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Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....o.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petitioner is a law abiding permanent citizen of Bangladesh. The pet......……………………Petitioner Vs. Government of Bangladesh…………………………Respondents Judgment January 1, 2011. Result: The Rule is disposed of with observation and direction. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. ......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....dge. Non-examination of the Investigating Officer may, in certain circumstances, be fatal if it could be shown that by that way the accused is substantially prejudiced in his defense. In the peculiar facts of the present case it is most likely that such non-examination has preÂjudiced the accused i......¦â€¦â€¦â€¦â€¦Respondent Judgment January 16, 2011. Result: The appeal is allowed. Jail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (...... to assess the possibility of confinement of an armed man, as the appellant is. It is unclear how a person can see from outside one who is confined in a room, as P.W. 2 did. 9. As is manifest from evidence that the family from where the appellant allegedly tried to extort money at gun point was a..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ose went against weight of evidence, materials on record and suffered from patent wrongness, dodderiness and waywardness. Decision and reasons are discreet, prudent and judicious. 35. Decisions on facts reached by Appellate Judge as last and final Judge of fact based on evidence and materials on ...... Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ion of any witnesses is an indication that cultivation of fish on suit pond by Defendants did not appear to have been proved. Defendants could not demolish the case put forth by Plaintiffs and, also, evidence of P.W.2 that he cultivated fish on suit property. iii. D.W.1 himself admitted that boun..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....enÂdered 2 witnesses. 6. Mr. Md. Atiur Rahman, learned Advocate, appearing for the condemned prisÂoners, submits that, the case as stand against the condemned prisoners is not sustainable on the facts of the given case as, the learned Advocate submits that, prosecution failed to prove that, the......preme Court High Court Division (Death Reference) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State................................Petitioner Vs. Rois Khan and another……………………Condemned prisoners Judgment July 12, 2009. Result: ...... the exclusive possession of the condemned prisÂoners, they can not be convicted under the charge framed against them. Learned Advocate further submits that, prosecution failed to produce any cogent evidence that such huge quantity of heroin was brought into Bangladesh within the knowledge of the c..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....udgment and decree dated 12-3-1991 (decree signed on 18-3-1991) passed by the Assistant Judge, Kachua, Bagerhat in Title Suit No.14 of 1998 dismissing the suit should not be set aside. 2. Material facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 i......nce. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ...... liable to be set aside. He next in the course of argument after placing the materials on record submits that the judgments of two Courts below are based on total non-consiÂderation of the materials evidence on record and the findings of the Courts below are shockingly perverse to the extent that t..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....ions made in the account over the years; sudden deposit of disproportionately higher amount of cheques that too in quick succession and withdrawal of almost the entire money in undue haste- the basic facts relatable to 'good faith' and/or 'negligence' on the part of the defendant in exercising its d......: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Premchand Vs. Nath Bank, AIR 1946 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); Br......e its job from opening the account to collecting the cheques in good faith and without negligence. With the issues boiled into one we can conveniently cut our story short and be confined to pieces of evidence having direct bearing on the issue. 9. P.W.1, a Senior Principal Officer of the pl..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....case within the purview of section 561A for the purpose of quashing a proceeding one of 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) Whe......t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Farah Mahbub J Atiqullah Pathan (Dhanu)......................Petitioner Vs. State and another......................Opposite Parties Judgment February 11, 2010. Result: ......by order dated 16-11-2006 and that the accused petitioner is on bail on 01-8-2007, he field new power and prayed for adjournment which was allowed and the next date was fixed on 23-10-2007 for taking evidence. 6. Being aggrieved by and dissatisfied with the impugned proceeding of Sessions case No..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....ncellation of the Export Registration Certificate of the petitioners and, as such, it offends the principle of natural justice. The principle laid down in the aforesaid decisions is applicable in the facts and circumstances of the present case. 12. Mr. Rafiq‑ul‑Huq further submits that the ri......s also Reported in:49 DLR (HCD) (1997) 498. ......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....l at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of t......sana Begum, Advocates - For the Respondent. First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Sui......ort to the case that the land sold was stridhana of the vendor, not inherited by her from her husband. 14. Mr. SN Goswami, learned Advocate appearing for the respondent contended thatthe facts and evidence on records closely considered lead to the single conclusion that the suit land was inherite..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
