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Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....ppellant. Moreover, we have got no reason to disbelieve the evidence of disinterested witnesses who could not be shaken by the defence in cross examination. 46. In view of the above discussion and facts and circumstances of the case and the evidence on record, we are of the opinion that the prose...... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64......ecution has examined as many as 9 witnesses in this case to prove the charge levelled against the accused-appellant and the witnesses were cross examined by the defence. 8. On consideration of the evidence and materials on record the learned Sessions Judge found the accused-appellant guilty under..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

....ed Advocate appeared on behalf of the Respondent No.1 and Mr. A. F. Hasan Arif, the learned Deputy Attorney-General appeared on behalf of the Respondent No.2. 7. In this case, there are some broad facts which are not disputed. The Respondent No.1, the Titas Gas Transmission and Distribution Co. L......ecial Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ah­med J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Com­pany & another……………….R....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....Judgment AM Mahmudur Rahman J. - This appeal at the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving rise to this appeal, in short, are that Sarafatullah, predecessor-in-interest of respon......¦..Appellants Vs. Siddiqur Rahman & others........................Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali Coal Company Ltd. Vs. Apear Collieri......ome to a find­ing as to whether there had been or not a compro­mise effected between the parties and to decide if the compromise was lawful. In this case there was no such denial and there being no evidence on record to show the term of compromise effected between the plaintiffs and the defendant ..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....ribunal Appeal No.5 of 1989 preferred by the opposite party from an order reject­ing an application filed under Order 47, rule 1 C.P.C. by the Election Tribunal in Misc. Case No.1 of 1989. 2. The facts are: The petitioner on various al­legations including the allegation of casting of false vote...... by filing written objection re­futing the allegations made by the petitioner. The opposite party also made certain allegations of corruption, etc. practised during the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the al­legat......­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....as committed any error of law or not occasioning any failure of justice. It appears from the judgment of the court below that the learned Subordinate Judge has taken into considera­tion the material facts and issues in this case and has given a serious consideration to the same. The learned Judge h......ddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petition­er Vs. Noor Jahan Begum &am...... limita­tion. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the peti­tion for pre-emption, written objections and evidence adduced by both the parties arrived at the decision that the petition for pre-emption is no..

Category: Property Law | Date: | Hits: 100

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State of Punjab and another 1956 (SC) 391. Lawy......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....ers from an error of law occasioning failure of justice. An order passed by a Court under Order 9, rule 9 C.P.C. is no doubt an appealable order under Order 43, rule 1(c) C.P.C. In this case from the facts it ap­pears that the application under section 151 of the Code was filed for restoration of t......itioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers Involved: Nurul Islam Cho......le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....y the complainant out of enmity over a business of the petitioner at Zinzira bazar. The whole criminal case was processed against him behind his back and he was falsely shown as absconding. All these facts have been stat­ed on verification by the petitioner before the learned Sessions Judge, while ......te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sec­tions 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date......n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..

Category: Procedural Law | Date: | Hits: 122

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....19 and 40 DLR 45 (AD) and made an attempt to argue on implied ouster of juris­diction. In the decisions cited neither the provisions of Industrial Relations Ordinance, 1969 were consid­ered nor the facts of these cases are similar to the facts of the present case. Therefore, these decisions are of...... This Case is also Reported in: 42 DLR (1990) 13. ......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ..

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......or the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Amin Chowdhury J. - This appeal is directed against the order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, Rajshahi Division, Ra......or disposal vide order dated 3‑12‑79. The learned Divisional Special Judge framed charge against this appellant on 2‑11‑82 and without examining any witness afresh and placing reliance on the evidence recorded by the Summary Martial Law Court by the aforesaid Judgment found this appellant, g..

