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Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....reason for acquitting them from the charges. He further submitted that the learned Additional Sessions Judge without considering the material evidence on record on irrelevant consideration of certain facts acquitted the accused on manifestly wrong and perverse grounds. 3. Learned Advocate for the...... Supreme Court High Court Division (Criminal) Present: Kazi Ebadul Haque J Md. Abdul Quddus J Dulal Miah @ Dulal @ Nurun Nabi……………………Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is......rog Ali, Anwarullah and Shafi Ullah he did not assign any reason for acquitting them from the charges. He further submitted that the learned Additional Sessions Judge without considering the material evidence on record on irrelevant consideration of certain facts acquitted the accused on manifestly ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... pre‑emption case on the finding that the learned trial Court was manifestly wrong in disallowing pre-Âemption on the ground of limitation. The learned Court of appeal below also found that in the facts and circumstances of the case and the evidence on record the pre‑emptor is entitled to preâ€......1998) 616. ......learned trial Court was manifestly wrong in disallowing pre-Âemption on the ground of limitation. The learned Court of appeal below also found that in the facts and circumstances of the case and the evidence on record the pre‑emptor is entitled to pre‑emption. 6. Mr. Md. Osman Gani, the lear..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....akhali in Title Appeal No.126 of 2000 affirming the Judgment and decree dated 14-5-2000 passed by the learned Assistant Judge, Companygonj in Title Suit No.66 of 1996 decree the suit. 2. The short facts which have given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Su......High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J AKM Abu Sayed Chowdhury……………………………Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: ......efendant as plaintiff filed TS No.115 of 1974 cancelling sale deed dated 8-5-1971 and that the Suit was compromised on the basis solenama on 9-8-1997 which is genuine. 11. Both the parties adduced evidence on the trial Court and the trial Court on consideration of the evidence on record it appear..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....ce the High Court is seized of the case in the exercise of such jurisÂdiction it can in accordance with section 115, C.P.C., "make such order in the case as it thinks fit." Having regard to these facts and circumstÂances and our discussion above, we find that there is no substance in the conten......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made abÂsolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder AgenÂcies, 16 DLR (SC) 155. Lawyers Involved: ......plication was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examinaÂtion nor the applicatio..Category: Trust/Waqf Law | Date: | Hits: 134
....default to suffer rigorous imprisonment for a further period of six months under Martial Law Regulation No.11.
2. The case has a chequered history of its own and it will be seen from the following facts. It is the case of the accused that while he was posted as a Veterinary Assistant Surgeon at G......ial Original Jurisdiction)
Present:
Anwarul Haque Chowdhury J
KM Hasan J
Nazmul Hossain (Md.)................Petitioner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made a......ss three rivers by country boats. The accused having committed no offence in law or under any of the provisions of the Martial Law Regulations ex facie the entire proceeding is a nullity. There is no evidence on record to show that the prosecution had been able to prove the charge as leveled against..
Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... passed by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case No.97 of 1991 dismissing the appellant's application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the appeal are that respondents filed a suit for partition before ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Gazi Shafiuddin J Gour Gopal Saha J Siddique (Md.)………………………..Appellant Vs. Yeakuti Begum and others……………………………Respondents Judgment June 4, 1997. Result: Th...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....nt of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are that, the petitioner's company, which under the name ......Wahidullah Majumder…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, and others………………..Respondent Judgment March 19, 1997. Result: The Rule is ma......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....nt Judge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 197...... in: 50 DLR (HCD) (1998) 613. ...... present Rule. 4. Mr. Sultan Ahmed, the learned Advocate appearing for the petitioner, has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of justice. It..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......Lahore 733. Lawyers Involved: Menhazuddin Ahmed, Advocate ‑ For the Petitioner. Civil Order No. 3228 of 1998. Judgment Md. Abdul Karim J.- This application at the instance of the husband‑petitioner under section 115 of the Code of Civil Procedure is directed against the judgment a......male child above the age of seven years and that the Court passed the order of maintenance of two minor sons, who have been living with the mother violating the settled principle of law. 4. In her evidence P.W.1 Tahera Begum mentions that she married the petitioner, who was posted as Sub‑Divisi..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. The relevant facts for disposal of this Rule are as follows: The petitioner is a partnership firm engaged in t......t Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: Th......1 submitted that the impugned order dated 12-12-2009 was passed on the basis of inspecÂtion made by the VAT Authority into the premises at Gulshan owned by the petitioner and the VAT authority found evidence for making of advertiseÂment activity described as an advertising firm under the VAT Act. