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Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....Appeal at the instance of Md. Anwar Hossain under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred to as 'the Ain') is directed against the judgment and order dated 19-7-2001 passed by the learned Judge, Nari-o-Shishu Nirjatan (Daman) Tribunal (hereinafter re......nds of accused Raihan Mollah. Moreover, there is no evidence from the prosecution side that the victim Raihana was abducted or kidnapped forcibly against her will. 34. In this case we have already noticed the charge framed by the Court below which is not in conformity with prosecution case. In th......ecord, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged forward from both sides shall be also addressed and considered by the court……………………..Category: Criminal Law | Date: | Hits: 74
.... application under Article 102(2) (i) (ii) of the Constitution of the People's Republic of Bangladesh was filed by Mr. Abdul Kader Bhuiyan and 17 others challenging a notice of eviction (Annexure-P1) dated 7-2-2008. Challenging similar eviction notices three other writ petitions have been filed, nam......Judgment
Md. Imman Ali J. - An application under Article 102(2) (i) (ii) of the Constitution of the People's Republic of Bangladesh was filed by Mr. Abdul Kader Bhuiyan and 17 others challenging a notice of eviction (Annexure-P1) dated 7-2-2008. Challenging similar eviction notices three other wr......there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Naray..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....titution, even though he is an elected representative. Because, at the end the legislature by deleting the provision, Explanation II from Article 12(1) of the PO 155 of 1972 vide gazette notification dated 8-8-2001 excluding "City Corporation" from the expression "statutory public authority" has cle......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......rt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Res..Category: Constitutional Law | Date: | Hits: 466
....69 of 2009 the Rule Nisi was issued under the following terms:
3. Let a Rule Nisi issue calling upon the respondents to show cause as to why the notification No.বাম/টিও-1/1(19)/2008/07 dated 6.1.2009 permitting respondent No.5 to function or to engage in activities as a trade organiza...... in short, in both the Writ Petitions is as under:
The promoters/sponsors of CMCCI took a resolution to form a trade organization amongst the businessmen of the Chittagong City Corporation area. A notice was published in newspaper notifying the matter to the public, in general and the businessmen...... in conflict with each other in such a manner as to harmonise them.
(2) The provisions of one Section of a statute cannot be used to defeat the other provisions unless the Court, in spite of its efforts, finds it impossible to effect reconciliation between them.
(3) It has to be borne in mind ..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....he superintendence, direction and control of the commission, prepare for that electoral area in the prescribed manner a draft electoral roll containing the name of every person who, on the qualifying date, (a) is a citizen of Bangladesh; (b) is not less than eighteen years of age; (c) does ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......ection 8 thereof, to the extent that they negate the right of the petitioner to be registered as a voter pursuant to Article 122 of the Constitution are repugnant to the said Article 122 and are therefore, unconstitutional and void and the respondents should not be directed to register the petitione..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are intermingled. 2. First Appeal No.597 of 1999 is directed against the judgment and decree dated 29‑7‑99 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No.284 of 1993 m......ircumstances, the plaintiff was compelled to ask the defendants to settle the dispute amicably and to that end appointed on 15‑9‑93 Mr. Justice Abdur Rahman Chowdhury as its Arbitrator and served notice upon the Board under section 9(b) of the Arbitration Act. The Board duly received the notice.......th Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with Miscellaneous Appeal No.289 of 1999. Judgment Gour Gopal Saha J.-These two appeals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are intermingled. 2...Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... No.2 (In Civil Revision No.1800 of 2004). Civil Revision Nos. 1800 and 2738 of 2004. Judgment Mir Hashmat Ali J.- The petitioner in the instant Rule challenged the Judgment and decree dated 18-1-2004 and 25-1-2004 respectively passed by learned Additional District Judge, First Court,......wner in possession of 48 decimals of land. For construction of Pantha Path (West). Notice under LA Case No.40-A/89-90 was issued upon the plaintiff No.1 for acquisition of 4 decimals of land. Another notice was issued for acquisition of 42 decimals from CS Plot No.158 upon plaintiff No.2. The plai...... Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defendants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession…..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....plication under section 561A of the Code of Criminal Procedure calling upon the opposite-party to show cause as to why proceeding of GR No.129 of 2004 arising out of Lalbagh Police Station Case No.21 dated 24-5-2004 under sections 406/420 of the Penal Code, now pending in the Court of Chief Metropol......dishonestly misappropriated it or converted it to her or his own use; c) That the accused held the property in fiduciary capacity. 28. On a plain reading of the First Information Report, we notice that the accused-petitioner and others took loan from the bank. It is a settled principle o......……………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one o..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....rieved by and dissatisfied with the said judgment and decree, the petitioner preferred Family Appeal No.01 of 1989 before the Family Appellate Court and District Judge, Shariatpur who by his judgment dated 16-8-90 affirmed the decree with certain modifications that the defendant petitioner shall pay......been given the power of Talaq. But under section 7 of Muslim Family Laws Ordinance some restrictions have been imposed in respect of Talaq. It has been provided that no Talaq will be effective unless notice of the same is given to the Chairman and if the Chairman or the Conciliation Board fail to co......petitioner sent the opposite party No.1 to her father’s house and he never maintained her or her child. In the meantime the present petitioner at the instance of the opposite party Nos. 2-4 married for the second time and refused to maintain the opposite party No.1 or her child. With that allegati..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....Dinajpur Kotwali Police Station on 26.11.1991 in respect of the stab incident administered on his son Ajoy Kumar Roy. First Information Report led to registration of Kotwali Police Station Case No.23 dated 26.11.1991. 8. In the First Information Report Informant brought to light version that he b......he charge. 35. On legal burden of proving guilt beyond reasonable doubt, the off quoted observation of Lord Sankey L.C. in Woolmington Vs. Director of Public Prosecutions (1935) AC 462 may be noticed which are couched in following language: "If at the end of and on the whole of the case t......rtionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punishable under section 302 of Penal Code. The second may be termed as "c..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....ule Nisi was issued calling upon the respondents to show cause why the respondents should not be directed to implement the recommendation made by the Sick Industries Rehabilitation Cell in its report dated 25-8-1992 (Annexure- 'E'-3 to the writ petition) and rehabilitate the petitioner's sick indust......he Ministry of Industries (respondent No. 1) failed to implement the recommendations made by the Sick Industries Rehabilitation Cell in its report dated 25- 8-1992. Therefore, the petitioner served a notice demanding justice to respondent No. 1 but in spite of that the respondent No. 1 did not make ......r as to costs. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a C..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....his Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment and order dated 62.2005 passed in Miscellaneous Appeal No.44 of 2004 passed by the learned Additional District......ord and came to know that Mahabat Ullah Sarker son of Harmat Ullah Sarker instituted the suit and got the ex-parte preliminary decree on 30.12.1987 and decree was signed on 8.1.2002 but no summons or notices were served on the petitioners and obtained the decree suppressing the facts fraudulently an......onal application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment an..Category: Procedural Law | Date: | Hits: 133
....vocates ‑ For the Respondents.
