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Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....he appellants were made a scape goat by the manufacturers, who initiated the search in the instant case only to protect their own skin and their representative and that would be apparent from the facts that inspite of the arrest of the said representative namely, Mr. Sanaullah by the Police, fro......o Reported in: 41 DLR (HCD) (1989) 246. ......ppellants' pharmacy and he purchased those on good faith believing those to be-good medicine. 5. The Court after recording the deposition of the witnesses and after considering other documentary evidence on record, such as the report of the analyst, came to a finding that the prosecution had ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....the Code of Civil Procedure will show that it is primarily for the Court to decide the necessity of a local investigation and the Court having refused that prayer on consideration of the material facts, this Court will not interfere in its revisional jurisdiction with the impugned order. 7.................Petitioners Vs. Shah Alam Bhuiyan & others............Opposite Parties Judgment February 9, 1989. Result: The Rule is discharged. Lawyers Involved: Md. Akkas Ali and S.R. Karmaker, Advocates - For the Petitioners. Wahidul Momen Chowdhury, Advocate - For the O......suit land and he has been illegally dispossessed by the defendant. The defendants also assert that the plaintiffs land is 200 yards away from the land of the defendant. This is really a matter of evidence and the trial Court will decide that in pursuance of the evidence both oral and documentary..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this Court may seem fit and proper. 2. In the two Rules, similar facts and common questions of law having been involved, those were heard analogously and are being d......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh......neer shall, on the day appointed for the hearing, or on any subsequent day to which the hearing may be adjourned, hold an enquiry and hear the objections of any persons who may appear, recording such evidence as may be necessary.” 38. Section 27 runs thus: “27. Wherever, in the course of p..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ide. In this connection we may also observe that under the provision of rule 5 of Order XXXVIII the Court should consider the question of security as the first alternative. 8. Having regard to the facts and circumstances of the case, we consider that the appeal should be allowed. 9. In the res...... into an agreement on 8-4-93 with his brother, namely, defendant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transfe......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....heir respective cases and thereafter the learned trial Court shall dispose of the suit on merit in accordance with law. The order of stay granted by this Court earlier is hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records ...... This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......that the Solenama is a genuine one and also asserted that Kabala of Sayedunnessa is collusive, fraudulent and without consideration and it was never acted upon. 3. The trial Court on review of the evidence dismissed the suit vide its judgment and decree dated 31-3-90 and being aggrieved by the af..Category: Procedural Law | Date: | Hits: 72
....duty as the petitioner had already paid part of the duty in cash and submitted Bank Guarantee for the remaining part under the provisional assessment made under section 81 of the Customs Act. So, the facts and circumstances of the aforesaid reported decisions are clearly distinguishable from the fac......t.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....f 1995 Writ Petition No. 891 of 1996 Judgment Md. Awlad Ali J.- These three writ Petitions have been heard together and are disposed of by this judgment as common question of law and similar facts are involved in all the three cases. 2. The Nisi was issued in Writ Petition No.1840 of 199......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
.... of age. In such circumstances we are not inclined to confirm the death sentence awarded to him by the learned Sessions Judge. We are of the view that leniency should be shown to him and in the above facts and circumstances he should be awarded the alternative sentence of imprisonment for life and f......Md. Hamidul Haque J State…………………Petitioner Vs. Md. Jamaluddin……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - ......e and in support of Jail Appeal submitted that there was no eye-witness of the occurrence and, as such, conviction of the condemned prisoner was illegal. He further submitted that even if prosecution evidence is relied on even then death sentence cannot be awarded to him as there is evidence of quar..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....n the finding of the trial Court. The trial Court from the evidence drew conclusion of fact which cannot be interfered with in an application under section 25 of the Small Causes Court Act. In the facts and circumstances of the case and in view of the foregoing reasons I do not find any cogent re...... records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......urt the learned Judge rightly disbelieved her and accepted the testimony of D.W.1 Serajul Islam as regards payment of rent for the months of April to July, 1989. 6. By threadbare discussion of the evidence and by considering the material on record, the trial Court disbelieved the plaintiff’s ca..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
