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Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)

....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......thens Greece and others………………Petitioners Vs. Grain Bank Ltd……………Opposite Party Judgment November 23, 1992. Result: The rule is made absolute. Cases Referred to- Messers United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; U......o doubt, the order directing to furnish bank guarantee is an independent order but it is made in consequence of the order of attachment and where the order of attachment itself cannot be sustained in law the consequential order for security has no leg to stand on in law. This view of mine finds supp..

Category: Civil Law | Date: | Hits: 75

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......, it is found from a consideration of the evidence on record that the deceased was living with her husband, the present appellant Shamsuddin, and she was murdered inside the hut of the appellant and, according to the appellant, she committed suicide which was found to be false. As the appellant trie...... Shamsuddin………………………Petitioner Vs. The State……………………Opposite Party Judgment December 10, 1992. Result: The appeal is dismissed. Cases Referred to- State Vs. Kalu Bepari, 43 DLR 249; Rezaul Haq and others Vs. State, 42 DLR 440. Lawyers In......here can never be any conviction on circumstantial evidence. In other words, the prosecution cannot prove its case by circumstantial evidence. Such a concept is contrary to time honoured principle of law regarding circumstantial evidence. Here in this case before us, it is found from a consideration..

Category: Criminal Law | Date: | Hits: 66

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....cope of rule 18 of the Order 41, the petition for restoration is liable to be treated as one under section 151 of the CPC. The order of dismissal of Misc. Case No.26 of 1988 has occasioned failure of justice. 7. In reply to this contention the learned Advocate appearing for the opposite party sub......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......ers…………………….Petitioners Vs. Abdul Majid and others………………….Opposite Parties Judgment January 8, 1992. Result: The Rule is discharged. Cases Referred to- Syed Md. Shah Vs. Abdul Jabbar, Md. Yakub and others, 1943 AIR (Sind) page 132; Haji Golain S......uffer from any illegality and that the impugned order being in consonance with the provision laid down in Article 168 of the Limitation Act and as such impugned order cannot be held to be contrary to law. The learned Advocate continued to urge that application for readmission of the Title Appeal No...

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......m the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized according to Mohammedan Law, the Kabinnama was not registered. They lived as husband and wife togeth......�….Appellant. Vs. Anowar Hossain…………………………………………………….. Respondent. Judgment July 31, 2011. Result: The Appeal is allowed. Cases Referred to- Asha B.V. Kadir B., (1909) 33 Mad 22, Abdul Kaidr V. Salina, (1886) 8 All. 149(155), Moung Ky......iyan, learned counsel contended that the view of the High Court Division in drawing adverse presumption against the appellant merely on the ground of absence of kabinnama is based on misconception of law. According to the learned counsel, in view of the concurrent findings that the appellant and the..

Category: Family Law | Date: | Hits: 318

Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)

....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......ate for the appellant failed to bring to our notice any decision in support of his contention that there was no necessity to prove initial intention of the accused to deceive in case of cheating and, according to him, subsequent conduct of the accused is enough to find a person guilty of cheating. A......Ebaidul Hoque J Abdul Karim………………Appellant Vs. Shamsul Alam……………….Respondent Judgment September 5, 1993. Result The appeal is dismissed. Cases Referred to- Shah Alam and others Vs. State, 42 DLR (AD) 31; Akamuddin Ahmed Vs. State, 27 DLR(AD) 175; Na......mplainant on inquiry came to learn on 12.8.85 that the accused had been staying in a hotel at Chittagong and he sent his son P.W.3 Mizanur Rahman to Chittagong. P.W.3 and complainant's brother‑in‑law P.W.2 Sakhawat Hossain, a businessman of Chittagong traced out the accused on 13.8.85 in a hotel..

