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Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....aritosh Chandra Nag……………………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In a......han Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railway) Dhaka, Bangladesh, 2001 BLD (AD) 59 = 7 BLC (AD) 41. Lawyers Involved: Mahmudul Islam, Senior Advocate with Md. Asad-uz-zaman, Advocate — For the Pe..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

...., represented by its Chairman, Laksham Road, Comilla Town, Police Station-Kotwali, District-Comilla and others…………………………Respondents Judgment May 16, 2006. Result: The Rule is made absolute. The Government Servants' (Discipline and Appeal) Rules, 1985; Rule 10(8) ......in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43 DLR (AD) (1991) 209. Lawyers Involved: Subrata Saha - For the Petitioner.  Khalilur Rahman with Ms. Rubaiyat H..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......…………(17) The High Court Division cannot act on a gazette notification that was not pro­duced and not exhibited in suit before the trial Court. ………………………………(17) Lawyers Involved: T.H. Khan, Advocate, with Moin Uddin Advocate - For the appellant (In First App..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

.... medical opinion and without medical certificate about mental fitness of the maker of dying declaration, it would be very risky to accept dying declaration. A certification by Doctor is essentially a Rule of caution. It is posited out here that there is no requirement of law that a dying declaration......€¦..(37) A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A Judge, also, presides to see that a guilty man does not escape. Both are public duties. Law, therefore, cannot afford any favor other than truth and only truth………………………â€..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....ections to give effect with the supposed inten­tion of the legislature. The Court has also no juris­diction to assume delegated legislative function and if the meaning of the words used in a law or Rule is clear, the Court cannot re-arrange the words to con­vey a meaning which the legislature int......ting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on the assumption that the leg­islature is an ideal person that does not ma..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

.... Md. Habibul Gani J Md. Ismail………………………………Petitioner Vs. State……………………………..Opposite party Judgment June 14, 2012. Result: The Rule is made absolute.   The Code of Criminal Procedure, 1898 (Act No. V of 1898); sectio......udice and hence the impugned order setting aside the acquittal is void ab initio………………………..(19)   Case Referred to- Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128. Lawyers Involved: Abdul Malek, Advocate - For the Petitioner. KM Zahid Sarwar, Deputy Attorne..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

............................Petitioner (InCriminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made ab­solute Judgments and orders of conviction and sentence are set aside. The ......th that he is the real recorded owner supported by the records of right both old and new. It is only a competent civil Court which can make a declaration to that effect.…………. (21 & 22) Lawyers Involved: Serajul Huq with Mansurul Hoque Chowdhury, Advocates-For the Petitioners (In Cr..

Category: Procedural Law | Date: | Hits: 111

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....man J AM Mahmudur Rah­man J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presenc......……………….(7) Cases Referred to- 20 DLR (1968) 1005; 28 DLR (1976) 117; Mrs. Tahera Islam Vs. the Secretary, Ministry of Home Affairs, Govern­ment of Bangladesh, 40 DLR (1988) 193. Lawyers Involved: Abu Sayeed Ahmed, Advocate—For the Peti­tioner.  A.K.M. Shamsul Kari..

Category: Criminal Law | Date: | Hits: 66

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....¦â€¦â€¦â€¦Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 W......llegally the same cannot be interfered with……………………(33) Cases Referred to- Hossain Ahmed Chowdhury Vs. Md. Nurul Islam, 47 DLR (AD) 162; Parsotim Vs. Lal Mohar, 58 IA 255 28. Lawyers Involved: Mahbubey Alam, Attorney-General with Md. Haroon-or-Rashid - For the Petitioner...

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....Petitioners Vs. 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 ......atha Nath Chowdhury Vs. Kamir Mandal, 17 DLR (SC) 392; Jalil Ahmed Vs. Province of East Pakistan, 19 DLR 106; Tanvir Ahmed Siddiky Vs. Province of East Pakistan, 20 DLR (SC) 144 = PLD 1968 SC 185. Lawyers Involved: Md. Khalilur Rahman with TM Sakil Hasan and Golam Arshed, Advocates — For the..

