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Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....ought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in short, are that, the present petitioner and four others fi......nal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in shor......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....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. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Mahmudur Rahman Nazlu……………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: ......n of the Court the learned Advocate of the petitioner in his application for restoration has furnished any explanation for his fault. 10. 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..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....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. ...... (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Habibul Gani J Md. Muntasir Hossain MD., Unipay 2U (BD)Ltd..........................Petitioners Vs. State and another……………………………..Opposite Parties Judgment August 25, 2011. Re......রতারণা; 11. From the perusal of the definitions of Money Laundering and the Predicate offence it also appears that the matters need to be examined by the trial Court on examination of evidence to reach a decision whether the allegation as brought against the petitioners is under Mone..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ght of occurrence and after the occurrence the accused had become puzzled and without informing the members of the family of his father-in-law he left the house leaving his motorcycle and all these facts have been proved by the cogent, credible and reliable evidence of the prosecution witnesse......………………..Appellant Vs. Zakaria Kabiraj……………………………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......amined 27 witnesses and tendered 2 witnesses for the cross-examination by the defence, but the defence did not cross-examine them and the defence examined none. On the completion of recording of oral evidence accused Zakaria Kabiraj was examined under section 342 of the Code when he repeated his inn..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43/91 directing P.W.2 of the case to pay compensation of Tk. 20,000.00 to the accused of the case and directing the Magistrate concerned to proceed against informant (P.W.1) and P.W.2 a seizure list......lant No.1 Abdur Rahim deposed as P.W.1 and appellant No.2 Md. ldrish Miah deposed as P.W.2. It further appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1, the informant, filed a false case of recovery of a..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....show that before 25.5.2005 Defendants-Petitioners had knowledge of institution of Suit and Plaintiffs-Opposite parties having failed to show otherwise. Courts below committed serious error of law and facts in holding the case to be barred by limitation. 14. Contentions so raised have been hit bac......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ...... Courts below warrants any interference by this Court in exercise of Revisional Jurisdiction envisaged in section 115 of The Code. 2. In broaching and riposting to questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and circumstances may conveniently b..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ney General placed before us the Affidavits-in-Opposition of the Respondent Nos. 3 and 4. The Affidavits-in-Opposition of the Respondent Nos. 3, 4 and 5 are almost similar in respect of statements of facts as well as submissions made therein and that the learned Deputy Attorney General in fact appea......Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment Febr......the said appointment was communicated vide a notification bearing No. সম (উনি-১)৭৪/৯৮(অংশ-১-২৬৭)/১(৫০) dated 28.6.2007 issued by the Ministry of Establishment, evidenced by Annexure-A to the writ petition, and that said Respondent No.5 filed an application for..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
.... Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Le......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J BRAC Printers…………………Petitioner Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 20...... the above five cases, the petitioner obtained 5 Rules from this Court. 10. Mr. A.K.M Badruddoza, learned Advocate appearing for the petitioner in all the Writ Petitions, submits that there was no evidence on record to hold that the petitioner terminated the services of the respondents for their ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....91 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the post of Manager/Joint Director and pass such other or further order or orders. 2. The facts leading to the issuance of the Rule are: The petitioner, an M.Sc. in Agricultural Economics......Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Md. Abdur Rouf……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment August 7, 2005. Result: The Rule is ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....der reference is a partition suit. In a suit for partition, all persons must be impleaded as parties for complete and effective adjudication of the dispute. 19. In view of the provision of law and facts and circumstances of the case we are of the view that since it is a partition suit and implead......municate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ...... the case we are of the view that since it is a partition suit and impleading of necessary party is a must, otherwise the suit will fail. 20. In view of the facts and circumstances of the case and evidence on record, we are of the view that there is merit in this rule. 21. In the result the Ru..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....rt of his contention that the decree in question is binding on the Government who was a party in the suit and that the sale deed through Court cannot be questioned by the Government. We find that the facts of the present case and those of the case referred to above are almost similar and it fully su......vision (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shamsul Haque……………………………………Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result:......e of the case holding and exclusion of the same from the list of the abandoned property but the respondent No.1 illegally dismissed both the cases without application of judicial mind and against the evidence on record. 5. The respondent Government did not file any written statement butcontested ..Category: Property Law | Date: | Hits: 107
