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Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
.... informant that they had been doing Hundi business, this statement itself is not sufficient to make an allegation against them for committing offence under the above section and, in view of the above facts, first information report discloses no offence. Therefore, the continuation of the proceedings......s also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
....‘3‑1998 deciding the question of jurisdiction of the Labour Court and also the judgment dated 4‑8‑1998 passed by the Labour Court, Rajshahi in Complaint Case No. 4/97.
2. Briefly stated, the facts are that the respondent No. 2 Md. Jamaluddin filed Complaint Case No. 4/97 under section 25(1)......lso Reported in: 56 DLR (2004) 627.
......e plea of the petitioner as to the question of jurisdiction and proceeded with the case fixing 3‑5‑1998 for final hearing. The Labour Court, Rajshahi after hearing the parties and considering the evidence adduced, by the impugned Judgment dated 4‑8‑1998 allowed the complaint case and ordered..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....of the Act. Section 109 provides for cognizance of offences which runs as under: "No Court inferior to that of a Magistrate of the First Class shall try any offence under this Act." 5. From the facts of the case, it is found that the respondent by different letters insisted for amendment of Ar......o show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited ......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....extended again till disposal of the Rule on 25‑6‑2003 by suppressing the nonÂsubmission of the copy of notice which is illegal and thus the Rule has become in fructuous. He then submits that the facts and circumstances of the present case in no way comes under the mischief of section 344 of the......– Counter affidavit on behalf of the opposite party State filed in Court may be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...Category: Criminal Law | Date: | Hits: 71
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
.... fresh summons or for issuance of witness warrant would arise for consideration by the Court. Before recording order of acquittal under section 247 CrPC. Court below ought to have looked to all above facts as evident from the record. Moreover, the Court was also vigilant, cautious and careful as to ......004) 614.......l Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon evidence accused Chand Mia and another Salema Khatun were found guilty under section 467 PC and acco..Category: Procedural Law | Date: | Hits: 73
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....executing Court in Money Execution Case No. 39 of 95, which rejected a prayer of the decree‑holder for attachment of the movables of the judgment‑debtor, Deputy CommiÂssioner, Dhaka. 2. Short facts for the disposal of the Rule are that, the land of the petitioner was acquired long back on 25......nessa Khatun..........Petitioner Vs. Bangladesh ..........Opposite Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzam......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....prosecution case the learned trial Court has examined the accused under section 342 of the Code of Criminal Procedure when he was asked as to whether he pleads guilty, upon bringing all incriminating facts and materials that was adduced in the course of trial evidence, but the accused pleaded not gu......he convict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribu......-petitioner inasmuch as the same was recovered from the bamboo clump which is an open and public place and that the fact of alleged seizure of the arms has not been proved by any cogent or consistent evidence and, as such, the fact of recovery is doubtful. 6. After close of the prosecution case t..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t their Lordships in that Decision finally held: "It appears that the letter dated 11-3-2001 was written by the personnel of the National Board of Revenue being quite unmindful of the law and the facts and circumstances in the background whereof PSI Agency signed the Contract with the Government......also Reported in: 62 DLR (HCD) (2010) 284. ...... issue calling upon the respondents to show cause as to why (a) the letters variously issued by the respondents deducting VAT from the petitioners' invoices purportedly at a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998.
2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branc......risdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Abdul Motaleb Howlader alias Chan Miah………….................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents
Judgment
January 25, 2011.
Result:
The Rule is ...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 107
....sold out a portion of the mortgaged property to others before taking loan from the bank and by concealing the said fact caused huge loss to the bank, but the executing Court without considering these facts had allowed the Miscellaneous Case releasing .98 ¾ acres of land, a portion of the mortgaged ......ee.
Ed.
This Case is also Reported in:
...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....ly defendant No.1 executed and registered the sale agreement in favour of the plaintiff. Both the Courts below found the sale agreement to be legally enforceable and arrived at concurrent findings of facts that the plaintiff had served several legal notices upon the defendant; that the story of ‘s......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......ich is hit by the principle of lis pendens and therefore, he cannot claim to be a bona fide purchaser. 13. I have considered the submissions of learned Advocates for both the parties, examined the evidence on record and gone through the judgments. It appears from the plaint, deposition of P.W.1an..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... General-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......esses. After the prosecution was closed, the learned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....t the said co-accused detained him and compelled him to keep silent on threat of his life. But after being released from their grips, he did not disclose the occurrence at his own instance. Under the facts and circumstances, the learned Additional Sessions Judge partly believed his confessional stat......orney General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellan...... prosecution was closed, the learned Additional Sessions Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense. After conclusion of trial the learned Judge found the appellant guilty of murde..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th......011 and took adjournment for a week. 7. Mr. Abdullah Al mamun, learned Deputy Attorney General appearing for the State submits that the learned Additional Sessions Judge on proper consideration of evidence of both the sides arrived at definite finding that opposite party No.1 was in possession of..Category: Property Law | Date: | Hits: 53
....ndoned character of the suit property was finally decided up to the Appellate Division.
8. Against the said application for rejection of the plaint, the plaintiffs filed a written objection on the facts and grounds stated therein.
9. Learned Joint District Judge heard the application and allow......d J.- I agree.
Ed.
This Case is also Reported in:
......ubmissions advanced by learned Advocates of both the sides, examined the materials on record and gone through the decisions cited. It appears that the Court of Settlement considered and discussed the evidence both oral and documentary as adduced by the petitioner and observed that “it also appears..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di......the parÂties, or if otherwise, between the applicant and other parties. (2A) A miscellaneous case registered under sub-section (2) shall, unless the Court considers it necessary to take any other evidence, ordinarily be disposed of on affidavit. (3) On such application being made, the Court s..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....ent with occupancy right was created in favour of the patta holders, including the defendant; and such tenancy is protected from annulÂment. The learned Subordinate Judge on misconception of law and facts erroneously reversed the judgment of the trial Court; and learned Judge of the High Court Divi...... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law...... land purchased by him as a rent sale and suit was filed for declaration of his title and partition of the same plaintiff’s father got a decree in that suit. The trial Court in consideration of the evidence led by the parties and referring to the recitals in the pattas arrived at the finding that ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....l Appeal and Jail Appeal were heard by a Division Bench of this Court comprising my learned brothers Khondker Musa Khaled and Zubayer Rahman Chowdhury, JJ. The learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivered on 30th and 31st August, 2008,...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......l and Jail Appeal were heard by a Division Bench of this Court comprising my learned brothers Khondker Musa Khaled and Zubayer Rahman Chowdhury, JJ. The learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivered on 30th and 31st August, 2008, unanim..Category: Criminal Law | Date: | Hits: 94
....feet wide and 80 feet in length towards their homestead thereby changing the nature and character of the land which was given to them by way of licence as agricultural land. Upon consideration of the facts and circumstances, the High Court Division observed that the petitioners claim that they were ......Civil)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Samerendra Samajpati and others…………………………………………………………Petitioners
Vs.
Go......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......ellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) ......agency submitted a police report against those confessing accused and four others. The prosecution examined 11 witnesses in support of the charges. The learned Assistant Judge on consideration of the evidence on record, mainly relying upon the confessional statements which were found true and volunt..Category: Criminal Law | Date: | Hits: 100
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