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Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....icle 102(2)(b)(i) of the Constitution in the nature of Habeas Corpus alleging kidnapping and detention of 4 minor children of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, that the petitioner Mrs. Sharon Laily Begum Jalil was born ......ourt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petitio......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....not at all a reliable evidence and as such no conviction should be made on such evidence. 6. Let us now proceed to examine the grievances made by the learned lawyer with reference to the evidence, facts and circumstances of the case. The learned Judge in his Judgment has clearly stated that his p......istant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the offence under section 395 of the Penal Code ......eet. 3. 7 witnesses have been examined by the prosecution in support of the prosecution case. Defence did not however examine any witness. The learned Assistant Sessions Judge on conclusion of the evidence when he was about to deliver the Judgment found that no charge was framed against the accus..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....d. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. The facts in substance for disposal of the Petition for Leave to Appeal are that plaintiff is a propriet...... Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Siraj alias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 201......bmitted that High Court Division committed no error of law in affirming the order of the District Judge holding that the grounds urged for rejection of the plaint are absolutely the subject matter of evidence, which can not be decided before taking evidence. 13. We have gone through the judgment ..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....l of the suit. 5. Mr. Abu Sams Md. Khalequzzaman, learned Advocate-on-record, appearing for the petitioner submits that the High Court Division has committed an error in law in not considering the facts of the Suit No.332 of 1974 preferred by the plaintiff in the then Court of the Munsif, Naogaon......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak......as of "Peer's Dagabari" and to that extent without applying judicial mind the High Court Division wrongly made the Rule absolute because of the facts based on belief or disbelief of the witnesses and evidence relating to appreciation of evidence which is not open to interference in exercising the re..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......preme Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Sultan Hossain Khan J Abdus Salam………………………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. ...... He has submitted that the Court of appeal below has not delivered a legal Judgment under the provisions of Order 41 rule 31 of the Code of Civil Procedure inasmuch as that he has not adverted to any evidence adduced by the parties with regard to the knowledge of the pre-emptor opposite parties abou..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....rders of the Subordinate Judge, 1st Court, Dacca by which the plaintiff opposite party's petitions under Order 6 rule 13 of the Code of Civil Procedure for amendment of the plaints by adding some new facts and new parties were allowed. 2. Facts relevant for the purpose of dispoÂsal of these Rule...... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....Âtion was not fraudulent and collusive and he had no reason to interfere with the said conÂcurrent findings of fact but in the reported decision fraud was found. It, however, appears to us that the facts of the present case are hardly distinguishable from the facts of the reported decision except ...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....tion of the election result in the official gazette election dispute, if any shall have to be resolved by the election commission before the election tribunal set up under the law. 5. In the above facts and circumstances, we are of the view that the High Court Division having considered all the m......l No.1478 of 2010 Judgment Md. Muzammel Hossain J. - This Petition for Leave to Appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82........ None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving d...... provisions, annexing photo copies of the forged documents along with the actual true copies of those documents and other relevant papers and also to furnish the names of the witnesses, who will give evidence in the complaint case to prove the charges. 2. Facts, in brief, are that Abdul Basher Me..Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....peal No.202 of 2002 setting aside the order No.39 dated 23.04.2002 passed by the Joint District Judge and Artha Rin Adalat, First Court, Chittagong in Mortgage Execution Case No.32 of 1998. 2. The facts of the case, in short, are that Rupali Bank Limited of 34. Dilkusha Commercial Area, Motijheel......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Jan-E-Alam………..................Petitioner Vs. Rupali Bank Limited and others..................Respondents Judgment March 9, 2009. Result: The petition is ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....Adalat), Sylhet in Miscellaneous Appeal No.93 of 1996 reversing the judgment and order dated 14.09.1996 passed by the Assistant Judge, Biswanath, Sylhet in Miscellaneous Case No.37 of 1994. 2. The facts of the case in brief are that the respondent Nos.1-9 as petitioners filed the Miscellaneous Ca......CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others…â...... the pre-emptor No.3 had knowledge the said, though pre-emptors contended that Shamshad Ali, the vendor, did not delivered possession of the case land to them but could not prove the same by reliable evidence and Shamshad Ali also did not appear before the Court to depose to the above effect and fur..Category: Property Law | Date: | Hits: 84
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
.... been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appointments of the respondent Nos. 3 and 4. 2. The facts of the case, in brief, is that in response to an advertisement published on 19-4-2000 by the B...... Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Ch......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
Mohammad Ismail Vs. Bangladesh, 2010, 39 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 deem fit and proper. 2. Short facts for disposal of the Rule are that the petitioner is an elected councilor of ward No. 9 and Pan...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Mohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………â€......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...Category: Others | Date: | Hits: 136
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......msul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner
Vs.
