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Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....l evidence is a question to be decided by the Court on two grounds i.e. (1) Court below most arbitrarily refused to admit a cogent and vital evidence; and (2) the appellate Court itself requires that some vital evidence should be adduced by the parties. The object of this opportunity as rendered by ......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...... 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..Category: Property Law | Date: | Hits: 88
.....
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents
Judgment
May 20, 2008.
Result:
The Rules are made absolute with cost.
Case Referred to-
Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (......r could not be made clear. Nor any authority could be placed before us on behalf of the manager to represent the estate. We also wanted to know from Mr. TH Khan about the present legal position of so-called manager representing respondent No. 2 and he could not give any positive answer.
56. Mr. M...... 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..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment July 21, 2003. Result: The reference is rejected. The Criminal Appea......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. ......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: ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... 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 touch of authenticity, but it also binds down the maker of the statement and makes him liable to prosecution if the statement is pro......ীতি সংরক্ষন পরিষদ, কেন্দ্রীয় কমিটি।” 30. He denied that he invited voters not tovote for the Petitioner due to his religion or that he called the Petitioner an agent of 'RAW', the Indian Intelligence Agency or maligned the personal cha......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......…………………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..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....he Minister; that the writ petitioner filed an application on 12.12.2005 against the action of the writ respondents for leasing out of the same to the writ respondent No.8; that the writ petitioner also filed an application to the committee for leasing out the land in question in his favour as per t......ned in respect of the writ petitioner; that the writ petitioner applied to the writ respondent No.1 on 01.02.2006 for leasing out 60 acres of khas land and not to lease out the same in favour of so-called 'Upakulio Bahumukhi Samabaya Samity Limited' and on the said application the Hon'ble Minister...... 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. ......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..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....f stranger purchaser…………………………(22) Section 4 of the 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 occupa......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......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: ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....03 corresponding to Lakshmipur Police Station Case No.20 dated 14.10.2003 convicting the appellant-petitioner under section 326 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 5 years and to pay a fine of Tk.1000/- in default to suffer rigorous imprisonment for a ...... 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......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..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....………………………Petitioner Vs. Jahangirnagar University and others……………………………….Respondents Judgment 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 A......n receipt of the written complaint including the medical certificate from the Chairman of the Department of Drama and Dramatics and two other written complaints from the two reporters, the University called an emergency meeting of the Syndicate on 21.10.2008. At that meeting, the Syndicate took deci......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 ...... 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)
....……………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The rule is made absolute. The Bangladesh House Building Finance Corporation Order, 1973, (PO No.VII of 1973); Artic......en the District Judge and the Artha Rin Adalat emanating from two separate legislations. Here in this case law is the same but the District Judge transferred the Miscellaneous Case to another Judge called 'Special District Judge'; according to him, of co-equal Jurisdiction under the same law. 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. ......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..Category: Property Law | Date: | Hits: 127
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....y delivered………………18 Testimony of eye-witness when cannot be doubted Testimony of eye-witness cannot be doubted where no allegation of enmity against the accused is alleged or reason for false implication given…………………19 Credibility of witness The credibili......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......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..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient owner and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…………………(9) The right of easement by pr......ement is partitioned or divided among the tenants there and for beneficial enjoyment of the share of one tenant he has got the right to pass over or to use the share of another tenant's land which is called the easement of necessity. Simply because a man is in dire necessity to pass over or to use......al Road, plaintiff and others have got no necessity to use the suit pathway. The suit is false and liable to be dismissed. 5. Oral evidence were adduced and local investigation was made at the trial. The learned Court on consideration of the materials on record decreed the suit upon the follo...... 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..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....d others……………………………Petitioners Vs. State and another……………………………Opposite-Parties Judgment August 8, 2010 Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248, 249, 403 and ......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……………..(......rted in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....AFM Ali Asgar J Jahirul Islam (Md.)..................Petitioner Vs. Rokeya Begum and others...................Opposite Parties Judgment July 21, 2009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rule 31 The Specifi......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ...... 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 consideration of evidences on record both oral and document......BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....ny of the following matters" occurring therein is wide enough to confer jurisdiction on the Family Court to decide a disputed legitimacy in a suit for maintenance or guardianship of a child. The reason is simple. The Family Court cannot decide the issue of maintenance or guardianship without dec......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. ......he mother and son to past maintenance for the period of 6(six) years prior to the filing of the suit and also for the period thereafter, and entitlement of the mother to deferred dower. 2. The trial Court and the appellate Court recorded decisions in agreement on some of the issues and with d......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..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....st Ananda Charan Kuri and the defendant No.1 for Specific Performance of Contract which was decreed on 30-9-1972 exparte. Against which defendant No.1 brought Miscellaneous Case for restoration and also brought another Title Suit No.46 of 1973 for cancellation of the exparte decree the said case tho...... 1994 affirming those dated 31-1-1994 passed by the Assistant Judge, Faridganj, Chandpur in Title Suit No.134 of 1992 are hereby upheld. 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 Rep......e. Against which defendant No.1 brought Miscellaneous Case for restoration and also brought another Title Suit No.46 of 1973 for cancellation of the exparte decree the said case though allowed by the trial Court but ultimately lost up to the High Court Division. Thereafter, the original Title Suit N......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul..Category: Property Law | Date: | Hits: 134
....………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revis......Government is hereby declared incorrect and wrong: and must be corrected in the name of plaintiffs.
17. Order of status 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 ML......e Code of Civil Procedure against the judgment and decree dated 01.08.2002 passed by the Joint District Judge, Court No.1 at Manikganj in Title Appeal No.203 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 be......on
(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.
Result:
Th..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....d others...........................Petitioners Vs. State and others ................................................Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without tri......, the words "Magistrate of the District" were defined as meaning the Chief Officer charged with the executive administration of a District in Criminal matters by whatever designation such officer was called. Under the present scheme of the Code, the Government shall appoint a District Magistrate who...............................Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimall......ted 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)
.... 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 right......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. ......unal 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 Tribunal...... Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....d through engaged Advocate to contest. 3. Rule being ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in...... evidence by the parties in the light of observation made in the appellate Court judgment should not be set aside or to pass order or orders as this Court may deem fit and proper. L.C records were called for. Rule was made returnable within 4(four) weeks from date. Pending hearing of the Ru......ge 1st Court Noagaon allowing T.A. 154/97 setting aside judgment dated 19.5.97 of dismissal of O.C suit No.197/94 by Assistant Judge 3rd Court Patnitola Noagaon and sending the suit for remand to the trial Court for further evidence was stayed for 6(six) month. Subsequently stay order was allowed to......0) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....tiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of ji......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ocedure which has been filed by the accused petitioners. 8. After completion of legal formalities, the case was sent to the learned Additional Sessions Judge and Special Tribunal Judge, Natore for trial before whom the petitioner filed an application for taking jimma for the seized goods but the ......is Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
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