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Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....ation of the judicial mind by the Courts below and upon apparent wrong assessment of the evidence on record the Courts below committed error of facts and law and, as such, the revisional Court is empowered to assess the evidence on record as available independently and to come to a decision that t......is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......o discharge his liability to prove the existence of the road in between the pre-emptors land and the transferred land caused investigation by the Advocate Commissioner who upon surveying the land locally, submitted his report and also adduced evidence before the trial Court proving that the land o......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
....e) Vs.AKM Latiful Karim, 1 BLC 567
28. Mr. TH Khan, learned Senior Advocate, read the relevant provisions of the Tenancy Rules, 1955 and submitted that the Settlement Officer rightly exercised his power under Rules 42 and 42A thereof in canceling the appellate order and asked the Appeal Officer t......overnment 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 Begraha, 33 DLR (AD) 13; Anwara Begum Vs. Noorjahan ......ame, we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......municated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... Musalman Fatoabaj of this country will be drowned in the sea. It also alleged that the Petitioner was known as an agent of 'RAW', the India secret organisation. He was alleged to have made a clarion call to start a revolution unitedly against the followers of Islam. The Petitioner stated that the s......esh a 'Karad Rajya' (satellite State) of India. He pointed out that the statement printed in the daily Inqilab dated 28‑3‑2001 was attributed by the staff reporter to Hindu leaders present in the meeting. The Petitioner stated that in response to the said publication dated 28‑3‑2001 publishe..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....having regard to the fact that under the provision of Clause 4 (Gha) of the লবন মহাল ব্যবস্থাপনা নীতিমালা the Ministry has been given discretionary power to grant lease of the Government khas land over a maximum of 15 acres of land in case the prop...... Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7.......ned in respect of the writ petitioner; that the writ petitioner applied to the writ respondent No.1 on 01.02.2006 for leasing out 60 acres of khas land and not to lease out the same in favour of so-called 'Upakulio Bahumukhi Samabaya Samity Limited' and on the said application the Hon'ble Minister...... and so far as it relates to the writ petitioner's objection they took a decision for making an enquiry into the objection of the writ petitioner; that to give final approval of the decision of the meeting dated 27.12.2005, the writ respondent No.4 sent the same to the writ respondent No.1 for app..Category: Civil Law | Date: | Hits: 182
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....ide. The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of th...... The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of the Synd......d 5. Writ Petition No. 9414 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to (i) why the impugned enquiry under section 44 of th......ent, Mr. Sanowar Hossain Sunny. 6. On 5.5.2008, the Vice-Chancellor appointed a three-member preliminary enquiry committee which submitted its report on 28.5.2008. Considering the report a special meeting of the Syndicate held on 28.5.2008 constituted a three-member committee for further verifica..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... also Reported in:42 DLR (HCD) (1990) 171. ......thereunder and sentenced to suffer R.I. for 2 years. 2. At the time of admission of the appeal the sentence was considered by this Court to be grossly inadequate and so a suo motu Rule was issued calling upon the Deputy Commissioner, Brahmanbaria to show cause as to why the sentence imposed on......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....idur Rahman Vs. State reported in 19 BLD (AD) 128, their Lordships of the Appellate Division has given a decision in the following manner: "The language of section 247 of the Code having clearly empowered the concerned Magistrate to acquit the accused for the failure of the complainant to appea......on of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when offence once had been tried by a competent Court and ended in conviction or acq......arty No.1. Criminal Miscellaneous Case No. 991 of 2010. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No.105(Ma) of 2......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....by an order of detention. A preventive detention is the deprivation of the liberty of a citizen, which right should not be taken away in an arbitrary manner and accordingly, this Court has been given power to review the actions of the detaining authority under Articles 102(2)(b)(i) of the Constituti..............Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in th......, the words "Magistrate of the District" were defined as meaning the Chief Officer charged with the executive administration of a District in Criminal matters by whatever designation such officer was called. Under the present scheme of the Code, the Government shall appoint a District Magistrate who......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ost the same. However, let us start with the submissions of Mr. Amirul Islam. Gist of his submission is that section 6 of the above Ain does not provide any principle or guideline for exercise of the power given to the Government under that section and, as such, in the absence of such guideline or a.........................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment May 21, 2003. Result: The Rules are discharged. The Druto Bichar Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the ...... Kamrunnessa, Assistant Attorney-General-For the Respondents (In all the petitions). Writ Petition Nos. 2120 with 1978 and 2189 of 2003. Judgment Md. Hamidul Haque J.-These Rules were issued calling upon the respondents to show cause as to why section 6 of Druto Bichar Tribunal Ain, 2002 (A......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......tioner Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the petitioner ......ision No.3481 of 2002. Judgment Md. Abdul Quddus J.- Rule was issued under section 115(1) of the Code of Civil Procedure at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.200......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ory rolls along with machineries are returned to the accused petitioner on furnishing proper bank guarantee. 12. Now only question that survives for consideration in this Rule whether the inherent power under section 561A of the Code of Criminal Procedure can be exercised in giving direction for ......……….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. The concerned Court i......become manifestly clear that the inherent power of the High Court Division mentioned under section 561A of the Code of Criminal Procedure can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect to any order under the code, secon......