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....ved the case of recovery arms and ammunition from the possession of the convicts and that, there is no legal bar to sustain the conviction based on the evidence of the police personnel. 10. In the facts and circumstance of the case, the point for determination, before us, is as to that whether th......HCD) (2012) 133. ......State, submits that the P.W.1 and P.W.2 have proved the case of recovery arms and ammunition from the possession of the convicts and that, there is no legal bar to sustain the conviction based on the evidence of the police personnel. 10. In the facts and circumstance of the case, the point for de..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....evel of construction and demolition of any building and/or why such other or further order or orders, as to this Court may seem fit and proper, should not be passed. 2. Shortly stated the relevant facts necessary for disposal of the Rule Nisi are as follows:- Petitioner No.1 Bangladesh Legal A......to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....order, meaning thereby the committee is still functioning. If the order of injunction sustains that will invite a lot of problems with the smooth administration of the affairs of the school. From the facts and circumstances and discussions made above it is very much clear that the learned Joint Dist......e date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......s been made in the prayer of temporary injunction application. Whether the committee has been framed legally or illegally is a question of fact and that can be decided by the trial Court after taking evidence of both the parties. The Managing Committee in question having started functioning since be..Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....and Cosmetics. We find that the conviction and sentence against the appellants are not based on legal evidence and as such the same cannot be sustained in the eye of law. 25. Having considered the facts and circumstances of the case we are of the view that the prosecution miserably failed to prov......d. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......wo witnesses namely P.W.5, Md. Golam Rahman and P.W.6 Nasiruddin for cross-examination but the defence declined to cross-examine them. The defence examined none. 6. After closer of the prosecution evidence while the accused on dock, when examined under section 342 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....pending in the Court of Joint District Judge, 2nd Court, Cox's Bazar should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts relevant for disposal of this rule briefly are that, on 16.04.2009 opposite party No.2 filed a......his Case is also Reported in: 7 LG (HCD) (2010) 371. ......nt dated 17.08.2005 it has been recorded that, "both the parties claimed their possession. Whether the comÂplainant party or the accused-petitioners are in possession of the case land is a matter of evidence to be decided at the time of trial. It appears from the annexure of the instant miscellaneo..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Order No.103 dated 18.10.2009 passed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necÂessary for disposal of the Rule are that the opposite party No.1, Janata B......0) 365; 18 BLT (HCD) (2010) 266. ......ssible to be held for any reason. 25. On an analysis of the impugned order vis-a-vis the application for issuance of warrant of arrest against the judgment-debtor-petitioners filed on 18.8.2009 as evidenced by 'Annexure-H' to the revisional application and the decisions reported in 15 BLC (AD) 11..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....aon in Title Appeal No.182 of 1991 (arising out of partition suit No.12 of 84) rejecting the application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure. 2. The material facts necessary for disposal of this Rule are that the present petitioners filed an application befo...... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......tion was rejected by order dated 30.5.99 (Annexure-A) on the ground that the petitioners could not establish their clear right, title and interest in the suit land by producing sufficient documentary evidence and thereupon the petitioners after collecting all relevant papers in support of their righ..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....on their behalf is that they are innocent and they have been falsely implicated in the case basing on confessional statement which was procured by torture and coercion. 10. On consideration of the facts and cirÂcumstances of the case and evidence on record, the learned Sessions Judge, Meherpur w...... ......ons and the accused persons present pleaded not guilty and claimed to be tried. 7. The prosecution examined 12 witnessÂes who were cross-examined by the defence and the defence did not adduce any evidence. 8. After the completion of the examination of the prosecution witnesses, the accused pe..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....nd manner of occurrence during their cross-examination. 13. P.Ws.2, 4 and 6 who are the companÂion forces of the informant have also deposed corroborating the informant ( P.W.1 and 7) on material facts regarding time, place and manÂner of occurrence and recovery of the seized fire arms and ammu...... 4, 2010. Result: The Rule is disposed of. Lawyers Involved: S. M. Abdur Rouf - For the Accused-Petitioner. Md. Ensan Uddin Sheikh, Assistant Attorney-General, Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-Generals - For the State-Opposite Party No.1. Cr......es for the prosecution and none for the defence were examined in this case. Ultimately, the learned Additional Sessions Judge, 6th Court and Special Tribunal No.14, Chittagong having considÂered the evidence on record convicted all the aforesaid 3 accused persons including the petitioner, Ejlash Mi..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....lication under section 5 of the Limitation Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous deciÂsion occasioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family C...... 7 LG (HCD) (2010) 362. ......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
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