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Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....ing for making illegal gains. It appears that at no point of time the plaintiff appeared in the Court, although his presence was consistently demanded by the defendant from the very beginning. In the facts and circumstances of the case, the absence of the plaintiff in the Court appears to be a myste......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N......rned Advocate appearing on behalf of the opposite party, on the other hand, submits that the learned Court of appeal below was perfectly justified in passing the impugned judgment on the basis of the evidence on record, after adverting to the reasons assigned by the learned trial Court. The learned ..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....tate. Criminal Miscellaneous Case No. 1219 of 1995 with Criminal Miscellaneous Case No. 303 of 1996. Judgment Kazi AT Manowaruddin J.- These two Rules have been heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......ption Act No.II of 1947 and further observed: “Since 17 witnesses including the IO have been examined, the learned trial Court shall have to take care of the legal provisions for considering the evidences already on record after complying with the legal formalities. The prosecution is to produc..Category: Criminal Law | Date: | Hits: 71
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....ed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.258 of 1992 allowing the plaintiffs application for re-examination of witness No.1 for the plaintiff. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a su...... High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: ......y or destroy the case of the opponent and to establish the party’s own case. In fine, the purpose of cross-examination is to impeach the veracity, accuracy, credibility and the general value of the evidence given in examination-in-chief and to sift facts already stated by the witnesses and to dete..Category: Property Law | Date: | Hits: 66
....sions of section 4 of the Partition Act. The expression a dwelling house belonging to an undivided family is to be liberally construed?”
The learned appellate Court without considering the above facts of the case, came to an erroneous finding that the suit land is not the part of dwelling house......maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....rned Advocate appearing for the plaintiff-petitioner, submits that the learned appellate Court below committed an error of law in allowing the application filed by the opposite parties in view of the facts that the petitioners did not assert in their application under Order I rule 10 of the Code tha......ment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil...... resisted by the present petitioner by filing a written objection wherein they have asserted that the summons of the suit was duly served on the defendants and the learned trial Court after recording evidence and hearing the parties dismissed the aforesaid Miscellaneous Case No.76 of 1982 vide its J..Category: Property Law | Date: | Hits: 55
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ......uch order as it thinks tit for the proper custody of such property pending the conclusion of the inquiry or trial, and if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold, or otherwise deposed of.'' 12. This power o..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha......ng run on a commercial consideration even if all its shares are held by the Government. This is the duty of the Board of Directors of the bank and its shareholders, the Government. 19. There is no evidence on record that the Board did not consider the scheme in its proper perspective. It is also ..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....on Nos.211 and 212 of 2002. Judgment Md. Abdur Rashid J.- The above reference on behalf of the applicants, who are proprietors of Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax retu......ommission of Taxes Zone-3………………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai...... chartered accountants and the Appellate Tribunal erred in law in maintaining such wrong assessment of receipts. 13. He submitted that when the receipts in all the cases were proved by sufficient evidence, the Assistant Commissioner of Taxes had no authority to reject a part of said receipts and..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....its there is a long line of decisions from the apex Court holding that, there is no reason to disbelieve Police personnel so far as their evidence are not otherwise impeachable. 11. In view of the facts and circumstances of this case, the points for decision are, (i) whether the incriminating art......72 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the Stat......, he pleaded not guilty of the charge brought against him and claimed to be tried. 4. The prosecution examined as many as 10 witnesses and the defence examined none. 5. After conclusion of the evidence from the prosecution bide, the accused person was examined under section 342 of the Code of..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....oakhali, allowing pre-emption in Miscellaneous Case No.17 of 1999. These Rules having arisen out of a common Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as ...... 62 DLR (HCD) (2010) 44. ...... case of Abdur Rahman Vs. Shamsunnahar Begum reported in 7 BLT (AD) 125 wherein at paragraph No.6 it has been observed: ''The High Court Division rightly held that in the instant case there is no evidence that the husband of the pre-emptee respondent was the recognised agent of hers. Therefore, ..Category: Administrative Law | Date: | Hits: 230
.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......ction)
Present:
Md. Azizul Haque J
Shefali Bala...............Petitioner
Vs.
Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule ......r case was that order of dismissal of the plaintiff was legal and the suit was liable to be dismissed with costs.
4. The learned Assistant Judge framed issues in the suit. Both the parties adduced evidence on the issues and the learned Assistant Judge having considered the cases of both the parti..
Category: Employment/Service Law | Date: | Hits: 118
....r dated 29.3.2011 passed by the High Court Division in Writ Petition No.11152 of 2006.)
Judgment
Surendra Kumar Sinha J. -
The delay in filing of the leave petitions is condoned. Though the facts, the status of the writ petitioners, and the judgments are not identical rather distinct, law ......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....ho are eye witnesses of the occurrence have been corroborated by P.W.1, the informant, but the High Court Division observed that P.Ws.3 and 5 are the eye witnesses who also did not state the material facts to the investigating officer. It is further contended that the High Court Division did not at ......mad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The State, represented by the Deputy Commissioner, Brahmanbaria…………………..Petitioner Vs. Md. Shahidul Islam and others………….Respondents Order June 23, 2011. Result: The Leave is granted. ......referred an appeal in the High Court Division, which was allowed by the impugned judgment and set aside the entire judgment and order of conviction. 4. We have perused the judgments along with the evidence of the witnesses. We have heard the learned Attorney General and the learned counsel appear..Category: Criminal Law | Date: | Hits: 69
....the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordin......ivision
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Director General, Bangladesh Railway and others………………..Petitioners
Vs.
Sher-e-Bangla Market Dokander Bohumukhi Samobaya...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....and, as such, there was no scope and necessity to recall the PWs. On consideration of the application filed by the accused-petitioner Chutta Mia for recalling the PWs and also on consideration of the facts and circumstances of the case as well as the shirking role played by the State defence lawyer ......mant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnes......nding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnesses and the Court below declared closure of the prosecution evidence on 17‑2‑2004 fixing 19‑2‑2004 for examination of the accused under section 342 of t..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....ies relating to deterioration of law and order situation of Barisal Division Headquarter nor there is any allegation that they were ever attacked with men of the informant-party and, in the matter of facts and circumstances it is not desirable to infer that the petitioners have got reasons to feel i......ase is also Reported in: 56 DLR (2004) 607.......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....t behind the bars by the Tribunal without any such offence being committed by him. He submits that the learned Judge neither considered the materials on record nor caused any inquiry to ascertain the facts rather most illegally rejected the petition and passed the order issuing conviction warrant ag....... - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence passed on 17‑6‑2001 by the Special Tribunal No......id report forwarded by the Deputy Commissioner, Dinajpur and it appears from the report that the learned Magistrate, who was entrusted to hold inquiry examined 18 witnesses and upon considering those evidences and investigating the matter personally opined that no person naming Md. Abul Kalam Azad, ..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
.... respectable aged man like the petitioner has been languishing in custody for about 3 months who has been implicated in series of case, one after another, including the present one, as such, from the facts and circumstances, it appears that the detention of the petitioner in custody is an outcome of......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ...... of his blood pressure, blood sugar levels and daily insulin injections as well. The learned Counsel for the petitioner submits further that there is no chance of abscondence or of tampering with the evidence on the part of the petitioner, in the event of his being enlarged on bail. Dr. Hossain subm..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
.... the expectation of the petitioners of that case was also based on the resolution of the Board Meeting. Thus the petitioners of that case had basis for legitimate expectation of their absorption. The facts and circumstances of that case are completely different and the said decision has no manner of...... Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
.... plaintiff had not created further charge on the deeds why she did not take any step for return of the deeds. He also claimed that the copy of the letter dated 19‑12‑92 was created by her. In the facts and circumstances of the case, such wild suggestion is not at all accepted. It is on record th...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......light of the day for long. He had no knowledge in that respect. It was not true that the bank mala fide entered the deed of previous loans against the account of other loan. These are all the oral evidence adduced by the parties. 25. On the evidence, oral and documentary, learned Joint Distric..Category: Civil Law | Date: | Hits: 109
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