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Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....By the same Rule issuing order, all further proceeding of the above mentioned case was also stayed for a period of 6 (six) months which has been further extended from time to time. 3. The relevant facts for disposal of the Rule are that the Post Master, Head Post Off......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....102 of the Constitution cannot be invoked to interfere with such rejection of nomination papers by the petitioner were not rejected on political influence as alleged which will be evident from the facts that there were in total four candidates for the post of Chairman and so, respondent No.6 ha......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul......t on his failure to comply with the said requirement his nomination paper is liable to be rejected. In other words, this is a case where the statute requires the candidate to produce the prescribed evidence and provides a penalty for his failure to do so. If the candidate fails to produce the re..Category: Election Law | Date: | Hits: 211
....990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, the opposite party Chittagong Steel Mills Limit......s also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....le Appeal No.15 of 1998 reversing the Judgment and decree dated 14‑1‑1998 passed by Senior Assistant Judge in-Charge, Second Court, Sadar Noakhali, in Title Suit No.69 of 1991. 2. The relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff institu...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......y to grab the entire property so the same suit is liable to be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Court by its judgment and decree dat..Category: Property Law | Date: | Hits: 103
....with the fundamental principles of judicial procedure. Mr. Ariff also referred to a decision in the case of Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors. reported in 42 DLR (AD) 137. In that case the facts of the case of the Secretary of State Vs. Mask and Co. have been summarised by their Lordships......
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137.
Lawyers Involved:
AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....ete usufructuary mortgage either under section 95A of the State Acquisition and Tenancy Act or by way of a suit within 60 years from the date of accrual of his right for redemption but in the instant facts and circumstances of the case the transaction cannot be said to be alive and subsisting on the......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....e police out of fear of the accused or their men or being gained over or for various other reasons depose falsely in favour of the accused to save the offender from legal punishment. Depending on the facts and circumstances of each case a judge certainly may disbelieve a witness of search and seizur...... Reported in: 49 DLR (HD) (1997) 167. ......arned Special Tribunal Judge by his judgment dated 17-4-93 passed the order of conviction and sentence as mentioned above. 3. Out of the 6 witnesses examined in the case, let us discuss below the evidence of P.W.6 who lodged the First Information Report and gave out the prosecution case. The wit..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......is also Reported in: 49 DLR (HD) (1997)163. ......ve been killed by unknown enemies. The further defence is that the accused persons are not in any way connected with the murder and have been falsely implicated out of enmity. On consideration of the evidence on record the learned Session Judge believed the prosecution case and found all the nine ac..Category: Criminal Law | Date: | Hits: 85
....onship of the purchasers with the applicant irresistibly proved the collusive and fraudulent nature of the sale deeds. We, therefore, hold that the learned Arbitrator committed error, both in law and facts, in considering the sale deeds.
16. In the Arbitration case concerning the Civil Revision N......Gholam Rabbani J
M Bazlur Rahman Talukder J
Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner
Vs.
Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties
Judgment
August 19, 1996.
Result:
Th......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....e No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the Court of District Judge or to any other Court having jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge...... ......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....ained prior permission of authority concern and the trap was done in accordance with law and there is no violation of rule 16(2) of the Anti-Corruption Commission Rule and he further submits that the facts and circumstances of the case as well as the evidence well proved the recovery of marks note f......s Case is also Reported in: 63 DLR (HD) (2011) 294....... trap was done in accordance with law and there is no violation of rule 16(2) of the Anti-Corruption Commission Rule and he further submits that the facts and circumstances of the case as well as the evidence well proved the recovery of marks note from the accused-appellant therefore the conviction ..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ds of the 7 participants wore opened after treating their technical offers as acceptable. He has submitted that the principle as laid down in ETV’s case is not applicable in the present case as the facts are distinguishable. He has pointed out that in ETV’s case no reason could be shown for acce......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
....esentative to the authority. The detenu is a Doctor by profession and that he is representative of Bangladesh Medical Association and is a leading member of a particular political organisation. These facts are not denied by the respondents. So, in order to detain a person the authority must be satis......
Md. Awlad Ali J
Mir Hashmat Ali J
Dr. Abida Sultana Bhuiyan...............................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents
Judgment
March 4, 2003.
Re......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....30 of 1995 both dated 31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by t......are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......s each of the defendant-petitioners examined 3 witnesses, on the other hand, the plaintiff-opposite parties examined 2 witnesses including the process server. The court bellow on consideration of the evidence on record, both oral and documentary, disbelieved the testimony of the process server and c..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....6 of the seizure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petitioner is a law-abiding citizen of Bangladesh and a bona fide......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....der i.e. whether the impugned order passed by the appellate Court below is based on legal evidence or not. Before to discuss the merits and demerits of the impugned order we would like to narrate the facts of the case, in brief, though these are not that much relevant for the disposal of the Rule.......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: ......ld not be interfered with by this Court. 9. We should confine ourselves within the ambit of the impugned order i.e. whether the impugned order passed by the appellate Court below is based on legal evidence or not. Before to discuss the merits and demerits of the impugned order we would like to na..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....e examined. It appears occurrence took place at a distance of 200 yards west from house of one Gofur. Said Gofur nor any one from his house could be examined as witness in the case. 20. In view of facts, circumstances as above we find that learned court below had no sufficient legal evidence befo...... Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ahman, P.W.5 Giasuddin P.W.6 Torab Ali P.W.7 Shambhu Sen, P.W.8 Rustom Ali and P.W.9 Jasimuddin. They were cross-examined on behalf of defence. First information report and PM report were tendered in evidence and marked Exhibits 1‑2. It may be mentioned that seizure list map and index of the place..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....y any scope for saying that charge-sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pass an appropriate order. In the case of Solicitor, Govern......…………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwi......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....nnot proceed with the case pending in the Court below and that being so, the proceedings of the case are liable to be quashed. 4. Mr. Md. Khurshid Alam Khan, however, candidly concedes that in the facts and circumstances of the case, there may be some ingredients of cheating as defined in section......rt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The R...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... in the service of the Armed Forces since 1st February, 1976 making his total period of service well over 25 years. It has been further stated that the petitioner is guilty of suppression of material facts since he concealed the period that he was working with the Armed Forces and that his actual pe......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R...... petitioner's constitutional rights does not arise. It is further stated that the petitioner has failed to make out any prima facie case inasmuch as the petitioner has failed to adduce any specific evidence indicating that the respondents have acted whimsically or arbitrarily which is malafide o..Category: Employment/Service Law | Date: | Hits: 157
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