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Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

....ed and the deceased which subsequently ended in a divorce and further that she had instituted a suit for maintenance against the deceased Sultan. We are, therefore, of the clear opini­on that in the facts and circumstances of the instant case when a man has been done to death out of enmity and pers......r section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and perused the petition. 3. It appears that upon a First Informa­tion Report lodged by the in....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..

Category: Criminal Law | Date: | Hits: 145

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

.... offence by excluding the possibility that any other person might have committed the offence. The chain of events must be such that the possibility of innocence of accused is wholly excluded and such facts are incapable of explanation of any, other reasonable hypothesis other than the guilt of the a...... Criminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 19......jointly in furtherance of common intention killed the deceased Joynal and hanged him with a 'Dharna' of machine room adjacent to the house of accused Rowsanara @ Roushani for causing disappearance of evidence of offence. The left testis of the deceased bore swelling injuries, having had heard the fo..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....xecution of the agreement and that as the plaintiff has no legal entitlement over land and the plaintiff purported to obtain an order under the specific performance of contract by concealing the real facts and therefore, the suit is liable to be dismissed. 9. The following issues were framed in t......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......xhibit-ga(1), DCR marked exhibit-Ga(2), Deed exhibit-Gha, DCR marked exhibit Oma and rent receipt- Oma (1) in support of their contention. 13. The learned Subordinate Judge on consideration of the evidence on record decreed the suit by his Judgment dated 07.02.2000 finding merit of the case. 1..

Category: Civil Law | Date: | Hits: 102

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

.... of the Penal Code and sentencing him there under to suffer imprisonment for life and also to pay a fine of Tk.10,000/- in default, to suffer R.I. for a further period of 2(two) years. 2. Relevant facts necessary for disposal of this leave petition are that the present Criminal Petition for Leave......ior Advocate, Instructed by Md. Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.187 Of 2009 (From the judgment and order dated 22.07.2008 passed by the High Court Division in Criminal Appeal No.3701 of 2008) ......t guilty. 6. At the trial the prosecution had examined 17 witnesses in support of its case and the defence examined none. 7. The learned Additional Sessions Judge, Sherpur on examination of the evidence and materials on record by judgment and order dated 25.08.2004 convicted the above petition..

Category: Criminal Law | Date: | Hits: 116

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....ute. It is declared that order dated 2‑6‑96 (Annexure‑C) issued by respondent No.3 in favour of respondent No.5 to have been passed without lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is ......ginal Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Ataur Rahman……………………………Petitioner Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………......out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....otice as required under Article 7(3) of the Ordinance was never issued to the occupiers of the case property, leading to the impugned publication in the Official Gazette on 23rd October, 1986. In the facts and circumstances of the case and the materials on record the whole exercise appears to be ill......This case is also Reported in:49 DLR (HCD) (1997) 325. ......rial allegations of the petition. The learned Court of Settlement by its impugned Judgment and order dated 29‑3‑1992 has been pleased to dismiss the petitioners' case on findings that there is no evidence on record to prove that Ahmed Reza and his sons and daughters had been living in Bangladesh..

Category: Property Law | Date: | Hits: 116

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....sentation so that the fact of detention as distinguished from order of detention is valid the Court is to consider whether the grounds are vague or indefinite or irrelevant or are co‑extensive with facts on pain of the detention being invalid.” 9. Thus from the above decision of the Appellate...... made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina Karim Vs. Bangladesh, 44 DLR 366; Yeasmin Akhter, 15 BLD 655; IskandarLashker, 47 DLR 12. Lawyers Involved: Moudud Ahmed with S. M. Emdadul Hoque, Advocates ......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

.... 2004 partly reversing the judgment and decree dated 05.09.2004 passed by learned Joint District Judge in Artha Rin Case No.41 of 1998 decreeing the case against defendant Nos.1 and 3 only. 2. The facts leading to the filing of this Civil Petition for Leave to Appeal, in short, are: The Intern......p;  Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant Vs. Abdur Rahman and Others……………………………..Respondent Judgment April 8, 2012. Result: ......hat such mistake would not in any away affect the merit of the revisional application admittedly when such deposit was made according to order No.17 passed in Artha Rin Appeal. 13. The documentary evidence adduced by the parties shows that defendant No.2 never mortgaged the suit property against ..

Category: Civil Law | Date: | Hits: 174

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

....es by referring to the case of State Vs. M M Rafiqul Hyder reported in 45 DLR (AD) 13 that joinder of a scheduled offence and a non‑scheduled offence does not vitiate the trial. However in the facts and circumstances of the case this decision is not applicable. In the case cited, it was held ...... Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribun......f the Penal Code and therefore, cognizance should not have been taken under that section which is a schedule offence under the Special Powers Act, triable by the Special Tribunal. An appraisal of the evidence will show that the offence alleged against comes within the mischief of section 395 of the ..

