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Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... and against this rejecÂtion order the petitioner preferred a Miscellaneous Appeal before the learned District Judge and this was also dismissed on the ground of non-maintainability. Considering the facts and circumstances of the case we also do not find any substance in this Rule as the Artha Rin ......) 356. ...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
.....2669 of 2000. With Writ Petition No.6451 of 2007. Judgment Syed Refaat Ahmed J.- These two Writ Petitions under Article 102 of the Constitution are premised upon the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view......……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen......stained, there was hope for the peaceful co-existence of the tribal and non-tribal people, which would allow the tribesmen to preserve their own life and culture." 15. Therefore, as part of and in evidence of the latest phase in apolitical arrangement or exercise to restore peace in the CHT, on 2..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. The State…………………………Respondent Judgment March 6, 2005. Result: The appeal is allowed. Cases Referred to- Mohammad Ali and another Vs. State, 1 B.L.C 164. Lawyers Involved: No one - For the appellant. Md. Ibrah......vestigating officer examined as P.W.7, P.W.2 S.I. Md. Selim Azad filled up the First Information Report form and P.W.4 Babul is the witness of the seizure list. 7. After closure of the prosecution evidence the accused on dock were examined under section 342 of the Code of Criminal Procedure again..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....d special judge, special Tribunal Court No.6, Kishoregonj in Special Tribunal Case No.02 of 2002 convicting the petitioner Soharaf Uddin Sohrab to suffer rigorous imprisonment for 10 years. 2. The facts of the case are that, the informant S.I. of police Abdul Awal lodged and FIR before the office...... The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and ......xamined by the defence. 5. After completion of the examination of the P.Ws., the accused person were examined under section 342 of the Code of Criminal Procedure and the defence did not adduce any evidence. 6. The defence case as it transpires from the trend of cross examination and the sugges..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....the petitioner, however, obtained an interim order of stay of further proceeding of the Session Case No.697 of 2008 for 6 (six) months. The stay was subsequently extended from time to time. 4. The facts leading to the issuance of Rule, in brief, are: On 03.5.2007, one Mohammad Ali filed a peti......007 before the cognizance Court No.1, Sylhet stating, inter alia, that accused, namely, (1) Chowdhury Ataur Rahman Azad (40), (2) Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/-......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
.... passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 of 1993 should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2, Shahera Khatun, filed the complaint Case No.450 of 1......J
Md. Fazlul Haque J
Bangladesh Film Development Corporation, represenÂted by the Managing Director ……………………………….Petitioner
Vs.
Chairman, 1st Labour Court, Dhaka and others……………..…………….Respondents
Judgment
November 11, 1996.
Result:
......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......na Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirmi......ission for the second marriage. Another ground is that, the appellate Court was not empowered to award sentence of fine in addition to the sentence of imprisonment. 3. Perused the judgment and the evidence on record. It appears that in this case the accused also examined three witnesses and those..Category: Procedural Law | Date: | Hits: 105
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....nir subÂmitted that the appellate court wrongly held that the execution of a Bainapatra by the said Raja Kha in favour of the defenÂdant No.3 on 01.01.1979 was more probÂable-to be believed on the facts and cirÂcumstances of the case, without noticing that if there any bianaparta executed on 01.......70. ......plaintiff is the attesting witness in the document of sale through which the defendant No.3 purchased the adjacent land argued that the appellate court miserably failed to consider the circumstantial evidence that the probability of genuinity of the Bainapatra is in favour of the plaintiff, sin..Category: Property Law | Date: | Hits: 119
....n should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation of the impugned judgment and order.
2. The facts of the case of the petitioners as stated in the writ petition are, inter alia, that the respon......isdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Editor, Bangladesh Observer, Dhaka & another…………………Petitioners
Vs.
Member, Labour Appellate Tribunal and others……………………Respondents
Judgment
June 14, 1998.