Category: Criminal Law | Date: | Hits: 98

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....ing a complaint case is not a Civil Court and cannot exercise power under Order 9 of the Code of Civil Procedure. Still it has anciliary and indidental power to pass appropriate order required in the facts and circumstances of the case under section 25 of the said Act and, as such, impugned order ca...... Hoque J Amirul Kabir J Crescent Jute Mills Company Ltd. represented by the General Manager (formerly Dty. General Manager)...........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The R......er denying the material allegations and asserting that application was not maintainable under Order 9, Rule 4 or section 151 of the Code of Civil Procedure. After considering the oral and documentary evidence adduced by the parties Labour Court allowed the case holding that due to illness respondent..

Category: Labour and Industrial Law | Date: | Hits: 177

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....ents that petitioner was an unauthoried occupant in Gulshan Park No.1 popularly known as Taltala Park has substance. 5. Right to life under Article 31 of the Constitution may be interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be ......Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Gias Uddin............................Petitioner Vs. Dhaka Municipal Corpora­tion and others...............Respondents Judgment November 21, 1996. Result: The Rule is dis......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..

Category: Constitutional Law | Date: | Hits: 369

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

.... P.W.7 Kalu Mia recorded under section 164 CrPC as a substantive piece of evidence against the appellant. We have referred to it only to show the conduct of the witness for his propensity to suppress facts. In our society a domestic servant can hardly speak against the master’s voice. 14. The n......espondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon......rdousi Begum, who was an epileptic, fell on the ‘boty dao’ while she was cutting vegetables in the kitchen and died from the effect thereof. 3. The learned Sessions Judge, on discussion of the evidence and circumstances of the case, found the appellant guilty of the offence under section 302 ..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....nd the allegation that no unauthorised fire-arms and ammunition have been recovered have not been specifically denied by the prosecution by filing any counter affidavit. He contends that averments on facts made by an affidavit should be countered by a counter‑affidavit which has not been done and ......should not be enlarged on bail. 2. The short fact leading to this Rule is that, petitioner Mrs. Jobaida Rashid has been residing in House No.7 of Road No.55, Gulshan, Dhaka along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the cas......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....eir unsuspecting victims to death for hijacking the "Tempo". A comparative analysis of this confes­sional statement, as has figured prominently in the trial Court's understanding and analysis of the facts and circumstances of this case, with the section 164-ststement made by Badshah as well as his ....... ......end of the day to a place called Utholi followed by Tepra Bazar and its adjacent locality Rupsha. It is at Rupsha that at least the two Condemned Prisoners Moksed and Tutul, by all corroborative oral evidence, are noted to escort an unsuspecting Sayeed away from his "Tempo" leaving it parked in the ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....y in their own institution but after making the above statement of law, the Court allowed the college to admit 50% of students from their own community. However, this case is distinguishable from the facts of the case in hand. Besides, the correctness of this decision has been doubted in the later d......orted in: 57 DLR (HCD) (2005) 201. ......pire. However, the concept of Parliament came originally from England. 45. In this respect, it should be remembered that the Constitution of a country is not an ordinary document. It signifies and evidences the existence of a nationhood. It is a very sacred as well as a majestic Charter. It solem..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....dge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The short facts relevant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plainti......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....emo. No. 288(7)/SPC dated 1.8.84 issued by the Deputy Commissioner, Rangpur, directing to hand over possession of the property to the Petitioner (Annexure‑C and CI). 7. We have considered the facts and circumstances of the case and the materials on record. In the case of Mukhtar Ahmed Vs. Go......ent: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 1991. Result: Th......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....t the party has not yet been "vested" with any "right." This point already thus having been settled in Mozaffar Ahmed I am not inclined to discuss the decisions cited by Mr. Farooqui more so when the facts of those cases are distinguishable from the facts of the present case. It is true that section...... Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Red......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

....the impugned orders passed in the concerned suits by the trial Courts the defendant petitioners (except in Civil Revision No. 678 of 1987) moved this court and obtained the concerned Rules. 4. The facts in Civil Revision No.678 of 1987 are different from those of the other cases. The concerned su......High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J AM Mahmudur Rahman J Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the......be the language of any such court and in what character applications to and proceedings in such courts shall be written. (3) where this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing may be in English; but if any party o..

Category: Others | Date: | Hits: 226