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Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....97 passed by the High Court Division in Civil Revision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by t......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004...... trial Court decreed the suit and on appeal the same was affirmed. The appellant obtained the leave to consider: "The petitioner now contends that both the Courts below failed to consider from the evidence on the record that the suit property was a part and parcel of the Fasons Metal Industries, ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... of stay granted by this Court on 5-11‑97 passed in Writ Petition No.3285 of 1996 or such other or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan fr......utomatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....e in law. The learned Advocate further submits that inspite of the fact if the Hon’ble Court is pleased to uphold the impugned judgment and order of conviction and sentence, in consideration of the facts and circumstances as above, his sentence may be commuted to imprisonment for life from death. ......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &......lam could not be examined under Section 342 of the Code of Criminal Procedure as they remained on absconsion. 5. Besides the aforesaid 10 witnesses being examined, the prosecution has also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided f..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
...., was issued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described ...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ......s Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Court No.1, Dhaka, in Title Appeal No.380 of 1990, allowing additional evidence, was issued upon the opposite parties to show cause why the same should not be set aside or..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....n an affidavit making the said allegation; that the Presiding Officer appearing before Chief Election Commissioner on the date of hearing on 16.4.90 and be filed a written statement stating the above facts; that after hearing, the Chief Election Commissioner directed for consolidation of results and......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: ......bmitted before the Chief Election Commissioner and this court the allegation of rigging at that centre was a disputed question of fact and can only be decided by the Election Tribunal after recording evidence as observed by the Chief Election Commissioner. The further submitted that after publicatio..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... not disclose to the informant party as to the complicity of the accused party in the commission of crime as alleged subsequently during the trial. 30. P.Ws.1 and 2 have suppressed the material facts and concocted new stories to suit their purpose. The PWs.1 and 2 during trial stated about the......4 DLR (HCD) (1992) 295. ......o life imprisonment in a murder case involving 3 murders of the members of the accused party. 8. In the background of such criminal cases and counter cases, hatred and enmity and bad blood, the evidence of these highly interested witnesses has to be assessed. 9. It is the rule of prudenc..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....ey-ÂGeneral, had taken us through the relevant portion of the affidavit‑in‑opposition and some Annexures and submitted that in the impugned order and the grounds supplied to the detenu, the full facts were not given and it is not necessary to give the full facts. He further submitted that the d......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of BanglaÂdesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......ty and try to determine, for the subjective satisfaction of the Government and that cannot be substituted by an objective test in a Court of a law. Because the information and materials which are not evidence but which the law taking into consideration the needs and exigencies of administration has ..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....ed series and he had no special knowledge about the country of origin or manufacture of any cloth. No other P.W. supported the prosecution case that the seized series were Indian series. In the above facts and circumstances we are of the view that the petitioner should not face any fresh trial for t......quitting the accused petitioner. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8.90 petitioner surrendered before the Special Tribunal and prayed for bail, but this prayer for bail was rejected. By another order of the same date the c...... Judge exercising power of Sessions acted in such a negligent manner that speaks volumes about his efficiency. As a judicial officer he ought to have given certificate immediately after recording the evidence of P.Ws. which he failed to do. Similarly, he ought to have recorded the answers of the acc..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....for restitution of conjugal right upon terms which are contrary to the established principles of Mohammadan Law and contrary to the spirit of the Koranic injunction and Sunna. 34. In the aforesaid facts and circumstances of the case and for the reasons stated herein before the Judgments of the Co......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala......ng on behalf of Sheerin Alam Chowdhury, firstly submits that the finding of the Family Court, that no cruelty has been committed by her husband is based on total non‑consideration and misreading of evidence. He has taken me through the Judgment of the Court below. The relevant part of the Judgment..Category: Family Law | Date: | Hits: 265
....spect or disobey any order of this Court. The contemner and the jail authority have not in any way delayed even for a while to comply with the order of this Court, but if however, upon perusal of the facts stated in the affidavit, it appears that the contemner even unÂconsciously has shown any disr...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka CenÂtral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vioÂlating and disregarding the orders of this Court to reÂlease the detenu A.T. Kamruzzaman Syed passed on 16......l note of hourly developments, she being the most anxious person for her husband's release. We are not satisfied that the release order of the detenu was received after the lock up hour as we find no evidence worthy of any credit in support of this assertion.
