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Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....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.......eputy Attorney‑General as most of the witnesses are police officials who conducted the search. No outside witnesses is required to prove such a case of recovery of unauthorised fire‑arms. So, the question of influencing the witnesses or abscondence if the petitioner is enlarged on bail has got n......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 ..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......towards his culpability. While this Court is in agreement with Mr. Chakrabortty that a confessional statement can indeed be used to establish the guilt of any person other than the maker thereof, the question fundamentally, however, is of the degree to which and the manner in which such confession......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 ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....Shetty J held at para 100. 100. It is now an accepted jurisprudence and practice that the concept of equality before the law and the prohibition of certain kinds of discrimination do not require identical treatment. The equality means the relative equality namely, the principle to treat equally......ration, who are elected in those reserved seats. 16. Contentions on behalf of the respondents: The learned Attorney‑General appeared on behalf of the respondent‑Government. Without raising the question of legality of section 4(3) of the Ordinance as amended, the learned Attorney‑General sub......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..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....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. ......ar in transposing the present petitioners in to the category of the plaintiffs in the instant partition suit as prayed for, on the facts and circumstances, for complete and proper adjudication of the questions in dispute in the suit and to avoid multiplicity of litigations between the parties. ......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..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... the present petitioners was an appeal against the judgment and order of conviction and sentence passed by the trial Court against them. So, that was an appeal under section 408 of the Code. Now, the question is, whether an appellate Court is empowered to enhance sentence in an appeal preferred by a...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..Category: Criminal Law | Date: | Hits: 96
....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.......ing the Assistant Secretary, Ministry of Home Affairs (Security‑II) requesting him to send a Non‑option Certificate from the Ministry of Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should no......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..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....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. ...... Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of ......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..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......ints), applications, etc. written only in Bengali language and in no other language is to be Filed in the Subordinate Civil Courts inasmuch as the said sub‑section is mandatory. In other words, the question is whether after the Act came into being it is possible for subordinate civil Courts to ent......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..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......as abandoned property either under A.P.O. No.1 of 1972 or under P.O. No.16 of 1972 the same has been vested in the Government and as such taking over or vesting of the property could not be called in question by any Court on any ground whatsoever and as such the impugned judgment and order are wholl......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..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... 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. ......the petitioner before the Court wherein no stay order has been passed nor the petitioner company preferred any appeal against the direct sale order issued by the BSRS in respect of the machineries in question. The learned Advocate therefore, most empathically submits that this Contempt petition is a...... 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..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......il Appeal No. 319 of 2008 respectively made her submission adopting the submissions of Mr. Md. Jamiruddin Sircar and Mr. Md. Monsurul Haque Chowdhury, the learned Advocates made as above. The real question that calls for determination is whether the impugned judgment and order of conviction and s......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. ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......have decided to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and C......, 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 ..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... repoll ought to has been ordered. He further submitted that from the materials submitted 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 observ......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..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ...... We are not prepared to get ourselves punished by going through such citations. We feel ourselves reluctant to dwell on those decisions simply on the ground that decision even of the highest Court on questions which are essentially questions of fact cannot be cited as precedent governing the decisio...... 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..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312....... on which the Government is satisfied are as such that a rational human being can consider the same being connected in some manner with the objects which were to be prevented from being attained. The question of satisfaction except on ground of mala fides cannot be challenged in a Court. As to suffi......ey-General, 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..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ...... by the presiding officer conceded, signature of accused petitioner was also taken in the form for recording statement of the accused under section 342 of the Code of Criminal Procedure in which some questions put to the accused were recorded but the answers to such questions were not recorded and t......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..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......se 3 Rules arising out of a single Judgment have been heard together and shall be disposed of by this Judgment. 2. The propriety and legality of the impugned Judgment have been seriously called in question by the petitioner as well as by the opposite party. 3. Facts giving rise to these Rules ......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..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......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 unconsciously has shown any disr..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....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.......dulently created the impugned deed of Ewaz which was never intended by him. Mr. Ahmed has submitted that the subject-matter of the suit is not the property in schedule but the document itself and the question to be determined in the suit was whether the Ewaz deed was illegal and collusively obtained......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 follows: One Sekander Ali, the predecessor-in-interest of th..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ....... 10. In the written objection filed by the defendant-petitioner in the trial Court it has simply been stated that the suit is barred by limitation under Article 178 of the Limitation Act. The question of limitation in the present case is a mixed question of fact and law. But no assertion h......ed Assistant Attorney-General appearing on behalf of the opposite party, submits that the provisions of sub-section (1) of section 14 of the Arbitration Act have no manner of application in the facts and circumstances of the present case, because it has neither been alleged nor any materials..Category: Procedural Law | Date: | Hits: 93
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