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Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....accused and accused is entitled to benefit of reasonable doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered from legal infi...... San Win, ILR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701. Queen-Empress Vs. Prag Dat, (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusan, (1890) ILR 17 Cal 485; Deputy Legal Remembrancer. Bihar and Orissa Vs. Matukdhari Singh, 20 Cal WN 128=AIR 1917 Cal 687=17 Cri LJ 9; In re Sinnu Goundan, IL......t is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered from legal infirmity and went against weight of evidence and materials brought on record. 6. The superior Courts of Sub‑continent in a series o..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....the trial Court; that the Principle of Criminal justice has not been followed in this case and, as such, interference by this Court is necessary; that the High Court Division failed to appreciate the facts and circumstances of this case in its true perspective, as a result of which there has been se......the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard ...... did not adduced any DWs in support of the defence plea of the condemned prisoner about the insanity before and during the period of murder of deceased Bashir Ahmed Chowdhury. After conclusion of the evidences as adduced from the side of the prosecution and in consideration of the evidences as adduc..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
.... of 2006 making the Rule absolute setting aside the those of the lower appellate Court and allowing the pre-emption case thereby the judgment and order of the trial Court has been affirmed. 2. The facts led to the case, in short, are that the respondent No.1 as pre-emptor instituted Pre-emption M......ate Division (Civil) Present: Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Alhaj Abdul Awal Ratan and another……………….....Petitioners Vs. Abdul Mannan Mia and others…....................he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
.... the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this common judgment will govern both ......se is also Reported in: 20 BLT (AD) (2012) 266. ......aving failed to notice that the subject matter of the writ-petition with regard to counting of seniority between two grades of officers which could only be decided by the Administrative Tribunal upon evidence being adduced both oral and documentary in support of their respective cases, the said Divi..Category: Employment/Service Law | Date: | Hits: 149
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....the Additional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No.276 of 2002 affirming of those dated 30.09.2002 passed by Waqf Administrator, Dhaka in E.G. Case No. 16832/Chittagong. 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appoin......ab Hossain, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.550 of 2006 Judgment Mohammad Fazlul Karim J. - The petitioner seeks Leave to Appeal against the judgment and order dated 30.08.2005 passed by the High Court Division in Civil Revision No.51 of 2004 making ......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ..Category: Trust/Waqf Law | Date: | Hits: 117
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....er Suit No.52 of 1987/Other Suit No.2 of 1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant institu......Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs.......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... is also Reported in: 48 DLR (HCD) (1996) 509. ...... of Mahinur, prosecution examined only two witnesses, P.W.1 the informant and P.W.2 Mahinur, and as such, the learned Judge was wrong to pass an order of conviction on the basis of the uncorroborated evidence of these two interested witnesses. 5. Mr. Syed Matiul Islam, learned Assistant Attorneyâ..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......te. Criminal Appeal No.29 of 1987 (Barisal) Criminal Appeal No.943 of 1991(Dhaka). Judgment Badrul Islam Chowdhury J.- This Criminal Appeal is directed against the Judgment of conviction and sentence passed by Mr. Aktaruzzaman Bhuiya, Assistant Sessions Judge, Bhola in Special Case No.7......were cross‑examined by the defence. During his examination under section 342 CrPC the accused appellant again, pleaded not guilty but declined to make any further statement or to adduce any defence evidence. The Trying Judge on considering the evidence found the accused‑appellant guilty of offen..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....Court Division and the Judgment of the High Court Division was ultimately upheld by the Appellate Division reported in the above cases. In view of the Latest decision of the Appellate Division having facts similar to the facts of the instant case we find no merit in the contention of the petitioner ...... (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Aminur Rashid.................Petitioner Vs. Collector of Customs, Customs House, Chittagong and others.............Respondents Judgment  June 20, 1996. Result: The Rule is discha......