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Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea......essary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title by adverse possession as title by adverse posses......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... of the proceeding and releasing the accused under section 339C(4)Cr.P.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 ......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co......time as stipulated under section 339C Cr.P.C. runs out. ……………………………(5) Some provision should be made authorising the High Court Division to exercise its inherent power in a proper case and direct trial notwithstanding the provisions as to conclusion of trial within a spe......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. ..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. ......his Case is also Reported in: 55 DLR (HCD) (2003) 699. ......occurrence house. Withholding and non-examination of the parents and other brother of Jamir namely, Amir as witnesses in the case would be fatal, for the prosecution and their non-examination without proper explanation would bring adverse presumption under section 114 G Evidence Act against prosecut......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
....e connected Record of Right and has been paying rent to Government regularly.
II. M/s. Chameli Glass Works got interest on Suit property and as such its presence would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of Justice......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......gladesh-Secretariat, Dhaka and others……………………..Opposite Parties
Judgment
April 4, 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in......ed Record of Right and has been paying rent to Government regularly.
II. M/s. Chameli Glass Works got interest on Suit property and as such its presence would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of Justice M/s. Cha..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: ......o the present scenario. 12. Against the background stated above, the question before us is 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 jurisdic...... proceeding in any Court." 34. The materials on record reveal that the disputed Kabala and the death certificate are interrelated documents as regards the alleged forgery of the Kabala. For proper adjudication on the question of alleged forgery and fabrication with regard to the date of Mamtaz Be..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. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposi......Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by 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 an......terial, which ought to have been decided by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adjudication of the matter and as the defect of parties is a very vital question in a Partition Suit..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. ......ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp......essions Case No. 1238 of 2007 arising out of CR 289 of 2006 under section 138 of the Negotiable Instruments Act, 1881, should not be set aside or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case w......ration over the ownership and possession, where the question of validity of the cheques is involved. So, according to the contention of the learned Advocate, unless the suit is disposed of after full adjudication, the present criminal proceeding under section 138 of the Negotiable Instruments Act sh..Category: Procedural Law | Date: | Hits: 128
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. ......ed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......urisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured by section 87 of the Registration Act, 1908…………………………..(7) Where no part of property to which document relates is situated within the jurisdiction of a Sub-Registrar, the Sub-R......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. ..Category: Administrative Law | Date: | Hits: 452
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. ......lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles 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 ......man does not escape. Both are public duties. Law therefore, cannot afford any favor other than the truth and only truth……………………………..(27) In a criminal case, framing of charge properly is very important. It is the function of the conducting lawyer like the Public Prosecutor t......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
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....within the language of the enactment; Sayad Mir Ujmuddin Khan Vs. Ziaulnisa Begum, (1879) ILR 3 Bombay 422 PP. 430, 431 (PC). The words of such a statute must be so construed as to give the most complete remedy which the phraseology will permit; Gover’s Re. Coal Economising Gas Co. (1875)1 Ch......s Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......ry public authority" should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seems tit and proper. 3. Facts, in brief, are that the petitioner in Writ Petition No.9124 of 2008 is an electe......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
.... 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.
......n: 30 BLD (HCD) (2010) 341.
......
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a legislation of which other provisions of the...... 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. ......igh Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is ......ondents should not be directed to register the petitioner as a voter and include his name in the said Electoral Rolls or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the petitioner is a citizen of Banglades......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)
....t any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for completion of the work on the project was extended. It has been contended that the plaintiff could not complete the work of the project due to the devastating cyclone on 29‑4‑91, which caused extensi......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with......or Mr. Justice Abdur Rahman Chowdhury and, in such circumstances, the award under challenge cannot be sustained in law. Mr. Bhuiyan also submits that the learned Subordinate Judge erred in law in not properly discussing the material evidence on record, particularly the evidence of D.Ws. 2, 3. and 4 ......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
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. ......Procedure, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ......te the offence of 'cheating' are as follows: "(i) There should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so deceive should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person......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. ...... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di......tion but that section clearly makes the holding of a licence subject to restriction and conditions prescribed under the provisions of the Act and the rules made thereunder. It has been held that on a proper interpretation of section 5 the expressions “subject to” only means that the exemption un...... 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. ..Category: Family Law | Date: | Hits: 209
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....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. ......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i...... of the petitioner ultimately sanctioned cash credit limit from Taka 20, 00,000 to Taka 35, 00,000 vide letter dated 16-5-1990. Although the petitioner took the above credit facilities but it did not properly utilize the said money and stopped the production of the project with malafide intention be......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. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......scellaneous Case No.16 of 2002 by the learned Joint District Judge 1st Court, Gazipur should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper." 2. Facts relevant for disposal of the Rule are that the plaintiffs instituted partition ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re......cuted for allegedly committing offences under sections 161 and165A of the Penal Code which are triable by the Special Judge as offences under the Criminal Law Amendment Act. 11. For the purpose of proper appreciation as to whether previous sanction of the Government is necessary in the present ca......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
....ssertions in the petition. It is stated that the petitioners were the examinees in the traditional course of Dhaka University and appeared in the Honours Examination in the year 1987 held in 1989 and completed the examination. Respondent No.1 the Controller of Examination, published the results of t...... also Reported in: 50 DLR (HCD) (1998) 567.
......withheld subsequent to publication of the result. The copy of resolution annexed hereto as Annexure‑C. The teachers council stated in their resolution that the said examination was held in fair and proper manner and no illegality or irreg6larity or any unfair means were adopted. The council f......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
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. ......espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ......l findings. The Board also failed to consider whether the vendor had more than 2 acres of land at the time of sale of the land in question. Last ground taken is that the judgment and order is neither proper nor in accordance with the law and, as such, is of no legal effect. On reference to this stat......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
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