....ication and obtained the instant Rule. 6. Mr. Shamsul Huda, the learned Advocate appearing for the defendant petitioners, submits that the learned appellate Court below on misconception of law and facts erroneously allowed the prayer for temporary injunction as well as mandatory injunction and, a......ts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....eafter MV Mauro D'Alesio moved on to her discharging berth and hurriedly completed the discharge of her cargo and left the territorial waters of Bangladesh on 10‑12‑96. 19. Under the aforesaid facts and circumstances, the owner of MV. Hawai Splendour filed two applications one in Admiralty Su......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......nd on his instituting a cross-cause for the damage sustained by him in respect of the same collision, direct that the principal cause and the cross‑cause be heard at the same time and upon the same evidence, and if in the principal cause the ship of the defendant has been arrested or security give..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....but in the instant case that has not been done. He also cited the case of Muhammad Jamal Vs. Chairman, Industrial Court reported in 16 DLR (SC)) 386 but in course of his submission he states that the facts of that case are distinguishable from the present case. 22. Thus from the above discussion......urt High Court Division (Civil Revisional Jurisdiction) Present: MM Ruhul Amin J Hakim Ullah……………………………………………………….Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 199......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....ause as to why pending disposal of GR case No.467 of 1995 now pending in the Court of the learned Magistrate, 1st Class, Court No.4, Barisal the petitioner should not be enlarged on bail. 3. Brief facts relevant for disposal of this Rule are, that on 8‑12‑95 at 11‑15 hours, Md. Mizanur Rahm......twali Police station Barisal stating, inter alia, that on 8-12‑95, at 21-00 hours, while he was at BNP office, he came to know that his elder brother Mosudur Rahman (Babu) received serious injuries and he is in Sher‑e‑Bangla Medical College Hospital and hearing the aforesaid news the informant......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......……………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgment July 22, 1996. Result: The Rule is made abso...... in connection with investigation of a criminal case. Under clause (1) of sub-section (1) of section 4 of the said Code investigation includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised ..Category: Criminal Law | Date: | Hits: 60
....l No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned a......Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......tate, Khulua in the “Kha” list of the abandoned buildings, published in the Bangladesh Gazette (Extraordinary)dated 23-9-96 under the heading ‘Khulna District’ serial No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have be..
Category: Limitation Law | Date: | Hits: 175
....sconduct as mentioned in section 38. Chief Invigilator did not send any independent report in writing. He merely forwarded the report of the invigilator with his recommendation to take action. In the facts and circumstances of the case it cannot be said that the petitioner was expelled from the exam......J
Amirul Kabir Chowdhury J
Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner
Vs.
Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
.... barred in view of section 196 of the Code of Criminal Procedure. There have been other incidentals points raised in this case which will be disposed of in course of the judgement. 3. The relevant facts are that, the opposite party No.2 Moulana Md. Yusuf an inhabitant of Gopalganj filed a petitio......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994.......ged by the higher Courts in any circumstances. In the instant case, it appears that the Labour Court issued summons against the accused petitioners on the materials disclosed by the complaint and the evidence recorded. In the circumstances, the petitioner ought to have appeared in that Court before ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
.... the accused is guilty. Where the evidence is of a circumstancial nature, the circumstances from which the conclusion of guilt is to be drawn should be in the first instance fully established and all facts so established should be consistent only with the hypothesis of the guilt of the accused. Agai....... Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... assailant of deceased Nasiruddin. He further submits that there, is no eye witness to the occurrence of the alleged murder of Nasiruddin. He also submits that the case rests solely on circumstantial evidence which is not only weak rather there is a missing link in the chain of circumstances and vir..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II/47) should not be quashed. 2. The short facts relevant are that, one Mr. Md. Moslehuddin, inspector, Bureau of Anti-Corruption, Dhaka, lodge......upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/47......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....er the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus the Court of appeal below shirked its responsibility in deciding the appeal on merit. In the facts and circumstances stated above Court of appeal below acted illegally in allowing the appeal an......itiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......nd payment of ad valorem Court fees by the plaintiffs it cannot be doubted that plaintiff’s suit was for declaration of title and partition. 14. Court of appeal below did not at all consider the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus ..Category: Civil Law | Date: | Hits: 86
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