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Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

....e apprehension hat they may not be able to enjoy the benefit of ore than one ward of the Dhaka City Corporation in connection of this fact we may say that the writ petitioners did not come with clean hand. Moreover, their area has not yet been curtailed. 8. Both the learned Advocates have argued ...... more than one Union. We find that this amendment is in conformity with the policy of the Government to provide employment to more persons by issuing licence as Nikah Registrars. It is interesting to note that licence to both the petitioners ere granted after curtailing the area from another Nikah R..

Category: Civil Law | Date: | Hits: 79

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

..... His further defence ease is that the deceased used to work in a local rice mill where she had extra‑marital connection with one Mukul, the owner of the said rice mill, and that she was caught red handed on the date and in order to avoid public criticism she committed suicide. 7. The learned t......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..

Category: Criminal Law | Date: | Hits: 76

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....ered the said amount of money, having been induced by the accused Mollah Kamruzzaman. But yet, in the charge-sheet, the investigating officer simply implicated them as abettor alleging that they have handed over the misappropriated amount, as if, to commit the offence, referred above. Nowhere in the...... dishonestly misappropriated the same and thereby committed the offence punishable under sections 409/467/468/471 of the Penal Code read with section 5(2) of Act 11 of 1947. It is most interesting to note that before lodging the first information report the present accused-petitioners filed a compla..

Category: Criminal Law | Date: | Hits: 85

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

....he petitioner is that sub-rule (3) of Rule 5 is inconsistent with the provisions of Article 148 read with Third Schedule of the Constitution relating to oath of Member of the Parliament. On the other hand, it has been argued on behalf of respondent No. 3 that sub-rule (3) is in no way inconsistent w...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....strar can be licensed. This rule has been formulated by taking into consideration the need to create greater employment opportunities for the large number of Moulanas and unemployed people on the one hand, and providing efficient service for registration of marriages and divorces to the growing popu...... provided by rule 10 of the Rules. Thus the second argument of the learned Advocate for the petitioner also has no legs to stand. 15. Thirdly, as regards principles of natural justice, it is to be noted that the Government issues license to a Nikah Registrar who acts as the Government's agent and..

Category: Civil Law | Date: | Hits: 70

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....of Government fund by the Head Master of the said primary school from the Martial Law Authority, Bogra. 3. The case was then enquired into by an Assistant Inspector of DAB as well as by P.W.1 Md. Khandkar Nazmul Haque, (Retd.) Assistant Inspec­tor, Kurigram who after the enquiry having found a p......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..

Category: Criminal Law | Date: | Hits: 92

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

....ion is rejected. Cases Referred to- Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Mehinder Singh Gill Vs. Chief Election Commissioner, AIR 1978 (SC) 851. Lawyers Involved: NH Khandkar with KMS Hasan, Advocates - For the Petitioner. Writ Petition No. 4040 of 1992. Judgme...... the candidate which the Returning Officer has no authority to do under the law and the Election Commission directed that the earlier acceptance of the Returning Officer shall prevail over the latest note declaring the nomination paper to be invalid, for ensuring public confidence in the impartialit..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh, 4 BLC (AD) 257; Union of India Vs. Harjeet Singh Sandhu, AIR 2001 SC 1772. Lawyers Involved: AFM Mesbahuddin, Advocate with Khandker Difiruzzaman, Advocate-For the Petitioner. Karuna Moy Chakma, Assistant Attorney-General-......ned force and claimed his pension benefit as such member. Reliance in this connection has been placed on several decisions of the Appellate Division, mentioned above. 12. On the basis of the above noted decisions, the learned Assistant Attorney-General submits that the petitioner being a retired ..

Category: Employment/Service Law | Date: | Hits: 148

State Vs. Abdul Hatem, 2003, 32 CLC (HCD)

....cal evidence, long abscondence and fact and circumstances of the case it does not leave any reasonable doubt for a conclusion consistent with the innocence of the condemned prisoner and, on the other hand, it only points out that it is the condemned prisoner who is the perpetrator of crime who had k......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Criminal Law | Date: | Hits: 75

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

....ction (Additional Deputy Commissioner), Jessore, 20 DLR (SC) 336; Ahsanur Rahman Vs. Akkel Molla and others, 47 DLR 274. Lawyers Involved: Fazlul Karim with Mir Hashmat with Razbabul Kabir and Khandakar Aminul Huq, Advocates ‑ For the Petitioner. Md. Serajul Haque with Md Asrarul Hoque an...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..