Category: Criminal Law | Date: | Hits: 132

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....t and decree passed by the learned District Judge, Rajshahi in Title Appeal No.31 of 1992 affirming the Judgment and decree passed in OC Suit No.290 of 1990 shall not be set aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit N......urt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J Begum Shamsunnahar Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..

Category: Civil Law | Date: | Hits: 132

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

.... Court is or is not a sufficient cause for non-appearance within the meaning of Rrder 9 rule 13 C.P.C. or similar ether provisions of the Code. Every case must be considered in that background of the facts and circumstances of that case. In the case of Gojraj Singh Vs. Suraj Bux Singh referred above......ch) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal......cation under Order 9, rule 13 was made was stated to be engagement of the lawyer of the petitioner defendant in a case before the Labour Court. The learned Subordinate Judge on consi­deration of the evidence adduced in the case could not believe the ground and dismissed the miscellaneous case. Bein..

Category: Procedural Law | Date: | Hits: 143

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......bsp; Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises the point as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. T......pondent solely on the ground that the said Act does not apply to the Sonali Bank. 11. Coming now to the merits of the case, we find that the case against the accused-respondent rests solely on the evidence of P.W.1 Md. Abdul Khaleque, Inspector, Shops and Establishments. He stated that be visited..

Category: Others | Date: | Hits: 163

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....de facto guardian of her minor son had no lawful authority to enter into a contract for sale without being authorized by Court of law. He submitted that the Courts below upon misconception of law and facts granted the plaintiffs prayer for Specific Performance of Contract against the settled princip......e Court High Court Division (Civil) Present: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2...... defendant that by practicing fraud upon the mother of the defendant the suit land was scheduled to the agreement place of the land of plot No.304. 4. The Assistant Judge upon consideration of the evidence on record decreed the suit by the Judgment and decree dated 20.2.1991. 5. Being aggrieve..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....nths more and also convicted the accused appellant Md. Abu Zafer Siddiky & Akhter under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for 1(One) year. 2. The facts giving raise to appeal are that one Shahidul Alam, Assistant Inspector of DAB Naogaon, lodged ......Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......ed some other person to do so. The prosecution must affirmatively prove these ingredients……………………………….(63) The testimony of the complainant in the absence of corroborative evidence should be considered in sufficient to hold the accused person guilty of the offence. Convic..

Category: Criminal Law | Date: | Hits: 109

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper: 2. The facts leading to the issuance of the Rule, in brief are: 3. On 01.06.2005, the principal of Monga...... Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 2007. Resul......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..

Category: Others | Date: | Hits: 112

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....used Md. Abdul Quddus is that the accident took place due to failure of break of the bus. Thus both of them claim to be innocent. 8. The learned Magistrate, first class Nilphamari, considering the facts and circumstances of the case and evidence on record convicted the accused petitioner Abdul Qu......d down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ted 08.04.2002 passed by the learned Magistrate, First Class, Nilphamari in G.R. case No.73 of 1996 arising out of Nilphamari P.S. Case No.2 dated 03.04.1996. 2. The case of the prosecution as per evidence led in support of the charge leveled against the accused, in short, is that officer-in-char..

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....21.5.1995 issued by the plaintiff bank, on the basis of which the learned Subordinate Judge (now Joint District Judge), passed the order dated 22.2.2000. The learned advocate further submits that the facts and thereupon decision made in the case reported in 16 BLD (AD) 250 is distinguishable from th......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F...... order of striking out the name of the defendant No. 5 from the plaint with the finding that the question as to whether the defendant No.5 had executed the charge document or not can be decided after evidence is taken at the trial and the High Court Division maintained the order of the trial court r..

Category: Civil Law | Date: | Hits: 122

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....ot by any other person. He also contended relying on the decision in the case of Vice‑Cheirman, EP Mamagement Board Vs. Ghulam Nabi reported in 27 DLR (AD) 156 that without verification as to which facts are true to the knowledge of the deponent and which facts are believed by him to be true an af......reme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Kazi Ebadul Hoque J Nurul Huda Miah (Md)……………Petitioner Vs. Dhaka Water Supply and Sewerage Authority and others……………Respondents Judgment May 25, 1992. Result: ......etitioner but he was compulsorily retired on the recommendation of the enquiry committee in proceeding No 20 of 1989; that the petitioner was given all the opportunity to defend himself and to adduce evidence but he failed to prove his innocence and the petitioner tried to create camouflage and got ..

Category: Employment/Service Law | Date: | Hits: 231

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ssain, Advocate—For Respondent Nos. 2-6. Writ Petition No. 2241 of 1999 with Writ Petition No. 2736 of 1999. Judgment KM Hasan J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Akramuzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is d......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

.... Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the ......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...

Category: Employment/Service Law | Date: | Hits: 186