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Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... because of the above mentioned injured vessel which was ante mortem and homicidal in nature. Defence declined to cross-examine PW 6 Dr. Sanjoy Kumar Paul too. 12. PW 7 Abul Foiz Md. Alauddin Khan claims in his evidence that on 28-2-99 he was posted as an Assistant Commissioner and Magistrate in ......o. 3203 of 2001. Judgment Md. Ashfaqul Islam J. - This death reference No. 36 of 2001 under section 374 of the Code of Criminal Procedure has been made by the learned Sessions Judge, Lakshmipur for confirmation of the sentence of death imposed upon the condemned prisoners (1) Md. Ibrahim, (2) ......y she came to know the names of the condemned prisoners as Abul Kalam alias Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further s..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....sed his entire land inherited and purchased under khatian No. 1102 and the pre-emptor was not a co-sharer in such khatian the pre-emptor was not entitled to pre-empt the impugned transfer. 9. They claimed that as the pre-emptor already disposed of all his land Including his share in the homestead...... No. 1 of 2000, which allowed pre-emption. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case No. 25 of 1997 for pre-emption of transfer of the case land measuring about 2.89 acres of land appertaining to SA K......vice of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy of the impugned sale deed she became sure about the transfer and deposited in Court the consideration money along with statutory compensation for pre-emption of the case land. 7. Appellants opposed t..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......tiff-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petition......rty-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petitioners-opposite par..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....maintenance as she was not added as party therein and that she is however entitled to get maintenance from her father from 18-5-1990 till she is married. The plaintiff being represented by her mother claims maintenance at the rate of Taka 2000 per month with effect from 18-5-1990, which shall contin......in Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The ca......sted the suit by filing written statement saying, inter alia, that Feroza Afroz, the mother of the minor plaintiff, instituted Family Suit No. 11 of 1990 in the Family Court, Shaturia, claiming dower money and maintenance for her and also for her minor daughter, the present plaintiff; that on 18-5-1..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....dence of PW 12, and the confessional statement of Minu that she was standing near the bedroom of Shajneen as directed by Hasan which means that in fact she played the role of a guard. She has however claimed that she participated in that manner because of the threat of Hasan to kill her. It is to be......on 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Islam al......e condemned prisoner Hasan is that an amount of Taka 1,42,00,000 remained due from his employer PW 2 Latifur Rahman in connection with the renovation work of the PO house and to deprive Hasan of this money he has been falsely implicated in this case. On the other hand, defence of condemned-prisoner ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....vernment dues and that present RS and SA khatians were correctly prepared; that the alleged auction purchase is legal and acted upon and the disputed order of Kha schedule is legal and fair; that the claim and cause of action of the plaintiffs is false, and that solenama filed by the plaintiffs and ......ee dated 19-7-1999 passed by the Subordinate Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-19......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....Joypurhat who on the basis of materials on record framed charge under sections 395. 397 of the Penal Code against all the accused and read it over to them on dock to which they pleaded not guilty and claimed to be tried. In course of trial the prosecution examined seven witnesses and the defence exa......r namely, accused Hani alias Habibur Rahman under sections 395 & 397 of the Penal Code and sentencing the accused-appellant No. 1 and accused Habi @ Habibur Rahman to suffer rigorous imprisonment for four years each with a fine of Taka 2,000 in default to suffer rigorous imprisonment for three m......armed with daggers forcibly entered into his house and caught hold of him. The dacoits tied up his hands, neck and mouth and felled him down. The dacoits also assaulted him with iron rod and demanded money and gold, he recognized 4 dacoits by the light of hurricane and torch light of the accused tha..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ance and on 3‑793 PBL transmitted non-acceptance by telex. Gemini believed that in all likelihood the cancellation reached the negotiating bank earlier to the acceptance. 8. Gemini further claimed that it discovered that the documents forwarded by the KEB were fraudulent inasmuch as "frei......and Mastas, [1966) 2 Lloyd's Rep 495; Uttara Bank Vs. Macneil and Kilburn Ltd and others, 33 DLR (AD) 298; Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371: Janata Bank Vs. Ahmedia Garments 40 DLR 72; Comforts Apparel Vs. Imperial Knitting Industries Ltd and others, 52 DLR 350; Chartkar Information Hold......93 the plaintiff Gemini Garments Ltd, in brief, Gemini, instituted the suit against the appellant and others for a decree of declaration that first defendant, Pubali Bank Ltd. (PBL) shall not pay the moneys due under the letter of credit No. PBL/LO/ST/114/93 dated 9‑5‑1993 to said third defendan..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....ding that such 'Shoronlipi' and 'rent receipt' cannot be treated under the facts and circumstances of the present case document to be relied on or on the basis of which the title of the defendants as claimed could not be established but the High Court Division without applying it's judicial mind...... Julfikar Ali and Majar Ali took jote settlement by executing a registered Kabuliyat dated 15 Sravan, 1283 B.S. concerning an area of 1 hal, 2 kedars and 2 jasti at a rental of TK.4.50 per year and for arrear rents the landlord filed rent suit No. 132 of 1935 and got decree and while said Majar Al......e alleged story of transfer of the suit land by defendant No.25 to Masaddar Ali, plaintiffs' predecessor cither by executing any document or by adducing any evidence as payment of any consideration money, delivery of possession, and more particularly when P.W.1 in his deposition stated that except..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
.... prepared wrongly according to R.S. Khatian. But in the B.S. khatian the said mistake was corrected. The defendants have been owning and possessing the suit land by regular payment of rent etc. The claim of the plaintiff of wrong record in the B.S. Khatian is not correct and the same was very much......dvocate-on-Record- For the Petitioner. Mahbuhey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the H......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......