Result:
The Ru......unal, Dhaka in Appeal No.3 of 1993 dismissing the same and affirming the judgment and order dated 14‑1‑93 passed by the Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have b..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....odel Police Station Case No.13 dated 11-12-2009 corresponding to G.R. No.507 of 2009 under sections 302/34 of the Penal Code pending in the Court of Chief Judicial Magistrate, Comilla. 2. Material facts are that on 11-12-2009 at 02.05 p.m. the informant Md. Zahurul Islam lodged a first informatio...... Zahurul Islam lodged a first information report against ten accused including the petitioner alleging inter alia that on 10-12-2009 at 5.30 p.m. while his brother Saiful Islam Munna since dead was standing in front of a fruit shop at Tamsom bridge, then the accused Rabin called him and took behind ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..Category: Criminal Law | Date: | Hits: 98
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set aside on the ground of irregularity or fraud unless upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by reason of......ase is also Reported in: 16 MLR (HCD) (2011) 457. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... Writ Petition No.6235 of 2009. Judgment Md. Delwar Hossain J. - These 2(two) Rules Nisi are taken up together to be disposed of by this single judgment as common question of law and similar facts are involved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an application unde...... Court Division (Civil Appellate Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J Md. Shahab Uddin Chowdhury.......................Petitioner Vs. Bangladesh and others..................................Respondents Shahab Uddin Chowdhury………………â......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....f Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for another period of four (4) months. 2. The relevant facts for disposal of the Rule is that the complainant-opposite-party No.2, a shareÂholder of Expor......sion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ously the accused wrote a letter to the Bank to stop payment because only 10% of the work was done by the complainant but more amount of bills was already withdrawn by her. 6. In view of the above facts and circumÂstances of the case, the points for determination is whether the case of the compl...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ......nder section 265C Cr.P.C. 19. The legislature has enacted section 265C apparently to protect the accused from facing the agony of futile and useless trial when the statementsof the complainant and evidence available on record do not make out prima facie case against the accused. Just as the accus..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
.... not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was stayed and subsequently extended from time to time. 3. The facts leading to the issuance of the Rule, in brief, are: The petitioner, Eddystone Broadcast, is...... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ...... prior to their acceptance. (emphasjs is ours) (2) Such grounds for rejection are justified when the tenders, proposals or quotation submitted are not substantially responÂsive, or where there is evidence of lack of competition, or where all tender, proÂposal or quotation prices substantially e..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
.... in the confession and that is why he made the confession and this has been consistently stated by him in answer recorded under section 342 of the Code. The learned trial Court did not consider these facts at all. He also failed to consider that as against a co‑accused, the evidentiary value of a ......……Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers......ccused appellant under section 25B(1)(b) and section 25D 25B(1) of the Special Powers Act, respectively. The accused appellant to which pleaded not guilty. He was also examined after the close of the evidence under section 342 of the Code of Criminal Procedure. 5. As many as 13 witnesses were exa..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....er the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus the Court of appeal below shirked its responsibility in deciding the appeal on merit. In the facts and circumstances stated above Court of appeal below acted illegally in allowing the appeal an......ditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......and payment of ad valorem Court‑fee by the plaintiffs it cannot be doubted that plaintiffs' suit was for declaration of title and partition. 14. Court of appeal below did not at all consider the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
.... and then handed him over to police. He denied the defence suggestion that no occurrence took place as stated by the prosecution at the time and in the manner or that they were suppressing the actual facts about the murder of Safer and Rashid, because if the truth is disclosed then their won men wou...... Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ah...... during his deposition. He then said that the smaller of the two weapons, was found in possessionof Kamal while the bigger one was in the hand of Emdad. The revolvers and the bullets were admitted in evidence as material evidence II series and the emptycartridges III series. He also identified the m..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....or circumstantial evidence like the conduct of the parties including their acts, words and writings. Conspiracy being a matter of inference Lord Mansfield observed "that the evidence as to the actual facts of conspiring must be collected from collateral circumstances." 10. On the other hand, in t...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah......ter the alleged occurrence of 15th August 1975. That out of 74 witnesses examined none implicated the petitioner with the offence of criminal conspiracy or murder with common intention or suppressing evidence and, as such, the framing of the charge and her prosecution would be an abuse of the proces..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Sheema Begum…………………………………………Appellant Vs. The State…………………………………………...Respondent (In Criminal Appeal No.343 of 2001) Saiful and Others…………………………………………Appellants Vs. The State………â€......onvict appellants as aforesaid. 3. The prosecution in this case has examined as many as all P.Ws. to prove the case of murder while the condemned prisoner and convict appellants did not adduce any evidence. 4. The learned Counsel for the condemned prisoner including the convict appellants subm..Category: Criminal Law | Date: | Hits: 94
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