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Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....judgment and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahma...... This Case is also Reported in: ......e government and since the land is recorded in favour of the Bangladesh Government all title and interest have been vested upon the government. 7. The trial court on consideration of the material evidence on records adduced by the parties both by deposition in the court and also through document..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....33 is to be considered to ensure corporate governments as well and to require fairness in managing the affairs of the company by the Board of Directors or majority share-holders. However, on the facts of this case, I find 54 DLR 28 is liable to be distinguished for the reasons stated herein bef......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....e ready for hearing on 26-4-1987. 7. It transpires from the record that the revisional application is pending since long before and the subject matter of this application relates to questions of facts and the legal matters are involved in the case. However, since the Rule is of 1987, the matter......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....eal, by leave, is directed against the judgment and order dated 23.02.2005 passed by a Division Bench of the High Court Division in Writ Petition No.1633 of 2003 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent M/S Sanker Kumar Das filed the Writ Petition No......ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.........................llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....bsp;No.7,14, RS Khatian No.7, 14 & CS Plot No.23, 9 & RS Plot No.27, 34; which are homesteads, ponds and Nals situated at Mouza Giribordi, PS Sonargaon, District-Narayanganj. 2. Briefly, facts of the case as stated in the writ petition, are that the petitioners purchased 2.97 acres of l......HCD) (2013) 68. ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Since both the Rules have arisen from the same CR Case and the common questions of laws and facts are involved in these Rules, they are heard together and are being disposed of by this analogo...... ......r face value and accepted in their entirety, do not constitute the offence as alleged. (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....come before this bench and, as such, it is necessary to examine whether there is prosecution materials on record to proceed with the trial of the Special Case. It is pertinent to see whether the facts alleged against the accused-petitioner constitute any criminal offence. Taking us through the ...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-......the trial Court as well as appellate Court. But the instant case under section 561A of the Code of Criminal Procedure has been filed when the original Criminal case is pending and yet to be tried. No evidence is available before us to ascertain correctness of allegations brought by the accused-petit..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....vate sale of mortgaged-property; the executing Court is under no obligation to accord permission for sale in favour of Ragib Ali. On the other hand, it is urged on behalf of Kutub Uddin that the facts revealed that as the transaction between the judgment debtor and Ragib All is far from being b......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....oner as well as for the Bank. Perused the application and the documents submitted therewith as well as the affidavit-in-compliance submitted on 1-8-2012 and the documents filed therewith. 9. The facts leading to filing of this application has been stated in brief, herein above. 10. Having ......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....ior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of the facts and circumstances of the case the learned trial Court came to the finding that the prosecution......is also Reported in: 21 BLT (HCD) (2013) 20 ......nnocent and they have been falsely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of the facts and circumstances of the case the lear..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....uced by the prosecution to prove the charge. 34. The prosecution case is that one foreign revolver along with four round bullets were recovered from the exclusive possession of the accused. Such facts were disowned by the defence. Its case was that he had no knowledge about the arms and the sam......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871...... witnesses. 6. After closure of the prosecution case, accused was again examined under section 342 of the Code of Criminal Procedure (briefly as the Code), again he pleaded not guilty but led no evidence in defence, however he offered an explanation supporting his innocence and false implicatio..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....h the impugned judgment and order of conviction. 21. It is now a well-established principle of law that quashment under section 561A of the Code of Criminal Procedure is possible in cases of (a) facts alleged not constituting any offence (b) bar of law (c) coram non judice (d) lack of legal evi......te Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Di......trial the prosecution examined 8 witnesses including the victim informant and of them one was tendered and prosecution witnesses Nos.2-4 were declared hostile by the prosecution. After closure of the evidence of the prosecution witnesses there was no scope for examination of the accused-petitioner u..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
.... rejected summarily on 23-2-1996. 6. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 7. No one appears to support the Rule. In view of facts this is an old case of 1996, we are inclined to take it up for disposal on merit considering t......CD) (2013) 272. ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......ral with Syeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal C.................................Respondent Judgment August 22, 2012. Result: The appeal is dismissed. In an arms case, an accused could be convicted on the basis of unimpeachable evidence of the Police witnesses though the public seizure list witnesses were reluctant to tell the..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
.... and no arms was recovered from the possession of the petitioner, the convict-petitioner has been entangled with this case out of enmity with the police personnel. 5. Considering the facts, circumstances and deposition of prosecution witnesses and hearing the parties the learned jud......sult: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and unimpeachable, but the case where public witnesses depose in one voice contrary to what police p......he possession of a petitioner which contention shall have to be supported by public witnesses. ....... (21) Corroboration by public witnesses Conviction can be awarded relying only upon the evidence of police personnel. Corroboration by public witnesses must exist for awarding conviction....Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner Orascom T......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......(Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Tapan and others................................Petitioners [In Criminal Petition No.91 of 2010] Vs. ......llip;……………........Respondent [In all the cases] Judgment August 13, 2012. Result: The petitions are dismissed. Though there were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on rec..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....he Senior Assistant Judge, Narail Sadar in Title Suit No. 455 of 1978 should not be set-aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-pe......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg......d material illegality and irregularity in deciding the merit of the suit against the plaintiff-petitioner and in favour of the defendant-opposite parties. There has been misreading and non-reading of evidence in sifting evidence and the learned lower appellate court has totally failed to assess the ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned propert......d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....the case of the said Jamuna Oil Company limited and this court in that reference application found that treating the assessee-applicant company as a 'supplier' is a palpable wrong on the facts and circumstances of the mode of business and the status of the assessee-applicant company. ...... IT Reference application No. 233 of 2011 With Rule No.198 (ret) of 2011. Judgment AFM Abdur Rahman J.— Both these Income Tax Reference Application being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
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