Writ Petition No.1578 of 1994.
Judgment
Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 31‑12‑90 issued under the signature of the respondent No.1 and impugned proceeding pursuan......
2. The 8 petitioners in this writ petition are students of the Jagannath College, Dhaka who appeared in the Degree Honours Examination of 1987 held in the year 1989. The petitioners were served with notices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be ......he year 1989. The petitioners were served with notices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be written in their respective hands to respondent No.2 for alleged offences of depositing answer script/papers written from outside the examination hall an..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... This Rule was issued at the instance of the informant‑petitioner Bachu Miah calling upon the acquitted accused‑opposite party Nos. 1‑14 and the State to show cause as to why judgment and order dated 10‑9‑86 passed by the learned Sessions Judge, Brahmanbaria in Session Case No.83 of 1985 a......lieving their evidence unless contradiction and inherent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbeliev......ent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal ..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
.... For the Petitioner. Not Represented ‑ For the Respondents. Writ Petition No.1901 of 1997. Judgment Qazi Shafiuddin J.- In this Rule the petitioner has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99 years by the Government of East Pakistan. Amir Hossain died on 27‑7‑70 leaving behind his..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....No.7570 of 1991. Judgment Siddiqur Rahman Mian J.- This Rule under section 115 of the Code of Civil Procedure at the instance of defendant-petitioner calls in question the Judgment and decree dated 10-5-1983 passed by the learned Additional District Judge, 2nd Court, Bogra in OC Appeal No.22......vnath was away from the suit mouza after her husband's death. The Government requisitioned the suit land for the purpose of fish seed multiplication farm at Khetlal vide LA case No.60 G/69 and proper notice was served before requisition. The defendant Nos.2 and 3 having been found in exclusive pos......ow Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of kh..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....also taken a cheque for Taka 10,000 from him, but the appellant was caught at the Bank when he went to encash the cheque. 27. During cross-examination, P.W.3 stated that he could not recollect the date of occurrence. He further stated that Alkas Ali came on duty after him. He stated categorically......r of the Bank, who deposed as P.W.6, categorically denied during his cross-examination that the appellant had informed them about issuing any cheque to the appellant under duress. 54. We have also noticed that the prosecution witnesses, namely P.W.2, who was a school teacher, P.W.3 and P.W.4, the......ge of 'threat', but once the act of extortion is actually committed, sections 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent dang..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tion Nos.1796, 2011, 1798 of 2011, 1799 of 2011 and 1800 of 2011 have challenged the letter communicated under Memo No. সিএসএসজে/নিয়োগ বাতিল/২০১১/১১৯ dated 3-2-2011 passed under the signature of Civil Surgeon, Sunamganj, cancelling the appointments......dvertisement was circulated by a letter communicated under Memo No. সিএসএসজে/নিয়োগ (৩য়-৪র্থ শ্রেনী)/২০১০/৪৬৬ dated 3-4-2010. The said notice was subsequently amended by another notification dated 15-5-2010. The petitioners and other......torney-General, Shafiqul Islam Siddique, Assistant Attorney-General and Swamp Kanti Deb, Assistant Attorney-General - For the Respondent No.1 and 2 (In Writ Petition Nos. 1796, 1798-1800 of 2011) and for Respondent No.1 of (In Writ Petition No.6791 of 2010). Khurshid Alam Khan, Advocate - F..Category: Employment/Service Law | Date: | Hits: 148
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......azi Gonj Thana Complex and the authority proposed to acquire .54 decimals of land including .11 decimal land of the petitioner from plot No.893. Accordingly, L.A. Case No.1 of 95-96 was started and a notice under section 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 was ......cember, 1997 leaving behind the petitioner as his legal heir. The disputed plot No.893 is situated to the contiguous northwest corner of the existing Thana complex. Steps were taken by the government for extension of Hazi Gonj Thana Complex and the authority proposed to acquire .54 decimals of land ..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....2-17,21-24, 26-31 and 33-36. Civil Revision No. 4301 of 1997. Judgment SM Emdadul Hoque J.-This Rule at the instance of the defendant-Government is directed against judgment and decree dated 15.06.1997 passed by the Subordinate Judge, 2nd Gout, Jhalakathi in Title Appeal No.106 of 199......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......der Section 115 of the Code of Civil Procedure except where there is no misreading and misappreciation of the evidence on record………………………….(11) Law on vested property Before enlisting the property as vested property the Government should take over the possession or l..Category: Property Law | Date: | Hits: 96
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