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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......d obtained an order staying all further proceedings in Execution Case No.2 of 1995. 4. During pendency of the suit, the plaintiffs tried to dispossess the petitioner’s husband from the land in question, for which he being a defendant filed an application for temporary injunction to restrain t......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......dgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Court in deciding an applic...... (in-charge), Gazipur in Miscellaneous Case No. 6 of 2004 rejecting the Miscellaneous case under Order XLI, rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filing of the above Appeal are that the appellant as pre-emptor filed Pre-empti..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... upon the prosecution. If the prosecution has failed in discharging its burden of proving the commission of crime by the accused beyond any reasonable doubt, it may not be necessary to go into the question whether the accused has succeeded in proving the defence of alibi. But once the prosecutio......ime by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......ally correct. It held, "If the prosecution has failed in discharging its burden of proving the commission of crime by the accused beyond any reasonable doubt it may not be necessary to go into the question whether the accused has succeeded in proving the defence of alibi. But once the prosecutio......ime by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......cree dated the 10th day of February, 2011 passed by the High Court Division in Appeal from original Decree Nos.357, 358, 346 and 327 of 2009 dismissing the appeals. 2. Identical facts and common questions of laws being involved, these petitions have been heard together and are disposed of by th......e judgment and decree dated the 10th day of February, 2011 passed by the High Court Division in Appeal from original Decree Nos.357, 358, 346 and 327 of 2009 dismissing the appeals. 2. Identical facts and common questions of laws being involved, these petitions have been heard together and are ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ...... The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise. Even if it is found that the case was filed prior to the exp...... time of issuance of the Rule, all further proceedings of the aforesaid Sessions Case No.118 of 2010 pending in the Second Court, Joint Sessions Judge, Jamalpur were also stayed. 3. The relevant facts necessary for disposal of the rule are that the opposite party No.1 complainant filed the Crim..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......o.243 of 2009 affirming the judgment and decree dated 13.10.2009 and 15.10.2009 passed by the Joint District Judge, 1st Court, Barisal in Title Suit No.88 of 2003 should not be set aside.
2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the present petitioners ..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ons advanced by the learned Advocates for the respective parties. 14. In view of the submissions and counter submissions advanced by the learned Advocates for the respective parties, a pertinent question arises as to whether the impugned proceedings should be quashed. To decide this issue, it w......ublic servants and the allegation of abetment paddling against him is imaginary and unfounded and under the given context, the impugned proceedings should be quashed. He lastly submits that the facts disclosed in the charge-sheet having no tangible basis do not constitute any offence against t..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ounsel for the respondent bank at length and considered his submissions. We have gone through the petition, impugned order and other relevant Annexures appended to the petition. 6. The moot question that fails for consideration by this Division in this petition is whether under the fa......petition, impugned order and other relevant Annexures appended to the petition. 6. The moot question that fails for consideration by this Division in this petition is whether under the facts and circumstances of the present case the impugned order was justified in terms of Order XXI, ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....sions Judge under a misconception of law treated the statement of witnesses as confessional statements and misdirected himself in convicting the appellant on such wrong view of law." On the identical point, they further refer the case of Md. Jiaur Rahman Vs. The State 15 BLD-459 held: ...... 18. We should bear in mind, credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny, When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be tak......quot; In the case of Syed Nazakat Hossain alias Ujjal Vs. The State 48 DLR-139 held: "Statements recorded under Section 164 of the Code cannot be treated as substantive evidence of the facts stated therein." Secondly: The absconsion of the accused soon-after the occurrence c..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......through the impugned judgment of the High Court Division and the judgments of both the courts below. It appears that the High Court Division, on meticulous examination and consideration of all the facts, circumstances and evidence on record decided both the grounds pressed in the revisional appl..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......d 16.02.2006, the Adalat rightly passed the order dated 07.10.2007 on the application filed by the decree-holder-Bank; whether the petitioners filed the application on 16.02.1996 or not is a disputed question of fact which cannot be decided in a writ petition. 4. The main contention of the peti......h J.- Although these two leave petitions have been filed against the separate judgments and orders passed by the High Court Division in two separate writ petitions, the parties being the same and the facts giving rise to these petitions being overlapped, they have been heard together and are dispose..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......d by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that the present opposite party as the plaintiff fil..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......and on the basis of those documents Customs Authority assessed the petitioner’s duty and tariff. Then, the petitioner on 9-2-2011 paid entire customs duty, VAT and other charges of the goods in question. But, the respondent No.4 did not deliver the aforesaid goods to the petitioner. 3. Mr......; not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty paid goods. 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner opened a ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ion 26 of the Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context, the imp......e Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context, the impugned procee..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......e company was properly examined." 7. It thus appears from the record that some of the members are still inclined to keep their investment in the company, as it is. So, I have considered the question whether selective reduction, as proposed in above quoted special resolution, woul......n i of reduction of share capital to the extent of (Taka 3,16,80,000 + Taka 4,83,20,000) = Taka 8,00,00,000. 4. None appeared to oppose the application. 5. The facts, in brief, leading to filing of this application has been stated herein before. 6. It app..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......s changed the record of right in the Revisional Survey (R.S.) in favour of the government which caused filing of the present suit by the plaintiff-opposite party in the trial court. 27. Here, the question arises how, when and after following what procedure the concerned authority changed the R.S......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..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......5-2008 the tenure of 5 years will be expired on 7-5-2013. As such the board resolution dated 6-10-2011, whereby the petitioner has been removed, is totally ultra vires the power of respondent and the questioned resolution is liable to be cancelled as per provisions of clause a of sub-section (3) of ......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..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....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. ...... made the Rule 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 198......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..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
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