Category: Election Law | Date: | Hits: 156

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

....ond what can be compensated for in costs.” In that case the plaintiff prayed for declaration of his right of distribution, exhibition, exploitation etc. of a dupe negative of a Bengali Film “Chandranath” and for a mandatory injunction directing the defendant to deliver the dupe negative of...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..

Category: Property Law | Date: | Hits: 65

Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)

....omplainant opposite party did not disclose the particulars of the alleged false document. 5. Md. Nazrul Islam Chowdhury, learned Advocate appearing for the complainant, opposite party on the other hand submits that taking of the signature of the complainant opposite party in a white paper itself ......e party did not disclose the particulars of the false document allegedly created by the petitioner. Section 29 of the Penal Code defines the “document” as follows: “The word ‘document’ denotes any matter expressed or described upon any substance by means of letters, figure or marks or b..

Category: Constitutional Law | Date: | Hits: 169

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....re the Appellate Division as a certificate for preferring appeal before the Appellate Division had been granted by the Court. 31. Mr. Rafiqul Haq has referred to the case of Abdus sukur Vs. Rikab Chand, AIR 1958 (SC) 52 and another decision at page 937. He also referred to the case of Guru Gobind......shown respect and honour to Chief Justice Shahabuddin Ahmed less, but he has shown respect for Rule of Law, Supremacy of the Constitution and the Independence of Judiciary more. 55. We are glad to note that Mr. Asrarul Hossain, one of the senior most practicing members of the Bar, being assisted ..

Category: Constitutional Law | Date: | Hits: 200

Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)

....asud obstructed them and forcibly kidnapped Jannatul Eerdous @ Sagorika by a red coloured microbus. Informant tried to resist them when accused Mostak inflicted dagger blow causing injury to the left hand of inform­ant and accused Moniruzzaman @ Chaklet pointed a pistol and thereafter, the accused ......ntence of the peti­tioners is commuted to rigorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...

Category: Criminal Law | Date: | Hits: 70

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

.... 9. On the above submissions, Mr. Islam prays for granting leave by this Division. Mr. M. A. Samad, learned Counsel, entering caveat on behalf of respondent No.4, the auction purchaser, on the other hand, has contended that the High Court Division rightly discharged the Rule by the impugned judgmen......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements. Ed. This Case is also Reported in: VIII ADC (2011) 685. ..

Category: Property Law | Date: | Hits: 48

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

....ffs used to exer­cise their right of possession in the suit land by letting out the same to the Manager, Aqua Marine Limited. On 27.09.1984 suddenly the defendants gave a notice to the plaintiffs to hand over pos­session of the suit land treating the same as vested and non-resident property. The p......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..

Category: Property Law | Date: | Hits: 54

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

....r to defray the cost of his treatment he offered to the plaintiffs to sell 33 decimals of land from suit plot No.373 at a consid­eration of TK. 4,25,000.00 and on receipt of a sum of TK. 2,00,000.00 handed over the documents of the said plot to the plain­tiffs for drawing up an agreement for sale....... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..

Category: Property Law | Date: | Hits: 72

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....plan is not part of master plan. 12. In the case of Sharif Nurul Ambia, 58 DLR (AD) 253 as relied upon by the petitioners the fact was that a plot situated at Bangabhavan Avenue, Ramna, Dhaka was handed over to the Dhaka City Corporation to construct public car parking place. But in violation of......vernment of Bangladesh and others reported in 6 MLR (AD) 68 observing: “On facts of this case it is found that in creating plot no. 36/A only lay out plan was changed and RAJUK in its meeting as noted above took decision for conversion of open space into a residential-cum-commercial plot. Only ..

Category: Property Law | Date: | Hits: 135

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....6 of the State Acquisition and Tenancy Act inasmuch as the daughter's sons were not relations 6. Mr. AY Salehuzzaman, the learned Advocate for the opposite party Nos.1 and 2, submits, on the other hand, that a prayer‑mat is not something of pecuniary consideration. In this connection he relied ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..

Category: Property Law | Date: | Hits: 75

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

....d Mohiuddin inflicted dagger blow on the face of Abdur Rahman causing him grievous bleeding injuries. Accused Shamsuddin assaulted Abdur Rahman with a Bew and accused Nazimuddin took a lathi from the hand of accused Mohiuddin and further assaulted Akram Ali and Abdur Rahman. At that time the informa......t lower part of liver and upper part of ascending colon found injured. About 1/2 Ib blood found in the abdominal cavity. 14. In his opinion, death was due to shock and haemorrhage due to the above noted injury which was antemortern and homicidal in nature. In his cross‑examination he has stated..

Category: Criminal Law | Date: | Hits: 73