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Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....n the inquiry proceeding to support his case, purportedly acting under the undue influence of the Respondent No.2 and 3, submitted a biased and motivated report on 20.5.1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26.5.1996, Respondent Nos......ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,......e report of the Enquiry Committee dated 20.5.1996 and no other papers, giving him only 24 hours time to reply to the second show cause notice dated 26.5.1996 which was quite insufficient for giving a proper and effective reply to the wild and baseless charges brought against him. Thereafter, the Res......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 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. ......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......the learned Joint District Judge, Commercial Court No.2 Dhaka dismissing Title Suit No.57 of 2001. 2. Plaintiffs in the foresaid suit prayed for a decree declaring his 16 annas title over the suit property mentioned in the schedule to the plaint with further declaration that the deeds of both the......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. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....to consider that the statement made under section 164 of the Code of Criminal Procedure was never a substantive evidence and it may be used only for corroborating or contradicting a witness and PW 12 completely denied at the trial from his statement made under section 164 of the Code of Criminal Pro......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......ht against them. 15. In the face of submissions advanced by the learned Advocates for the contending parties we are now called upon scrutinize the material evidence on record in order to come to a proper decision in these appeals. The prosecution has examined 14 witnesses. 16. P.W. 1 Tofael......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......dgment and order of conviction and sentence is liable to be set-aside. 11. On the other hand, Mrs. Ambia Bulbul Reza, the learned Assistant Attorney-General, subÂmits that the Special Tribunal on proper consideraÂtion of the evidence on record rightly found the appellants guilty. She further su......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ...... Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High ......at "when the law gives anything to anyone it gives also all those things without which the thing itself could not exist"……………………………(12) The High Court Division in a proper case possesses the inherent power to quash any proÂceeding, judgment or to set aside decisio......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....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. ...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu......into consideration for the adjudication of a cause which had arisen earlier specially in a pre-emption proceeding, which has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with c......her the Courts below did not at all taken into consideration of the same…………………………(28) Documents which have been subsequently created cannot be taken into consideration for the adjudication of a cause which had arisen earlier specially in a pre-emption proceeding, which has be..Category: Property Law | Date: | Hits: 88
.... 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.
......h Court Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo......he land of the Court of Wards. It is also stated that in case where SA record and RS record was not prepared in accordance with the rules and/or decision of the appropriate authority, it would not be proper in the present survey to have the reflection of continuity of SA record-of-rights and RS reco...... 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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a...... a Hindu and distributed lacs and lacs of copies of the same within the constituency inviting the Muslim voters not to vote for Awami League and the Hindu candidate. (vii) In various ways and by improper means by branding the Petitioner as a 'Kafer' and identifying the Awami League as anti-Islam ...... 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. ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ......cial Court and Joint District Judge, Chittagong and finally renumbered as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... 6; 61 DLR (HCD) (2009) 744 ...... a fresh enquiry and their reminder dated 28.10.2008 in that respect. On 23.10.2008, a notice demanding justice was sent on behalf of the petitioners regarding the failure of the University to hold a proper enquiry into the allegations of sexual harassment by the petitioners, but to no avail. 10....... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
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. ......ed in: 16 BLC (HCD) (2011) 237. ......a land he should establish his civil right thereof 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 ......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. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....when victim was first taken to Dr. Jalil within an hour after the occurrence but she did not complain of abdominal pain but the learned AdÂvocate has lost sight of the fact that at that time she was completely lying in senseless condition and as such it was not possible on her part to make any comp......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n......e 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 properly exercised along with the accepted judicial line, the appellant Court should not interfere t......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
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the......years ending within two years next before the institution of the suit. The most imporÂtant ingredient for finding easement by prescription is whether the enjoyment is in assertion of right. Having a proper regard to the law of easement by prescription it is easy to see that the plaintiff in the pre...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....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. ......rted in: 16 BLC (HCD) (2011) 233. ......o.78(Ma) of2007 under sections 406/420 of the Penal Code, pending in the Court of Senior Judicial Magistrate, Manikganj, should not be quashed or any other order passed as this Court may deem fit and proper. 2. In the meantime, further proceedings of the above mentioned case was also stayed initi......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
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......BLC (HCD) (2011) 225. ...... A conveyance document is concluded agreeÂment and the same is binding upon both the parties until and unless it is cancelled…………………(14) While delivering judgments, the judge should properly adhering to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it shoul......he defendant No.4. Hence the defendant prayed for dismissal of the suit with cost. 5. On the basis of the pleadings of the parties the learned Senior Assistant Judge framed as many as 5 issues for adjudication and disposal of the suit. The plaintiff in support of his case adduced 2 witnesses incl..Category: Civil Law | Date: | Hits: 153
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......on
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
Th......ssession. The record of rights was also prepared in the name of said Shaheb Ali. Then, he possessed the suit land by building four-roof tin hut and running business thereform upon payment of rents on proper receipt.
4. Then, Shaheb Ali died leaving plaintiff No.1 to 7 as his only heirs and legal ......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....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. ...... Case is also Reported in: 55 DLR (HCD) (2003) 636. ......here is the Code of Criminal procedure. He has argued that in the Code itself procedure is given for trial of grave offences and the purpose is to give the accused every opportunity to defend himself properly. We are afraid that with the change in time, the observations made by Fazl Ali, J in the ab......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. ......0) 1. ...... the Trial Court for further evidence by the parties in the light of observation made in the appellate Court judgment should not be set aside or to pass order or orders as this Court may deem fit and proper. L.C records were called for. Rule was made returnable within 4(four) weeks from date. ......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)
....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. ......is Case is also Reported in: 18 BLT (HCD) (2010) 409. ......he learned Assistant Attorney General for the state on the other hand submits that he has no objection if the factory 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......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)
.... 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. ......ah……………………Petitioner Vs. Sree Shuvendu Sekhor……………………Opposite party 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 pr......application committed no error of law………………………………(8) The Courts below having been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of legal aspects involved in suit and since there is no misreading or misappreciatio...... 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
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