....ter on this Salahuddin died and his heirs have been duly substituted in this writ petition. Subsequently, the other heirs also filed an application for addition of party as petitioners in view of the facts that their names were required to be mutated in the record of rights in place of their predece...... also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....he signatures of the accused appellant it cannot be said that the prosecution has been able to prove the charge against the accused‑appellant beyond all reasonable doubts. So, in my opinion, in the facts and circumstances of the present case an order for retrial should be passed. 28. Therefore,......low at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......r. Gour Gopal Saha, the learned Advocate for the accused‑appellant, submits that the impugned Judgment and order of conviction and sentence are based on mere surmise and conjecture and not on legal evidence on record. He next submits that the learned trial Court acted illegally in convicting the a..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
....eaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. After considering the facts, circumstances and evidence on record the learned judge of the Special Tribunal convicted th......0. Judgment Md. Rezaul Haque J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the Judgment and order of conviction and sentence dated 24-11-2010 passed in Special Tribunal Case No.18 of 2005,...... the Code of Criminal Procedure and obtained the instant Rule. 6. Mr. Md. Habibur Rahman, the learned Advocate appearing on behalf of the accused petitioner has submitted that it is a case of no evidence since the prosecution witnesses did not support the prosecution case. The learned Advocat..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
.... was with the accused for three months but denied the suggestions that she was deposing falsely or that she was minor. At the top of the deposition sheet her age was written as 21 years. In the above facts and circumstances in the absence of anything in the charge that the victim was a minor and in ......y‑General ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhir......t and order of conviction is liable to be set aside. He further submitted that the learned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W.1 as well as circumstantial evidence to convict the appellant giving a complete go b..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....well‑settled that Rule of practice of the Court not to interfere with the exercise of discretionary power under Articles 226 and 227 of the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative ......orted in: 50 DLR (HCD) (1998) 623. ......was re‑numbered as Money Suit No.143 of 1993. 7. The defendant‑petitioner contested the suit by filing written statement. The suit was fixed for peremptory date of hearing and after taking the evidence of P.Ws. and D.Ws., it was fixed for argument on 6‑3‑1993. Thereafter quite a few dates..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....y change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of the facts of the plaint. ………………………(15) Cases Referred to- Hanif Ali (Md.) Vs. H......rmation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......ourt Division. After hearing the High Court Division by the Judgment and decree dated 20-05-1999 remanded the appeal to the Court of appeal below to deliver the Judgment afresh after appraisal of the evidenced on record. Title Appeal No.81 of 1984 now pending before the Court of District Judge, Mani..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....the Assistant Commissioner (C.W.1) wherein he did not disclose any name of the assailants and his subsequent disclosure in the First Information Report is mere embellishment. He added that in the facts and circumstance of the case the presence of the prosecution witnesses 1-8 at the scene are qu....... This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ness (C.W.1). 7. After closure of the prosecution evidence the accused on dock were examined under section 324 of the Code of Criminal Procedure, again they repeated their innocence and led no evidence in defence. 8. After trial the appellants awarded such conviction. Hence the appeal. ..Category: Criminal Law | Date: | Hits: 78
....titioner for vacating the Order No.13 dated 27.9.2005 purportedly passed under Order 21 Rule 29 of the Code of Civil Procedure staying proceedings of the said Money Execution Case.
2. Relevant facts, in short, are that the petitioner is a private limited company represented in Bangladesh th......oma, 73102, United States of America……………Award-holder-Petitioner
Vs.
Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party
Judgment
June 7, 2010.
Result:
......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in brief, are as under: Respondent No.2, Eastern Bank L......ivision (Special Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser Md. Dabirush Shan J Manik K Bhattacherjee………………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The R......an or was director of Gonophone at the relevant time or whether his resignation was accepted by the Bank are all disputed question of facts which cannot be decided in writ jurisdiction without taking evidence Moreover, the suit was decreed in favour of the Bank and against the defendants including t..Category: Civil Law | Date: | Hits: 154
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