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....tness. The plaintiff produced some documents which are marked exhibits 1 to 7. On the other hand, the defendant submitted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judg......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md.......uced some documents which are marked exhibits 1 to 7. On the other hand, the defendant submitted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judgment and decree dated 12...Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....Arbitration Miscellaneous case No.41 of 1999. By the said order the learned Subordinate Judge directed the parties to provide with the names of their choice of Arbitrators by 1.11.2001. 2. Alleged facts, as relied on by the opposite party, who was the petitioner in the said miscellaneous case in ...... (HC) 249; Anjuman I Ahmadiya Ashait-1 Islam Lahore Vs. Ghulam ahmed, DLR (Lah) 98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others, 22 DLR (DHAKA) 702; Scott Vs. Avery (1855) 5 HLC 811; Md. Akbar Vs. Md. Aslam, 2......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
.... the source from which the remuneration is paid is not from public revenue is a neutral factor not decisive of the question. Whatever stress will be laid on one factor or the other will depend on the facts of each case. However, where the several elements, the power to control and give directions as......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The......as referred to above let us scrutinize Act of 5 of 2004 to come to a decision whether the office of the respondent is in service of the Republic. The writ petitioner has also annexed Act 5 of 2004 as evidenced by annexure-A to the writ petition. The object of this Act 5 of 2004 has been stated in th..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....mtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 16.10.2008 passed by the High Court Division in Civil Revision No.5118 of 2006. 2. The short facts necessary for disposal of the Petition for Leave to Appeal are that the petitioner was an empl......Syed Mahmud Hossain J Muhammad Imman Ali Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petitio......emplated under the provision of the Order 33 Rule 1 of the Code of Civil Procedure. We have found further that the trial Court as well as High Court Division based their orders on the basis of the evidence and law. In drawing such conclusions and affirming the order of the trial Court we find ..Category: Civil Law | Date: | Hits: 118
Dhaka Leather ComÂplex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
.... by the defendant against judgment and decree dated 4‑4-2002 passed by the Joint District Judge, Court No.5 at Dhaka in Title Suit No.158 of 1999, which made an award the Rule of court. 2. Short facts for disposal of the appeal are that, the respondent on 4-8-1999 made an application under sect......(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Dhaka Leather ComÂplex Ltd. BCIC...........................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The A......he award in court and the application filed therefore cannot be said to be out of time. 9. Mr. Samad referred few letters which have been printed in a supplementary paper book but not adduced into evidence and submitted that when the plaintiff demanded money on the basis of the award in June, 199..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....gality has been committed by the Corporation. The Corporation did not violate any law, rule or regulation and did not also act beyond jurisdiction. The writ petition filed on the disputed question of facts was not maintainable and the Rule was liable to be discharged. 6. The respondents also fi......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......M Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah and another …………â€......not be denied. The classification of under trial prisoners as per Bengal Jail Code will be done by authorities mentioned in the rule. The respondents made proper prayers to the authorities ex-closing evidence in support of their claim. The respondents have been simply shown arrested in the case and ..Category: Criminal Law | Date: | Hits: 95
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....absolute. 2. The writ petitioner filed challenging the order No.4 dated 02.10.2003 and the order dated 06.06.2007 passed in Execution Case No.58 of 2004 by the Artha Rin Adalat, Comilla. 3. The facts relevant for the purpose of this application are that the petitioner bank filed Money Suit No....... (Civil) Present: Mohammad Fazlul Karim J Md. Jaynul Abedin J Shah Abu Nayeem Mominur Rahman J Janata Bank Ltd……………………………...Petitioner Vs. Gulneara Begum and others………………...Respondents Judgment April 20, 2009. Lawyers Involved: Sh......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....ppeal and reversing the Judgment and decree dated 28.5.1986 and 3.6.1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit bein...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,...... was fraudulent, illegal, inoperative, null and void without jurisdiction and not binding upon the plaintiffs. 5. The Upazila Munsif on consideration of the facts and circumstances of the case and evidence on record decreed the suit and on appeal by the defendant the appellate Court i.e. the subo..Category: Civil Law | Date: | Hits: 130