National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is dis......eputy Commissioner of Taxes for reÂassessment where such re-assessment is required. On receipt of the audit the Deputy Commissioner of Taxes used to make assessment after hearing and considering the evidence, i.e. regular assessment under section 83 or based judgment assessment under section 84 of ..
Category: Fiscal/Taxation Law | Date: | Hits: 227
.... writ-petitioner at the time of hearing of the writ petition. Since it came to light later the present petitioner begs to prefer this review petition to draw your Lordships’ kind attention to those facts.
19. In paragraph No.3 of the affidavit-in-opposition by Respondent No.2 reference has been......obinda Chandra Tagore J. - I agree
This Case is also Reported in:
......re stated below. Most of these violations are internal in nature and at the time of hearing of Writ Petition No.5125 of 2004 neither the writ-petitioner nor the present petitioner had enough specific evidence to substantiate the allegations. Subsequently new evidence came to light through investigat..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
.... the other accused persons. Therefore, the other accused applicants cannot be tagged together with the commission of the crime. It is true that the prosecution has totally failed in bringing home the facts as to premeditation and concerted action and of the common intention of killing deceased Siraj......s also Reported in: 48 DLR (HCD) (1996) 446. ...... Sirajul Islam fell into the tank where he has been injured by a pointed bamboo hidden in water and as a result of such injury he died. The learned Additional Sessions Judge upon consideration of the evidence on record found the accused guilty of the offence of murder and accordingly sentenced each ..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....ed in the principal litigation. As in my view it will invoke infringement on the right of the parties to get fair and final decision from the trial Court by adducing evidence. Regard being had to the facts and circumstances of the case for the purpose of a decision only in the matter of temporary in...... 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involve...... on the merits of the case of the parties that may prejudice other party at the time of trial as the suit is pending. The point at issue in the suit can be finally and effectively decided on adducing evidence by both the parties and it can be done only by the trial Court. The litigation of the prese..Category: Civil Law | Date: | Hits: 110
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....as wrong in non-suiting the plaintiffs upon a misconÂception of a decision in the case of Ajiruddin Vs. Rahman Fakir referred to by him Mr. Majumder contends that this case is distinguishable in the facts of the instant case. In the present case the plaintiffs are none but the daughters of Akram Al...... This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d the right of a co-sharer to sue the co-sharer in partition without payÂment of ad valorem Court fees on the market value of the share of the property. In the inÂstant case there is no pleading or evidence as regards exclusion from possession and there is no finding of the learned Subordinate Jud..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....available to the parties? 6. This question has been answered in the negative in at least two cases cited from the Bar. In the case of Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lahore) 183, the facts are that a Guardian Judge ordered the return of a petition for appointment of a guardian of th......posite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y. Siddiqi Vs. Bavaqar Co. Ltd., PLD 1968 (Karachi) 231; Ms......er specific circumstances to meet certain specific situations and not for re-opening the order of decree on any pretext. A party to a decree or order may have discovered a new and important matter of evidence which was not within his knowÂledge or could not be produced by him after the exercise of ..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sumÂmons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7.6.77 a...... follows: (a) that the accused has had an opÂportunity of showing cause to such Judge or Magistrate why the commitment should not be made; (b) that if such Judge or Magistrate, thinks that the evidence shows that some other offence has been committed by the accused, such Judge or Magistrate m..Category: Criminal Law | Date: | Hits: 92
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