Category: Property Law | Date: | Hits: 120

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

....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. ...... 144 of the Penal Code, 1860……………………….(37) Cases Referred to- Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Md. Chand Mia @ Chand Mia & others Vs. State, 1999 BLD (AD) 155. Lawyers Involved: Md. Golam Kibria, Deputy Attorney-General with, Md. Helaluddin Mollah, Deputy A..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....dy on the day of on and some of them were tortured. 16. The Petitioner claimed that the election of Respondent No.5 has been materially affected by violation of the provisions of the Order and its Rules and the election of Respondent No.5 maybe declared void and the Petitioner may be declared as ......SC) 51; Badrul Haque Khan Vs. The Election Tribunal, Dacca 15 DLR (SC) 389; Azhar Hussain Vs. Rajiv Gandhi, AIR 1986 SC 1253; Bhagwati Prasad Dixit 'Ghorewala' Vs. Rajeev Gandhi, AIR 1986 SC 1534. Lawyers Involved: SS Halder, Senior Advocate (in person) AM Abdus Sattar Senior Advocate with Har..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....d Imman Ali J. - This civil petition for leave to appeal is directed against the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.4764 of 2006 discharging the Rule. 2. The relevant facts of the case are as fol­lows: 3. The petitioner Aminur Rashid Chow......…………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..

Category: Civil Law | Date: | Hits: 182

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....or Advocate, with Mokbul Ahmed, Advocate - For the Appellant. Abdul Quayum, Senior Advocate with Subrata Saha, Advocate - For the Respondents. First Appeal No.17 of 2004  With Civil Rule No.17(F) of 2004. Judgment Md. Arayes Uddin J.- This appeal at the instance of the defend......17; Sree Jugal Kishor Sarkar Vs. Azizur Rahman and others, 40 DLR (AD) 170; Sayda Bibi and others Vs. Juma Saha and others, 42 DLR (AD) 53; Noorjahan Akhter Vs. A. Motaleb and others, 53 DLR 256. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Mokbul Ahmed, Advocate - For the Appellan..

Category: Property Law | Date: | Hits: 132

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... 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. ...... Cases Referred to- Mauns Po Yi Vs. Ma E Tin and another, 24 AIR 1937 Rangoon 253; Mutukdhari Singh and others Vs. Emperor, AIR (29) 1942 Patna 376; Abdul Jalil Vs. The State, 4 MLR (AD) 262. Lawyers Involved: Shihab Uddin Mahmood, Advocate - For the Petitioner. Md. Soyeb Khan, Assista..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....others………………………………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......ations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008..

Category: Employment/Service Law | Date: | Hits: 169

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....Quasem Miah with Md. Shahadat Tanvir Amin, Advocates - For the Petitioner.  None appears - For Opposite Party.  Civil Revision No.864 of 2004. Judgment M Moazzam Husain J.- This Rule is directed against the order dated 15-11-2003 passed by the learned District Judge, Tangail, i......pplication is to be hard by him in his capacity as the District Judge not as Special District Judge……………………(16) Case Referred to- Juhan Ara Akhter Begum Vs. HBFC, 47 DLR 158. Lawyers Involved: Abdul Quasem Miah with Md. Shahadat Tanvir Amin, Advocates - For the Petitioner..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawyers Involved: MA Aziz Khan, Advocate - For Accused Petitioners. Bashir Ahmed, Assistant At..

Category: Criminal Law | Date: | Hits: 102

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....n the conviction being based on the testimony of a single witness 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 p...... Reform of the individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of sen­tence………………26 Lawyers Involved: Abdul Mottaleb, Advocate - For the Appel­lant.  Golam Mohiuddin, Advoc..

Category: Criminal Law | Date: | Hits: 118

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....e plaintiff could not claim any further right of easement of necessity, even if he or his predecessor-in-interest had such a right. Against this ap­pellate judgment the plaintiffs have obtained this Rule. 7. Mr. Issaque Gaznabi, the learned Advocate for the petitioner, argued that the plaintiff ......iyayi Ammal and others Vs. Aranachala Pandaram A JR. 1956 Madras 584;Abdul Gafur @ Sana Mia Vs. Abdus Sailer and another 11 DLR 97; Siddiqur Ahmed and another Vs. Abdul Hamid and others 9 DLR 262. Lawyers Involved: Issaque Gaznabi, Advocate—For the Petitioner. S.K. Sinha, Advocate—For ..

Category: Civil Law | Date: | Hits: 189