Md. Muzammel Hossain J. - This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why inclusion of the petitioner Nos. 1 and 2 in the Credit Information Report as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 is......IB report. The whole purpose of the petitioners is to take benefit under the garb of law not in compliance but in total defiance and disregarding the law of the land and in the process not to pay any money to the bank. The respondent No. 3 has filed Money Suit No. 74 of 2002 in the Court of Artha Ri..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....he case was started in the Patenga Police Station being No. 10 dated 24-9-2000. Thereafter, on 30-9-2000 the vessel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. Accordingly, tender for sale of the vessel was published on 31-10-2000 in three ......aval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 crews of three vessels and then came to Patenga Police Station with the sa......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......2002 have been preferred by the convict-appellants namely, Abul Khair alias Md. Abul Khair, SM Rafique, Md. Sharifullah and Abdul Awal respectively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgm...... "222. Particulars as to time, place and person.- (1)…………………………………….. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....the law must be clearly established. The word "life" within the meaning of Article 31 includes the right to livelihood and the right to live consistently with human dignity and decency. No person can claim as a matter of right that the State should provide him with a livelihood. But it is well estab......Rules are heard together and are being disposed of by this single judgment. 3. In Writ Petition No. 1605 of 2000 the petitioner being a citizen of Bangladesh has been engaged in running a Saw Mill for about 11 years with due permission and licence from the concerned authority. He has been doing t......ated that if the owner of a sawmill fails to comply with the provisions of the Forest Act or any Rules framed there under or any order passed by a competent authority under the said Act, his security money amounting to Taka 10,000 would be forfeited. The Sylhet Forest Transit Rules, 1951 have been p..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... that if there is a transfer of the machinery and if the transfer had taken place in the process of formation or setting up of the new industrial undertaking, then the assessee may not be entitled to claim the benefit of tax exemption. Accordingly, it is to be seen whether the lease of the machineri......ah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonuddin Mahmud, Advocate—For the Petitioners. Kazi Waliul Islam, Assistant Attorney-Gene...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....1973. 5. Defendant No. 4 on 13-12-1973 got a decree in Title Suit No. 56 of 1972 of Second Court of Subordinate Judge at Barishal in respect of 1.11 acres of the suit land on the basis of 'Pattan' claimed to have been obtained by his mother. When the predecessor of the plaintiffs challenged the d......der and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Oppos......got possession of said land. PW 6 Yusuf Ali tried to corroborate PW 1 on 'Benami' in his chief saying that in the deed dated 29-12-1972, Exhibit- 1(c) he was a witness and he saw Ishaque Ali paid money to Rebuti Ranjan in his presence. But, in cross, he said that he was a moharar of Advocate Aft..Category: Property Law | Date: | Hits: 79
.... which case the provisions of the Building Construction Act, 1952 are relevant, but those provisions do not apply to constructions undertaken by the government.
21. With regard to the petitioners' claim that the construction is in violation of the 'Master Plan', Mr. Kamal submitted that the plan ......nd 3.
Writ Petition No. 3548 of 2003.
Judgment
Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the Speaker and Deputy Speaker within the National Assembly Area in violation of the original pl...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......Project Director, Expansion and Modernisation of Demonstration Farm Project, Rural Development Academy, Bogra (respondent No. 4) canceling the work order dated 12-6-2004 issued to the petitioners and forfeiting the earnest money and bank guarantee contained in Annexure G in respect of supply and ins......sion and Modernisation of Demonstration Farm Project, Rural Development Academy, Bogra (respondent No. 4) canceling the work order dated 12-6-2004 issued to the petitioners and forfeiting the earnest money and bank guarantee contained in Annexure G in respect of supply and installation of Agricultur..Category: Business or Commercial Law | Date: | Hits: 186
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....hment of properly of person absconding.- (1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immovable or both, belonging to the proclaimed person. (2) Such order shall authorise the attachment of any property belonging to such ......, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 15(fi......im and took him inside the gate and then and there 5 persons pushed and drove him inside the room and shut the door. They demanded Taka 10(ten) lac and threatened to kill him if he failed to pay them money and one of them fired a shot and also gave a blow by the butt of the revolver on his head. The..Category: Criminal Law | Date: | Hits: 65
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
.... justifiably. The Learned Advocate for the opposite party No. 1 submits in response that this Court sitting in revisional jurisdiction in seeking to detect an error of law in the impugned judgment as claimed by the petitioner must not, inter alia, lose sight of the need to enquire into the extent to......of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by on......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
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