....Ziaul Karim J.- This is an application under Section 12 read with Section 13 of the Companies Act, 1994 for confirmation of the amendment of object clause of Memorandum of Association. 2. Material facts are that the petitioner is a Public Company Limited by shares duly incorporated on 18-9-2003 u......174 of 2009. Judgment Syed Md. Ziaul Karim J.- This is an application under Section 12 read with Section 13 of the Companies Act, 1994 for confirmation of the amendment of object clause of Memorandum of Association. 2. Material facts are that the petitioner is a Public Company Limited by sh...... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....udge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that on 27-9-2007 plaintiff instituted Money Suit No.4 of 2004 in the Sadar Court of Assis......he opposite party. Civil Revision No.4172 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted at the instance of defendant petitioner to consider whether the impugned judgment and order dated 29-6-2008passed by learned Special District Judge, Court No.1, Rajshahi, rejecting C......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....to why the judgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Cl......gment Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rang......brought against him was proved. On the basis of enquiry report, the plaintiff was dismissed from service. 4. The learned Assistant Judge framed issues on the pleadings and both the parties adduced evidence thereon. The learned Assistant Judge, on perusal of the evidence on record, found that the ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....d deed of partition and the High Court Division expressed its disapproval to appointment of receiver in such cases even if the deed was challenged as fraudulent etc. which is distinguishable with the facts of the instant case. 15. The case referred to by Mr. Nawroz MR. Chowdhury reported in 35 DL...... This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....oerced to sign on 17/18 blank sheets and therefore the enquiry was perfunctory. He was also not given any opportunity of defence and was denied natural justice. The Labour Court after considering the facts and circumstances of the case and evidence on record rejected the petitioner's application and...... Shaukat Ali ..................Petitioner [In Writ Petition No. 305 of 1987] Abdul Matin ...................Petitioner [In Writ Petition No. 306 of 1987] Vs. Chairman, Labour Court, Khulna and others ................Respondents Judgment March 1, 1992. Result: The rules are dis...... therefore the enquiry was perfunctory. He was also not given any opportunity of defence and was denied natural justice. The Labour Court after considering the facts and circumstances of the case and evidence on record rejected the petitioner's application and upheld the order of dismissal passed by..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....al right. 4. Petitioner flied an affidavit-in-reply to the affidavits-in-opposition filed by the respondents reiterating what have been stated in the writ petition and also stating some additional facts. In paragraph 7 of the affidavit-in-reply it has been stated: “marking system introduced wit......ourt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Junnur Rahman (Md.)…………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment May 20, 1997. Result: The Rule is discharged......y the petitioner in the interview at the hand of 3 examiners out of 4 and as to whether the said marks should have been counted as 18 marks can be agitated before the Administrative Tribunal adducing evidence as to the practice followed in such matters. Since the writ petition is not maintainable we..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....he respondents to show cause why a direction should not be given upon them to appoint the petitioner to the police cadre in the service of the Republic with effect from 15th November, 1995. 2. The facts as stated in the petition, in short, are that, the petitioner who has a good academic record a...... Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mas......port regarding the petitioner. This Court will not normally concern itself as to whether the respondents are justified in coming to the conclusion against the petitioner, on the basis of the material evidence available before them. But it is hard to overlook the fact, as observed by the Public Servi..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....orted in (1963) PLD (Karachi) (DB) 1, Ghulam Vs. The Crown 1950 PLD (Lahore) 90, Baktiar Hossain Vs. The State reported in 47 DLR (BCD) 542 but those decisions do not apply in the present case as the facts and circumstances of those cases are disÂtinguishable from that of the present case. 33. O..........Respondent Monir Hossain @ Tutul....................................Appellant Vs. The State.....................................................Respondent Judgment May 8, 9, 10, 11 and 12, 2011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeal......nnocent and they have been falsely implicated in this case out of previous enmity and grudge. 6. The learned Additional Metropolitan Sessions Judge having heard both the parties and considered the evidence adduced by them and the materials on record convicted the appellants Tutul and Fazlur Rahma..Category: Criminal Law | Date: | Hits: 98
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......f Hossain J.- This Application under section 439 of the Code of Criminal Procedure arises out of a proceeding under section 145 of the Code. 2. On application filed by the second party petitioners and after obtaining a report from the local Municipal Commissioner the Sub-Divisional Magistrate, No...... land was attached and the officer-in-charge of the local police station was appointed as receiver. The parties were also directed to file written statements. The parties filed written statements and evidence of witnesses of both the parties were recorded on several dates from 20.11.1978 to 09.09.19..Category: Procedural Law | Date: | Hits: 116
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......is also Reported in:
......without challenging the same, the petitioners cannot pray for any relief, which is not provided therein. Although petitioner 1 was getting state honorarium, it was stopped as he failed to produce any evidence supporting his claim of injury during the war of liberation. However, the Trust admitted th..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....in law. The learned Advocate further submits that inspite of the fact if the Hon'ble Court is pleased to uphold the impugned judgÂment and order of conviction and senÂtence, in consideration of the facts and circumstances as above, his sentence may be commuted to imprisonment for life from death. ...... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners ......lam could not be examined under Section 342 of the Code of Criminal Procedure as they remained on absconsion. 6. Besides the aforesaid 10 witnesses being examined, the prosecution has also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided f..Category: Criminal Law | Date: | Hits: 99
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