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Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......es of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......te for 99 years. Their claim is that they have been in lawful possession of the property since the grant of their respective leases and that during the latest land survey the property in question was recorded in the name of the Waqf Estate. It is further stated in the petition that a Title Suit bein...... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....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. ......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. ......n of a person for election provided by or under any law and accordingly, Article 12(1) (c) of the PO 155 of 1972 has provided for disqualification of a person who is holding "office of profit" in the service of the republic or of a "statutory public authority". In this regard, referring to the decis..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ued that the provision of sub-section (8) is inconsistent with sub-clause (6) and as such sub-section (8) being a later provision has impliedly repealed sub-section (6). But this argument cannot hold good. Implied repeal is dependent on the intention of the legislature. Section 4 of the Ordinance...... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ...... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ..

Category: Others | Date: | Hits: 107

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....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. ...... is substantial force in the submissions made by Dr. Hossain. 20. In the instant case the petitioner being a permanent resident of Bangladesh which is recognised by the Government of Bangladesh by recording his address in Bangladesh as his permanent address having only his temporary residence in ......ning of resident.—(1) Save as hereinafter provided, a person shall be deemed to be resident in an electoral area if he ordinarily resides in the electoral area. (2) A person who is in Government service or holds any public office shall unless he otherwise indicates in writing to the Registratio..

Category: Constitutional Law | Date: | Hits: 386

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......gh duly notified, did not appear before the arbitrator Mr. Justice Abdur Rahman Chowdhury, as a result of which the case was taken up for ex parte disposal and the evidence of P.W.1 Mr. MR Sikder was recorded and documents were marked exhibits (Exhibits 1‑38). Thereafter, the learned arbitrator si......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......d as D.W. 8. Saifuddin Ahmed, a Surveyor of the office of the Deputy Commissioner was examined as D.W.9. 8. After hearing the learned Advocates of both the parties and considering the materials on record, the learned Assistant Judge, 2nd Court. Dhaka decreed the suit by his Judgment and decree da...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ...... the accused-petitioner and others misappropriated Taka 4,42,500 by selling 6 Taxi Cabs resorting to forgery. 3. During investigation, the Investigating Officer went to the place of occurrence and record­ed the statements of the witnesses under section 161 of the Code of Criminal Procedure. Havi......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......es and appreciating the evidence the trial Court passed the decree allowing maintenance to opposite party No.1 and her son. The Appellate Court also, it appears, thoroughly considered the evidence on record and came to the concurrent finding of fact that opposite party No.1 and her child are entitle...... Amici Curiae, we hold that there is no merit in this application and the Rule is, accordingly, discharged without any order as to costs. Before we conclude we must record our appreciation for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....conviction without any further corroboration as a rule requiring corroboration is not a Rule of Law but only a Rule of Prudence. 45. Law on Dying Declaration has been discussed and propounded in a good number of Judicial pronouncements of Apex Courts of Sub-Continent. We are not inclined to under......ase its conviction without any further corroboration as a rule requiring corroboration is not a Rule of Law but only a Rule of Prudence…………………………(44) A dying declaration may be recorded by any person who is available and it may be written or it may be verbal; it may also be in......oundation and the same stands ruled out. 53. Challenge had been mounted from the side of the convict-appellants in respect of the credibility of Dying Declaration. Contention has been pressed into service that the Dying Declaration suffered from a legal infirmity as because the deceased Ajoy Kuma..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....edit terms, when the raw materials had arrived the petitioner also failed to release the imported raw materials. So, at the request of the petitioner, the Bank by creating AAM facilities released the goods. The period of repayment of loan expired on 31-12- 1987 but the petitioner did not adjust the ...... of the recommendations as stated earlier. 11. Perused the writ petition, affidavits-in opposition, affidavits-in-reply submitted by the petitioner and respondent No. 6.Considered the materials on record and the submissions made by the learned Advocates for the contending parties. 12. We have ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..