18. Reliance has been placed by the l..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....opposite parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as folÂlows: One Sekander Ali, the predecessor-in-interest of th...... Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao BahaÂdur and another ......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ed AssistÂant Attorney-General appearing on behalf of the opÂposite party, submits that the provisions of subÂ-section (1) of section 14 of the Arbitration Act have no manner of application in the facts and circumÂstances of the present case, because it has neither been alleged nor any materials......€¦â€¦Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. MuÂhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (Lahore) 398; AIR 1955 P......ecord to show that the written notice regarding the passing of the award and signing thereof was given to the plaintiff and that it was actually received by him. In the absence of such allegation and evidence on record it cannot be said that a notice required under the section was actually served up..Category: Procedural Law | Date: | Hits: 93
....ounds for our consideration. Firstly, the learned Advocate submits that the appellant has rightly avoided the claim of insurance in the present case as the same suffers for non-disclosure of material facts and utÂmost good faith which is an essential pre-requisite for taking a marine insurance poli......Reported in: 42 DLR (HCD) (1993) 45.
......ated 1.11.62 containing 15 wooden packages only. We find that in the bill of lading the nature of goods were specified as wired glasses, which is a very fraÂgile material. From the Bill of Lading as evidenced before the Court the nature of the goods have been properly specified and both the contrac..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock CompaÂnies, 1989, 18 CLC (HCD)
....ther approached this Court for obtaining an order of extension for registration of the mortgage deed in question with the Registrar of Joint Stock CompaÂnies. I have given my anxious thought to the facts and circumstances under which the deed in question could not be registered in time and also to......e for registration of mortgage property with the Registrar of Joint Stock Companies. 2. The application is not opposed although noÂtices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hearÂing of t......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appliÂcation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..Category: Company Law | Date: | Hits: 191
.... should be disposed of by submitting FRT. Mr. Ahmed has been removed from service on the basis of these frivolous and machinated charges. He would certainly not have been removed from service if real facts (discussed as above) would have been timely mooted and placed before the authority. The said o......Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to revi......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....aj and cropping up of strained and inimical relation between the deceased Akhter Hossain and accused Siraj and his sons attention of this PW-2 was drawn to the effect that she did not state all these facts to the Investigating Officer when the Investigating Officer (P.W.1) has confirmed that P.W.2 s...... ......secution with a view to establish the charge examined as many as 15 witnesses and the defence examined none. 7. Besides the aforesaid 15 witnesses being examined, the prosecution has also adduced evidence which are marked as exhibits and material exhibits. In this case the State Defence Lawyer w..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....etting aside the judgment and decree dated 29.6.2006 passed by the learned Assistant Judge, Raipur, Lakshmipur in Title Suit No.73 of 2002 dismissing the suit should not be set-aside. 2. Material facts of the case, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being T......resent: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Resul......-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This does not give right to remand of ..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
.... subsequently. On this question, I may refer to the case of Rafiqul Islam and another Vs. Abul Kalam and others, reported in 42 DLR 19. In that case, it had been observed: “In this case from the facts it appears that the application under section 151 of the Code was filed for restoration of the...... once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..Category: Procedural Law | Date: | Hits: 94
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 457.
...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im......se as to why the Memo No.131/DAB (Dhaka) dated 24-2-92 issued by the respondent No.1 asking the petitioner to remain present in the concerned banks in connection with the inspection of her lockers as evidence by Annexure A to the writ petition and why the order dated 1‑1‑1992 passed by the respo..
Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... within the purview of section 561A for the purpose of quashing a proÂceeding one of following conditions must be fulÂfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Whe......ance of the same against the accused petitioner under secÂtion 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are busiÂnessmen by profession and due to business purpose, there has be......iminal proceedings should not be stifled before trial, when there is a prima facie case for going for trial. If the comÂplainant has any prima facie case which is subject to proof and before taking, evidence proceeding cannot be quashed. 22. To meet the 2nd contention of the petitionÂer that th..Category: Criminal Law | Date: | Hits: 94
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