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State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... with Jail Appeal No.1831 of 1992 with Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh,......peal No. 1944 of 1992 against their conviction and sentence. By this judgment both the appeals and the Death Reference will be disposed of. 4. We construct the prosecution case on the basis of the evidence given by the P.Ws. as hereinunder. 5. P.W.1 Abdur Razzaq was coming home with his family..Category: Criminal Law | Date: | Hits: 66
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....ence of both the parties and their learned lawyers." 22. From a reading of the said order, translated into English from Bengali, it would thus be seen that the Tribunal had applied its mind to the facts of the case and to the allegations made therein, the depositions of the witnesses for both the...... High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Sirajul Islam J Mustasim Ali……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The R...... liable to be dismissed. On 6.8.92 the election case was taken up for hearing and the respondent No.1, Abdul Motalib, was examined in part as P.W.1 and the case was adjourned till 13.8.92 for further evidence and on that day P.Ws. 2 and 3 were examined. Thereafter, Abdul Motalib applied for further ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....12.83 of the Assistant Judge, Matlob Upazila in connection with an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure in Title Suit No.32 of 1988. 2. Short facts giving rise to this Rule are as follows: The plaintiffs‑petitioners instituted the above ......dgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....s, he intended to say it is a permissive possession but there is no material on record to support this contention. Relying on this principle laid down in section 57 of Mohammedan Law and taking other facts into consideration it was held that Badarganj property was acquired by both the brothers and b......………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. Ali Ashraf......s false to state that this petitioner carried on joint business with the plaintiff, that plaintiffs claim of interest and title in suit properties has no foundation at all. 7. Both parties adduced evidence before the learned Subordinate Judge who on consideration of the evidence on record held th..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in hold......ce of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, o......s and liabilities the property income although the same was shown through mistake. He further argued that the finding of the Tribunal that Mrs. Mallik was only a name lender is not based upon a legal evidence. 4. The questions that raised before us is whether the order of the Tribunal was based o..Category: Fiscal/Taxation Law | Date: | Hits: 110
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....ade out is false and fabricated and the same has been brought against the accused persons due to existing enmity and litigations between the parties. The learned Special Judge on consideration of the facts and circumstances of the case and the materials on record found accused appellant Nos. 1 and 2...... This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......rned Deputy Attorney‑General along with Mr. Fazlul Hoque Chowdhury, Advocate appeared for the State. 7. At the hearing of the appeal, we have been firstly taken through the FIR, the charges, the evidence on record, the exhibits in this case, the 342 statements of the accused and the impugned ju..Category: Criminal Law | Date: | Hits: 69
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
.... the Constitution normally does not arise. But the presence of alternative remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circumstances of a particular case are such that the accused person had no reasonable oppo......, Civil Appeal No.5 of 1996; Bulbul Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawyers Involved: ANM Gaziul Haque with Zafar Ahmed, Advocates - ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....e respective Writ Petition under the authority of Excise and Salt Act read with Excise and Salt Rules they cannot now plead Special Limitation under Rule 11 of the Excise and Salt Rules, 1944. In the facts and circumstances of the respective case there was no question of limitation in refunding the ......vision (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Tamanna Steel Galvanizing Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discha......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
.... Appeal No.2311 of 2010 and No. 803 of 2011 arise out of the judgment and order dated 25.04.2010 passed by the High Court Division in Writ Petition No. 772 of 2010 making the Rule absolute. 3. The facts relevant for consideration of the two leave petitions in brief, are as follows: 4. The writ......umar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mirza Ashfaque Hossain and another (In Civil Petition No. 2311 of 2010) The Vice Chancellor, National University, Gaz......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Government of the Republic of Bangladesh represented by the Deputy Commissioner, Brahmanbaria and others.....................Petitioners Vs. Mahabbat Ali and others…....................R....... Rule 1 of Order XLVII of the Code of Civil Procedure has stated that review of a judgment and order can be made on the prayer of any person aggrieved upon discovery of a new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of that aggrieved ..Category: Property Law | Date: | Hits: 58