Category: Criminal Law | Date: | Hits: 69

Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

....eferred to in the plaint which was necessary for filing written statement. A defendant is entitled to inspection of the documents referred to in the plaint. The order impugned has led to failure of justice. 5. Accordingly, the impugned order is set aside and I direct the plaintiff to produce th......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......mudur Rahman J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application filed under Order 11, rule 15 for a direction upon the plaintiffs to file the document referred to in the plaint in Court for inspection of the defendants. 2. The ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..

Category: Property Law | Date: | Hits: 55

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ellant was absconding from after the death of the deceased until his surrender on 8‑11‑1995 more than five years later. If the deceased died of consuming poison he should have informed the police accordingly instead of absconding. Although his long period of absconding is not by itself conclusiv......pari, 43 DLR 249; State Vs. Shafiqul Alam alias Rafiq, 43 DLR (AD) 92. Lawyers Involved: MA Quddus with Masuda Rehana Begum, Advocates‑For the Accused‑Appellant. Snigdha Huq, Assistant Attorney‑General with Md. Robiul Karim, Assistant Attorney‑General‑For the Respondent‑State. ......ny independent evidence and therefore, the prosecution has not been able to prove the prosecution case beyond reasonable doubt and, as such, the order of conviction and sentence is not sustainable in law. 9. As against this, the learned Assistant Attorney‑General, Mrs. Snigdha Huq, submits that..

Category: Criminal Law | Date: | Hits: 51

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......Mobarak Ali Gazi (Md.)……........Petitioner Vs. State………………………………..Opposite Party Judgment May 14, 2003. Result Rule is made absolute. Cases Referred to- Viran Wali Vs. State, AIR 1961 J & K 11; Bhagabaticharan Vs. Emperor, AIR 1933 Cal 644; A......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...

Category: Criminal Law | Date: | Hits: 62

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

.... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ......s mysterious to unveil in this case, is the very process of assessment. None explained before us why the Customs authority started the assessment process on 2‑6‑1998 on a Bill of Entry presented, according to them, on 4‑11‑1997 (Nathi No.3325/AP/Group‑10/97‑98. Annexure-A to the Writ Pet...... Ed. This Case is also Reported in: 55 DLR (2003) 322. ...... (Annexure-B) and Memo No.2(9)Cus‑5/94/2042 dated 16‑10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts relevant for the purpose of disposal of this..

Category: Business or Commercial Law | Date: | Hits: 209

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ...... the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......hether in the facts and circumstances of the case the Tribunal was justified in holding that the Convention is a guideline and the Deputy Commissioner of Taxes is to make assessment as per fiscal laws of Bangladesh. 5. Whether the Tribunal was right in the interpretation of Act 7(3) of the Co..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......oresaid evidence, the learned Sessions Judge found all the appellants along with absconding Fazal Fakir guilty under section 302 read with section 149 and 307 read with section 149 and convicted them accordingly as stated hereinbefore. 31. Mr. BM Elias on behalf of the appellants submitted that t...... and others………………..…….....Appellants Vs. State………………………………………………………….Respondent Judgment January 28, 2003. Cases Referred to- Abdus Satter Vs. State, 46 DLR (AD) 239; State Vs. Roisuddin, 48 DLR 517; Rafiqul Islam Vs. S......ith section 149 and 307 read with section 149 and convicted them accordingly as stated hereinbefore. 31. Mr. BM Elias on behalf of the appellants submitted that the learned Sessions Judge erred in law in convicting the appellants under section 302 read with section 149 in the absence of any evide..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......erty in her favour. The prescribed authority, the Deputy Commissioner of Chittagong, held an enquiry, examined various documents and then found that the disputed house was not abandoned property and, accordingly, recommended to the Government by an order dated 30.7.75 to release the disputed house i...... Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. Lawyers Involved: MI Farooqui with M. Salem Ullah, Advocates ‑ For the Pe......a' list of abandoned properties vide notification in the Official Gazette which has already been referred to above. According to the petitioner, the above enlistment is absolutely illegal and without lawful authority as the disputed house does not answer to the description of abandoned property as d..