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....e there is no misreading or misappreciation of the materials on record. Therefore, the concurrent findings of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(4) of the Code of Civil Procedure……………..(9) Lawyers Involved: ...... Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question......e-emptor which document he will prove for the purpose of his own success and the pre-emptee has ample opportunity to discard those documents in his cross examination. Therefore the application for re-calling P.W.1 cannot be denoted as belated stage, so the Courts below after appreciating the materia...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....hment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......he Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate ......e. 5. Accordingly, the Rule is made absolute without any order as to costs. The order of the Executing Court is set aside. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated and the Executing Court is directed to dispose of the application under Order XXI...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....o not been stated when and in what manner the detenu was associated with them so as to give rise to the satisfaction in the mind of the detaining authority required for enabling him to invoke the power of preventive detention, with which he is Empowered under section 3 of the Special Powers Act,......................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within......order. In ground No.6 a certain G.D. Entry relating to the detenu has been disclosed and ground No.4 simply expresses that it was necessary to detain him. In ground Nos.2 and 3 it has not been specifically stated what are the functions of the "Movement" and the "Organisations" mentioned therein and ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....tion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality in affirming the order passed by the trial Court in exercise of his power under section 151 of the Code in the facts of the case. There was no lack of jurisdiction of t......ddin Chaklader J AKM Abdul Hakim J Md. Mostafa Rana…………………………Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Pr......f the appellant file the application on the same date before rising of the Court, the learned judge instead of fixing the matter for hearing on a subsequent date could have avoid trouble by simply re-calling the order of default and fix the date for disposal of the appeal. In the failure to do so,......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
....e Applications for interim measures of protection and preservation under Section 7 Ka of the Act of the need for this Court to strike an essential balance between the tension evident in this Courts power and authority to direct such interim measures to be effected and the prudence in not encro......s by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......lated last dates of shipments of the goods variously under the six contracts that it is stated that Reliant having in due course procured the goods from a Chinese manufacturer as otherwise specifically identified in each such contracts remained, however, unable to ensure the carriage of the go...... milieu, and with a view to exploring the possibility of an amicable settlement of the contradictory positions held by Reliant and BCIC regarding the nature and implications of the same, a high-level meeting was convened on 28-01-007, but to no avail. It is contended by Reliant that having thus exha..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
.... It is a settled proposition of law that when the taking of evidence has already been closed and date was fixed for argument at this stage interference in the proceeding of a Case in exercising the power under section 561A of the Code of Criminal Procedure is not permissible. 11. The learned Ad......…………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: The application is rejected. Cases Referred to- Sonatoon Nessa Vs. Haipattullah Sarker, 41 DLR (AD) 105; Abdul Kashem Vs. State, 43 DLR (AD) ......his is an application for restoration of the above mentioned Miscellaneous Case under section 561A of the Code of Criminal Procedure which was rejected by this Bench as none was turned up on repeated call to press the application on 11-12-2011. 2. The accused petitioner filed an application under......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
.... aggrieved by the proceedings as brought against them, filed an application under section 561A of the Code of Criminal Procedure before this Court. 9. The paramount consideration in exercising the power under section 561A of the Code of Criminal Procedure is that such an Order would prevent the...... This is an application under section 561A of the Code of Criminal Procedure filed by the petitioners challenging the proceedings of Shahbagh Police Station Case No.48 Dated 25-1-2011 corresponding to GR No.48 of 20011 under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......…………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD) 79; Billal Vs. State, 52 DLR (AD) 143; Vola Vs. State, 55......the Tribunal considering the unbreakable chain of circumstances rightly found the accused guilty under section 302/34 of the Penal Code. So, the Judgment and order of conviction and sentence do not call for interference from this Court. The learned Deputy Attorney-General in support of his submiss...... she has deposed against the accused. 18. P.W.6 Khadiza Khatun, a member of Chandpur Union Parishad stated that two years ago in the afternoon she had gone at Chandpur Bazar to attend a compromise meeting, after the Magrib prayer she had taken Tiffin in the restaurant of Bhuban along with Princip..Category: Criminal Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ion provides provisions for framing Rules for the postings, promotion etc. of the officers under the judicial service and the Article-116 of the Constitution invests the Honourable President with the power of posting, promotion and discipline of persons employed in the judicial service in consultati...... by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment February 18, 2008. Result: The Rule is made absolute. Cases Referred to- Dr. Shadin Malik Vs. Government of Bangladesh, Writ petition No.11736 of 2006; Masder Hossain......h Subrata Chowdhury and Tania Amir and Shamim Haider Patwary, Advocate - For the Respondent No.5. Writ Petition No. 6219 of 2007. Judgment Shah Abu Nayeem Mominur Rahman J.- Rule was issued calling upon the Respondents to show cause as to how and under what authority Mr. Kazi Habibul Awal,......ding the drafting cell of the Ministry of Law, steps were taken, and ultimately for the purpose of creating a Legislative Drafting Wing under the Ministry of Law, Justice and Parliamentary Affairs, a meeting of the Secretaries of the Ministry of Finance, Ministry of Establishment, Ministry of law, A..Category: Constitutional Law | Date: | Hits: 361
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