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it appears from the writ petition, the writ-petitioner stated facts therein tracing back to the history of pre-liberation period leading to the formation of Chitt.................................Petitioner (In Civil Petition No.1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Resu......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897........ Siifia Khatun, Advocate-on-Record- For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 332 of 2011. (From the judgment and order dated 24.04.2011 passed by the High Court Division in Criminal Miscellaneous Case No.34188......ted bail to the accused respondent making observations to the effect that no transcript of the alleged e-mail was incorporated with the F.I.R and that nothing conclusive or tangible prima facie evidence was available at this stage to show that the said e-mail was received from the petitioner's..Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....nd another were examined under section 342 Cr.P.C. to which they repeated their innocence. 5. Thereafter the learned Assistant Sessions Judge, in consideration of the evidence on record as well as facts and circumstances of the case found the accused appellant and another guilty for the offence c...... No.464 of 1993. Judgment Md. Hassan Ameen J. - This criminal appeal at the instance of the accused appellant Mizanur Rahman @ Mija @ Mizan is directed against the judgment, order of conviction and sentence dated 30‑6‑92 passed by the Assistant Sessions Judge, Pirojpur in Sessions Case No.......n case the accused appellant and another were examined under section 342 Cr.P.C. to which they repeated their innocence. 5. Thereafter the learned Assistant Sessions Judge, in consideration of the evidence on record as well as facts and circumstances of the case found the accused appellant and an..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
.... fledged discussion upheld the spirit of the letter written by the defendant No.1 and the ad‑hoc committee has been legally constituted. 42. The learned Assistant Judge upon consideration of the facts and circumstances of the case finds in his judgment a Prima facie arguable case in favour of t...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......unction as a remedy of law resulting in an error in the decision occasioning failure of justice. Mr. Khan further submitted that the granting of injunction by the learned District Judge without fresh evidence has caused an error of law occasioning failure of justice. Mr. Khan has further submitted t..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... passed by learned Munsif 1st Court, Sylhet in Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading to the issuance of this Rule are that the petitioner instituted the said Miscellaneous......97) 74. ......ion 24 of the East Bengal State Acquisition and Tenancy Act inasmuch as the purchase made by two separate Kabalas and two separate cases ought to have been filed by the petitioner. On a review of the evidence led, the trial Court allowed the pre‑emption case in favour of the petitioner against whi..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi Ebadul Haque J Benode Behari Mondal.......…………………….Petitioner Vs. Arabinda Sarder and others……………………..Opposite Parties Judgment January 3, 1995. Lawyers Inv...... leaving son Kanah Sarder who left the country for India and as such his share became vested property and they took lease of his share from vested property authority. On consideration of the material evidence trial Court decreed the suit. Being aggrieved by the same some of the defendants preferred ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....ey pleaded not guilty and declined to say anything further or to produce any defence witness. The learned Additional Sessions Judge, 2nd Court, Mymensingh on consideration of the evidences on record, facts and circumstances of the case found the accused persons (the present appellants) and three oth......also Reported in: 49 DLR (HD) (1997) 66. ......e Cr.P.C. to which they pleaded not guilty and declined to say anything further or to produce any defence witness. The learned Additional Sessions Judge, 2nd Court, Mymensingh on consideration of the evidences on record, facts and circumstances of the case found the accused persons (the present appe..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......ase is also Reported in: 49 DLR (HD) (1997) 64. ......red a revision under sections 435 and 439A of the Code of Criminal Procedure before the Sessions Judge, Rajshahi. The learned Sessions Judge found that the learned Magistrate could not appreciate the evidence on record properly and without giving any cogent ground disbelieved the P.Ws. He also obser..Category: Criminal Law | Date: | Hits: 82
...., therefore, find that the detenu is being held in custody without lawful authority.
7. Before we pass the final order in this case we like to observe that although in the grounds of detention the facts disclosed contained sufficient materials to invoke the provision of section 3 of the Special P......
Md. Ruhul Amin J
Muklesur Rahman (Md.)…………………………………………………Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………………………………….Respondents
......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
..
Category: Criminal Law | Date: | Hits: 105
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....he opposite party No.1 only to show cause as to why the said impugned order should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the Rule are that the plaintiff‑opposite party No.1 filed a Title Suit No.303......tely. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
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