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State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....ght and possession of the Shyamahar Dighi hatched up this case on false allegations and that the accused persons were quite innocent. 6. The learned Additional Sessions Judge having considered the facts, circumstances and evidence on record vide impugned judgment and order convicted 19 accused in......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ......21 accused persons. 4. During trial before the learned Additional Sessions Judge the prosecution examined as many as 23 witnesses including 9 eye witnesses of the occurrence and also laid material evidence to show that the occurrence took place as alleged. 5. On the contrary, the defence exami..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....nable doubt. 31. In the instant murder case, testimony of the witnesses 2-8, who are claimed to have witnessed the occurrence and recognized the accused persons, in view of the above discussion of facts, appear to us to be of dubious nature and, thus, their claim to such effect looks askance at. ......risdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and K......e charge leveled against the accused persons, examined as many as 18 witnesses and the defence examined none. 4. Besides the aforesaid 18 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: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....l Procedure and the same has occasioned failure of justice. The learned Advocate for the petitioner further submits that the learned Munsif erred in law in failing to apply his judicial mind into the facts and circumstances of the case and the same has resulted in error in the impugned decision occa......998) 403. ...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J Md. Abdul Quddus J Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule ......er and kidnappers. It has also been stated that he was a dangerous and terrible person and for fear of members of his gang nobody dared to raise objection against his terrorist activities and to give evidence in Court against him. In support of the allegations noticed above there is no report by any..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....th fine which may extend to five lakh taka or with both and section 25 thereof provides that “No Court shall take cognizance of an offence under this Ordinances except on a report in writing of the facts constituting the offence by an officer authorised in this behalf by the Commission (substitute......Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advocates in support of the References. Dr. M Zahir, Dr. AKM Ali and Khaled H Chowdhury with Firoz Shah, Advocates, Opposing the References. KS Nabi, Attorney-Gen......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
.... order passed by a Division Bench of the High Court Division in F.A. No.61 of 1979 modifying the decree passed by the Subordinate Judge, 1st Court, Comilla in Title Suit No.155 of 1978. 2. Certain facts are admitted. The plaintiff was inducted by the Brahman Baria Pourashava as a tenant in the ......vocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment ......d also defendants 8 and 9, namely, Officer of the District Council and the District Council. 4. Defendant No.4 appealed before the High Court Division. The High Court Division on consideration of evidence affirmed the decree and allowed the appeal in part modifying to the extent that the plain..Category: Property Law | Date: | Hits: 99
....ame as a Court of appeal, while dealing with the application under section 96 of the Act for pre-emption."
13. The principle of law laid down in the above noted case may be fully reiterated in the facts of the present case. The learned Judge also made a mistake in not taking into consideration th......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Md. Khairullah Bhuiyan………………Appellant
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is all......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that Md. Shah Jalal, Sub-Inspector of Police ......te party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judg......is proceeding under section 561A of the Code of Criminal Procedure there is no scope of determination whether such allegations are false or otherwise, which can only be done in the trial after taking evidence. He further submits that a member of the Parliament of our country is a public servant, as ..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
.... law of the country and acted malafide and submitted charge sheet in the case in hand, which was recorded after commencement investigations in earlier three police cases originated from the self same facts. 23. On meticulous examination of the materials on record, we hold that Barrister Omar Sa......) (2011) 343; 30 BLD (HCD) (2010) 400. ......ree first information reports and charge sheet of the instant proceedings are manifestly and clearly inconsistent with the accusations could be seen without embarking upon any inquiry as to the evidence in the case and, as such, the charge sheet is also manifestly and clearly inconsistent with..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....ses bearing Nos. 127 to 146 of 1990 were filed by other Office Assistants and or equivalants who are respondent Nos.3 to 22 in the writ petition, exactly with similar prayer on the same and identical facts as of respondent No.2. 3. That the petitioner contested all the cases by filing written sta...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....(Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as man...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh ......pecial Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J MA Bari……………………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment January 21, 1998. Result: The Rule is m......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....ciples so provided therein."
But this case is not applicable in the present cases as because that was a case regarding retirement of Government employee and there was no guideline or Rules and the facts are also distinguishable. In this regard Mr. Additional Attorney-General submits that Article ......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......ing is included in the list is proof of its being an abandoned property section 5(2) and the Government has nothing to prove or deny. It is for the aggrieved person to establish his claim by whatever evidence he chooses to produce. The denial of a fair trial will only arise if a proper opportunity i..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....he army, navy or air force and the expression “disciplinary law” means law regulating the discipline of any disciplined force. 7. Dr. Hossain contends that Article 45 has no application to the facts of the instant case in that the orders impugned have not been passed for maintenance of discip......tion) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
.... of a case. Even in the case reported in 31 DLR it has been held that it is open to the Court to see that it was not malafide or made for collateral purpose, when there is specific allegation stating facts in support of the allegation. In the instant case the only reason assigned by the Government f...........Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joy......fusing to give consent to the withdrawal of the case against appellant observed that "the Govt. want to withdraw the case at the petitioners are alleged freedom fighters" but "there is no material or evidence on the record to show that the accused petitioners are freedom fighters". Learned Counsel f..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....t by notification in the official Gazette and may take cognizance of any offence committed or deemed to have been committed within such limits and triable under this act upon receiving a complaint of facts which constitute such offence or upon a report in writing of such facts made by any Police Off......sion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shabauddin Ahmed J Syed Md. Mohsen Ali J A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal ......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....ny suit and after his death one of his sons filed Civil Suit No.1 of 1972 on September 3, 1969, nearly 23 years after the withdrawal of the first suit by his father, Annada Charan Das Karmakar. These facts, according to the learned Counsel, were sufficient for holding that the executor had abandoned......llants. S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgme......D.W.2 Damudhar Das and D.W.3. Nakul Chandra Das while supporting the case of the objector stated that the will was not a genuine one. 5. The learned Additional District Judge after considering the evidence of the witnesses and materials on record found that the will was not a genuine document as ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....took settlement from the Enemy Property in Vested Case No.6 of 1979 dated 11.4.77; so the lease was taken subsequent to the filing of the suit and then the learned Single Judge observed: "In the facts and circumstances of the case I hold that the Small Cause Court Judge can decide this question......…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....e State, submits that it is a fact that this accused-petitioner has been suffering in the jail hajat for about 2 years although the trial of the case has not yet been concluded. 6. Considering the facts and circumstances and the submission as made by the learned Advocates of both the parties and ......ar………………………Appellant Vs. State……………………Respondent Judgment November 10, 1997. Result: The appeal is allowed. Lawyers Involved: Taimur Alam Khandoker, Advocate - For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. ......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...Category: Criminal Law | Date: | Hits: 90
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