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Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......crore. 9. Mr. Rafique-ul Huq, learned Advocate for the applicants, submits that the joint survey was conducted beyond knowledge of the applicants and the notice for eviction is illegal and without jurisdiction. 10. We shall address this point later. (4) This is an application for review of ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....nment from twenty five years to ten years. The sentence awarded against the convict-petitioner under Section 19(f) of the Arms Act is maintained. Both the sentences shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this ca...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....rds to the above facts and circumstances the death reference is rejected with the modification of sentence of Delowar Hossain as the record goes to show that the previous record of Delowar Hossain is totally nil and he is a man of young age of only 28 years at the time of examina­tion under section...... of Md. Abdul Ali Vs. State, report­ed in 20 BLD 327 = 6 BLC. 26. In the reported case this Court found that the witnesses could not prove the manner of occur­rence, as such, it was held that in absence of any evi­dence of dacoity by any of the witnesses and in absence of any recovery of any a......an be placed on such belated disclosure of the name of any accused. But there appears no such explanation from the side of prosecution. 52. In this regard we can also rely on some decisions of our jurisdiction. The Appellate Division in the case of Nowabul Alam Vs. State, reported in 15 BLD (AD) ..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

.... Srabon, 1267 BS the suit land along with other lands of previous khatian No.31 was given in possession of Goura Chandra i.e. 0.42 acres of land of dag No.513 and 0.24 acres of land of dag No.514, in total, 4.61 acres of land, i.e. the land of ‘ka’ schedule to the suit land. In the plaint the la......rice? 6. Whether plaintiff erected homestead in the part of Ga schedule since 1952 AD and possession Ga schedule land and it was under care and custody of Gani Miah and Joynal Abedin since 1966 in absence of the plaintiff? 7. Whether the title of defendant Nos.5-22 extinguished or title of def......since his knowledge in 1979 AD, he has lost right of challenging proceedings of certificate case in question." On issue No.10, learned Judge inter alia on reference to the several decisions of Indian jurisdiction held that "so, in view of above principle the effect of section 66 is not to make benam..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

.....C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period of 120 days plus 30 days and a total of 166 working days had already passed and accordingly ordered that the pro­ceeding be stoppe......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......al of the accused in the interest of justice or at least make some observation as to the necessity of making fur­ther amendment in the law authorising the superior Court to interfere in its inherent jurisdiction in cases where heinous offences go unpunished because of the provisions of section 339C..

Category: Procedural Law | Date: | Hits: 102

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

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....gainst the dues. The respondent No.6, Commissioner of Customs, Mongla Customs House, Khulna also wrote on 25‑6‑2002 to the Superintendent of Customs, Excise and VAT, Khulna Circle‑1 stating the total dues at the rate of 15% VAT amounting to Taka 9,18,616.57 for the period July 2000 to April 20......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......gards Jarip Sangstha cannot be legally extended to the PSI Agency. In the international field the present petitioners may have to do survey works if they are appointed to do so, but in our context or jurisdiction and under the VAT Act the petitioners cannot be termed as surveyor. 18. Among the ci..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....anspires that the petitioners of the petition as allottees of Government were allotted .75 acres of property from Industrial Plot No.190 appertaining Cadastral Survey Plot No.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and ......property should be before the Court and heard the defendant rights." 13. In Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others (1994) 14 BLD (AD) 235 it has been laid down: "In the absence of any material to show, that the leassees are in possession of the disputed property upon r......ntiff to hand over possession of Suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice to Authorities is illegal, inoperative, mala fide void without jurisdiction and, also, for permanent injunction restraining defendants from disturbing peaceful pos..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....duced and given in evidence" occurring in section 195(1)(c) of the Code of 1898. While we agree with the interpretation given in that case on the quoted words, we find that the facts of that case are totally different, and hence the decision of that case is not applicable to the present case. 39....... by the learned Joint District Judge. Again clause (b) of section 195(1) does not contain the condition that the document is ''produced or given in evidence" as contained in clause (c). Obviously the absence of the expression "produced or given in evidence" in clause (b) is consistent with the expre......s whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. The jurisdiction exercisable by a Court under section 476 is in the following terms: "476. Procedure ..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ...... a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at the mercy of every ..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......f the Code of Criminal Procedure and the learned Judge of the trial Court has passed the impugned order in the right direction and. as such, it does not call for our interference under the revisional jurisdiction. 10. In the result, the Rule is discharged. Stay order passed in connection with the..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......rovisions for administrative tribunal was made and subsequently Administrative Tribunal Act, 1980 (Act No. 7 of 1981) came into force with effect from 7-2-1982 wherein laws were made giving exclusive jurisdiction to the Tribunal to hear and determine applications made by any person in the service of..

Category: Administrative Law | Date: | Hits: 494

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......09. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured..

Category: Administrative Law | Date: | Hits: 452

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

....ion and on its failure, it cannot fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial and not by an isolated scrutiny. Prosecution version i...... aged about 55 years. He is a member of a disciplinary force. He has a wife and children. It is not believable that he would abduct a girl of 15/16 years along with others for immoral purpose. In the absence of any direct evidence, the circumstantial evidence also leads us to hold that the prosecuti......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)

....8-7- 1966 observing all legal formalities and the possession of the land was handed ever to the requiring body on 19-4-1966 (sic) including the disputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was finally acquired and published in the gazette notification ...... 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. ...... 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. ......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. ..

Category: Constitutional Law | Date: | Hits: 466

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

.... 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. ...... 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. ......n that case it was observed that “In order to constitute residence a party must possess at least a sleeping apartment but that an uninterrupted abiding at such dwelling is not a requisite, and that absence, no matter how long if there be the liberty of returning at any time, and no abandonment of ......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. ..

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. ......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. ......trator under section 9(b) of the Arbitration Act, 1940 is prima facie illegal and consequently, all actions taken by him in connection with the arbitration case must be held to be illegal and without jurisdiction and consequently of no legal consequence. Mr. Bhuiyan submits that section 9 of the Arb..

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

Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......e Jana Nirapatta (Bishesh Bidhan) Ain, 2000 as well as section 19(a) and (f) of the Arms Act. 2. The learned Advocate submits that the Tribunal under the Jana Nirapatta (Bishesh Bidhan) Ain has no jurisdiction to deal with the cases under section 19(a) and (f) of the Arms Act, which falls under t..

Category: Criminal Law | Date: | Hits: 79