dated 10‑11‑2002 passed by the High Court Division. Abu Daud Md. Golam Mostafa, Assistant Commissioner District Election Office in charge proved papers marked Exhibit B‑B(40) series. Md. Alauddin Gazi, Manager Islami Bank Perojpur Branch as ......��…………………Respondents Judgment September 14, 2003. 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 a......ion of Respondent No.5 maybe declared void and the Petitioner may be declared as having been elected in the said constituency. 17. In support of his allegations, the Petitioner filed the following documents by making a separate firstly as Exhibit Nos.1‑45. 1. Exhibit No.1 ..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

.... This civil petition for leave to appeal is directed against the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.4764 of 2006 discharging the Rule. 2. The relevant facts of the case are as follows: 3. The petitioner Aminur Rashid Chowdhury filed Writ......ment of the High Court Division. 11. We have considered the submissions of the learned Counsel for both the parties and perused the impugned judgment of the High Court Division and other connected papers on record. 12. In view of the submissions of the learned Counsel appearing for the petit......ah 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 leave is g...... 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. ......ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ......he 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 documents legally brought on record decreed the suit on contest. Against the aforesaid Judgment and ..

Category: Property Law | Date: | Hits: 132

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. ...... simple hurt and therefore the Judgment of the Court below does not warrant any interference by this Court. 10. We have perused the Judgments of the Courts below, FIR, evidence and other connected papers attached with the lower Court records. We have already stated that out of 12 witnesses prosec......enal 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 section 320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be con...... 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. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....xonerated Mr. Sanowar Hossain from the allegations and charge brought against him at a meeting held on 23.9.2008. The Syndicate adopted all the steps for enquiry as noted above in accordance with the relevant provisions of law under Jahangirnagar University Act, 1973. On 21.10.2008, some unruly stud...... 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 ...... 6; 61 DLR (HCD) (2009) 744 ...... 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)

....No.51 of 2003 refusing to withdraw the Miscellaneous Case No.64 of 1998 (correspondent to Misc. Case No.39 of 1993) to his own Court from the Court of the Special District Judge, Tangail. 2. Facts relevant for disposal of this rule, in short, are that the present petitioner borrowed an amount of ......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. ......ivil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Moniruzzaman (Md.)……………………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The......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. ......ed in: 16 BLC (HCD) (2011) 237. ......n favour of the complainant having receipt the said amount of money and having made a commitment through a writing in a diary. After examination the lower Court record and the Annexures and the other documents available in case we could not see any mention of statements made by the accused petitione..

Category: Criminal Law | Date: | Hits: 102

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nd not the crime must figure 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 sentence………………26 Lawyers Involved: Abdul Mottal......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. ......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n......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

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....isturbed by this Court. The learned appellate Court has observed that for easement of necessity there should be absolute necessity and not only convenience. Section 13 of the Easements Act is the relevant provision for easement of necessity. In the several sub-sections of section 13 the word 'ne...... 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. ...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the...... 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. ..

Category: Civil Law | Date: | Hits: 189

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....roceedings of the above mentioned case was also stayed initially for a period of six months and thereafter it was extended for another term of further months of being expired on 13-11-2010. 3. The relevant facts for disposal of the Rule are that the opposite-party No.2 Md. Chan Mia filed a petiti......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. ......rted in: 16 BLC (HCD) (2011) 233. ......aken cognizance and framed charge against the persons and, as such, impugned criminal proceeding does not call for interference. 8. We have gone through the petition of complaint and other related documents annexed with the application and grounds taken therein. 9. The only question raised in ..

Category: Procedural Law | Date: | Hits: 108

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

.... order or 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 N......f on the basis of photo copy of the deed of agreement trying to grab the suit property. The defendant states that plaintiff is neither in possession of the suit schedule property nor he has got any papers in his possession relating to ownership of the suit schedule property. The property is in pos......BLC (HCD) (2011) 225. ......s that the defendant Nos. 1-3 entered into agreement with the plaintiff and defendant No.4 to sell the first schedule of the suit land on 24-12-1988. The defendant states that photo copies of all the documents relating to the suit property and deed of agreement and title deed of defendant No.1-3 hav..

Category: Civil Law | Date: | Hits: 153

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

....of disputed amount of dower, the plaintiff 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……………......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. ......12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of reco......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

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