Category: Constitutional Law | Date: | Hits: 334

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......peal No.3382 of 2003. Judgment AK Badrul Huq J.- The subject matter of challenge in this Criminal Appeal laid up section 30 of the Special Powers Act, 1974 is a Judgment conviction and sentence recorded by Druta Bichar Tribunal Dhaka in Druta Bichar Tribunal Case No.17 of 2003 by convict-Appel......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....nother Vs. Abdul Barik and another reported in 35 DLR (AD) 162 their Lordships observed paragraph 10: "Under Order IX, rule 13 of the Code if summons is not duly served on the defendant, that is a good ground for setting aside an ex parte decree. On a perusal of the relevant provisions of the Civ......nts have preferred this revisional 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 c......e Appellate Court have committed error of law which is an error in the decision occasioning failure of justice. 10. Mr. Faruq also placed annexure-A, the report of the process server regarding the service of summons and submitted that it would be evident from the report itself that the summons we..

Category: Procedural Law | Date: | Hits: 133

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....rst, that the person accused should know the nature of the accusation made; secondly, that he should be given an opportunity to state his case; and thirdly, of course, that the tribunal should act in good faith. There is really nothing more." 7. The learned Advocate referred the University of Dha...... in writing nor any witness was produced before them to substantiate the vague and unspecified allegations set out in the said show cause notices. It is further stated that no evidence whatsoever was recorded or existed and none of the witnesses was ever produced before the inquiry, committee or the......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......iced and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal of the accused without evaluating the evidence on record. Of course, evidence of interested witnesses who claim to have seen the occurrence is to be t......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Abdul Latif Howlader Vs. Additional Deputy Commi­ssioner (Revenue) & others, 1998, 27 CLC (HCD)

....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......r opinion the intention of the Bangladesh Rin Salishi Ain, 1989 is that it is a beneficial legislation for the citizens. Both the authority, the Board and the respondent 1 having had gone through the record and considering the reason for sale came to a finding that it is necessary to cancel and adju......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..

Category: Constitutional Law | Date: | Hits: 222

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....t and decree is barred by law and facts. She further submits that Subordinate Judge arrived at a decision based on guess and surmise. She also submits that the employee of the defendant No.1 acted on good faith and the defendant Nos.2 and 3 having been found in exclusive possession of the suit land ......s apper­taining to CS Khatian Nos. 385, 718, 1063, 1269 and 1655 of Mouza Khatlal under PS Khetlal, District Bogra belonged to Horekrishna Nath and Ramkrishna Nath in equal share; that the same were recorded in their names correctly in CS operation; that the said maleks entered into amicable partit......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....ld him about the occurrence. P.W.3 reiterated that he did not know anything about the occurrence and the IO did not record his statement. P.W.3 categorically stated that he knew the appellant to be a good person. 28. P.W.4 Alkas Uddin deposed that he did not have any knowledge about the occurrenc......n examined eight witnesses, while the defence examined none. The defence case, as it appears from the trend of cross-examination, is one of innocence and false implica­tion. 8. Upon conclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedur......en three persons, but he did not see the appellant amongst them. 23. P.W.1 denied the defence suggestion that the appellant served under him, but was not paid the money that was due to him for his service. He stat­ed that the appellant went to him at Barisal and gave him Taka 600 as a gift for m..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......and at the time of formation of the said enquiry committee, the Government stayed the process of appointments. The enquiry committed, at the time of holding enquiry, examined the connected papers and record­ed the statements of the witnesses as well as some persons who brought the allegations and f......e the same became infructuous and this Court by an order dated 27-2-2011 discharged the said rule. It has fur­ther been stated that since the instant petitions have been filed in connection with the service matter. Administrative Tribunal is the proper forum to ven­tilate the grievance of the peti..

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

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....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. ...... findings of fact can not be interfered with by the High Court Division under 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 propert......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. ..

Category: Property Law | Date: | Hits: 96