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Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....y motive to falsehood is silenced and the mind induced by the most powerful consideration to speak the truth. The principle on which the Dying Declarations are admitted in evidence, is based upon the legal maxim Nemo Moriturus Praesumitur Mentire i.e. a man will not meet his Maker with a lie in his ......th is by itself the guarantee of the truth of the statement made by the deceased regarding the causes or circumstances leading to his death. A dying declaration, therefore, enjoys almost a sacrosanct status, as a piece of evidence, coming as it does from the mouth of the deceased victim. Once the st..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....charged without any order as to costs. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to ......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. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....atisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree. The failure of the trial Court in the performance of its legal obligations ought not to have been maintained by the High Court Division in affirming the find......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
....ndent No.1 and impugned proceeding pursuant to which the said order was made, the rejection of the appeal made therefrom should not be declared to have been made without lawful authority and is of no legal effect.
2. The 8 petitioners in this writ petition are students of the Jagannath College, D......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.
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Category: Constitutional Law | Date: | Hits: 300
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....s. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The Rule is made absolute. Abandoned property The property even if legally enlisted as an abandoned property and if the same be released by the appropriate authority, ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....etitioner preferred Rin shalishi Appeal No.356 of 1991 before the respondent No.1. Respondent No.1 passed the impugned order. 3. It is contended that the Additional Deputy Commissioner (Revenue) illegally passed the order and it is also made without lawful authority. Secondly, respondent 1 failed......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
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ed that the plaintiffs are sons of Ananda Sundry, the full sister of Sree Krishna Devnath and, as such, they inherited the suit lands along with other properties left by Sree Krishna Devnath as his legal heirs and since then they used to possess the same in their own right, title and interest; tha......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
.....2, 3,4 and 5, are all hearsay witnesses and their account of the incident does not support the FIR story as well. 58. Having dealt with the factual aspect of the Appeal, we propose to examine its legal aspect. 59. The appellant was charged under sections 385 and 387 of the Penal Code and he w......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
.... inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1995-96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect.
2. The petitioner challenged the legality and validity of acquisition of his homest......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
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Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....ty the Government should take over the possession or listed the same in the census list, but it started the V.P. case in the year 1988 which has no value in the eye of law and as such the same is illegal and void. . . Since the law on enemy property itself died with the repeal of Ordinance No.1 of......dge, 2nd court, Jhalakathi in Title Appeal No.106 of 1994 affirming those of dated 25.05.1994 passed by the Senior Assistant Judge, Nalcity in Title Suit No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. ..Category: Property Law | Date: | Hits: 96
....e-F, cancelling the permission to transfer the shares of respondent No.5 and others in Taj Jute Backing Company Limited should not be declared to have been made without lawful authority andis of no legal effect and/or to pass such other or further order or orders as to this Court may seem fit and ......ser, without serving any copy to the writ petitioner. But as his name has been mentioned in Annexure-C the writ petitioner argues and is obvious that he is a beneficiary of Annexure-C. But his such status of beneficiary did not confer upon him any legal enforceable right for the simple reason that..
Category: Administrative Law | Date: | Hits: 299
....ajangana Baishnabi and she was very cunning, while Ramani Mohan was simple and innocent person and used to live in the Akhra and taking advantage of Ramani's old age and simplicity and for deriving illegal gains managed to file 3 rent suits No.42 43 and 44 of 1958 in the Court of Munsif, 1st Court, ...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
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Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
...., 1968 in favour of the defendant on taking necessary permission and income tax clearance certificate. He also handed over possession of the suit property except one room where the plaintiff was in illegal occupation. Thereupon, the defendant along with Samir Kumar Chowdhury filed a suit for permane...... general, entitled to the remedy of a specific performance against his adversary party, although otherwise there may be no obstacle arising, either from the terms of the contract or from his personal status and relation to the enforcement of the relief against the latter individually. 13. The lea..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....efore, in the decision-making process of acquisition, this Rule had no role to play. . . A delay of five days in video recording of the land is not fatal to render the entire acquisition proceeding illegal and without jurisdiction…………..(33 & 35) Case Referred to- MA Salam Vs. Bang......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....to tenants under the state. He buttressed up his submission by reference to The Bangladesh (Legal Proceedings) (Third) Order, 1972 which bars, amongst-others, suits, appeals, applications and other legal proceedings challenging the legality or validity of any provision of SA&T Act, 1950 or acq......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....ythene pellets imported by the appellants/petitioners. 2. It will be sufficient to state the facts of only one writ petition because the facts of in all the writ petitions out of which the present legal dispute arose are more or less similar. 3. The writ petitioner in Writ Petition No.4531 of ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....nds for transferring the case. Moreover, we find that in support of the statement made in the application no affidavit has been sworned by the petitioner but verification has been made which is not legal. The allegations mentioned in the application to our consideration are not come within the pur......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....asuring 0.20 acres being Dag No. 647 khatian No. 312. Mouza - Homna JL No. 51. Thana - Homna, District-Comilla, should not be declared to have been passed without any lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem tit and p......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....ing on behalf of the petitioner at the very outset submits that after disposal of the Special Case No.09 of 2008 initiation and continuation of the instant case against the petitioner is absolutely illegal and thereby instant proceeding is liable to be quashed. He further submits that the Investigat......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
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