Category: Property Law | Date: | Hits: 75

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......ddin Sarker J Kazi Ebadul Hoque J Narendra Nath Biswas…………………Appellant. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhow......Chandra Biswas, learned Advocate appearing for the contesting defendant‑respondents, submitted that the execution and attestation of the will in question have not been proved as per requirements of law under section 63 of the Succession Act and sections 67 and 68 of the Evidence Act. He further su..

Category: Property Law | Date: | Hits: 78

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

....stant Judge did not take notice of this. He has failed to exercise his judicial discretion properly and has thereby committed an error of law resulting in error in his decision occasioning failure of justice, in not rejecting the plaint. The impugned order refusing to reject plaint of the suit is th......f the Articles of Association the office‑bearers and members of the Central Office and of the Branches are to be elected every two years and such elections are to be held by the Election Commission according to rules framed by the Samity. The result of election is to be announced at a meeting of a......�………………Petitioner Vs. Kazi Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moh......High Court upheld the order under which the leave was given after the framing of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of law in not bolding that the plaintiff would suffer irreparable injury if the part‑result of the el..

Category: Civil Law | Date: | Hits: 104

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ...... Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- Government of Bangladesh Vs. Basharatullah, 40 DLR 554. Lawyers Involved: Md. Matiar Ra......t is necessary to claim recovery of possession. Mr. Matiar Rahman the learned Advocate appearing for the appellant submits that the defendant‑respondents are not trespassers; rather by operation of law they treated the property as enemy/vested property. Now the Court declared that it is not enemy/..

Category: Property Law | Date: | Hits: 75

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

.... because he had not passed physics paper of BSC Part-I Examination. The petition impleading only principal and the state government was allowed on the ground of violation of the principles of natural justice. In the subsequent writ petition by the same student against order of the Registrar of Unive...... the judgment and order dated 10.8.2004 passed by the High Court in Writ Petition No.2746 of 2001) Judgment Surendra Kumar Sinha J. - These appeals, by leave, arise out of the same judgment and accordingly these appeals are disposed of analogously by this judgment. Points involved in these app......rs………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami and others…………….Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Lt......ne year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ pet..

Category: Property Law | Date: | Hits: 93

Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)

.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......f Criminal Procedure is misconceived. The High Court Division discharged the Rule on correct principle of law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) ......wyers Involved: Muhammad Nazrul Islam, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.267 of 2007. (From the judgment and order dated 25.03.2007 passed by the High Court ...... be ascertained only on evidence and therefore the petition under Section 561A of the Code of Criminal Procedure is misconceived. The High Court Division discharged the Rule on correct principle of law and we find no illegality in the judgment and order passed by the High Court Division and accord..

Category: Criminal Law | Date: | Hits: 85

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

.... sustained in law and whether the conviction and sentence has been passed on the basis of inadmissible evidence and that the impugned judgment and order, therefore, needs to be reviewed for ends of justice. 8. We have heard the learned Advocate for the appellant and perused the impugned judgmen......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......d Section 5 (2) of the Prevention of Corruption Act, 1947 passed by the Court of Divisional Special Judge, Chittagong dated 26-09-1999 in Special Case No.52 of 1994. 2. The appellant was sentenced to suffer rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six la......d judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial and as such the..

Category: Criminal Law | Date: | Hits: 89

Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417....... do not find any wrong or infirmity in the impugned order calling for our interference. In above facts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 4......Aziz J Abdul Alim Akondo..........................................Petitioner Vs. Government of Bangladesh and others ..............Respondents Judgment April 8, 2009. Case Referred to- Abdur Rahim Vs. Arifur Rahman and others, 6 BLT (HCD) 51. Lawyers Involved: S. N. Goswa......l Order No.3389 of 2008. Hence this leave petition. 4. Mr. S. N. Goswami, the learned Advocate, appearing for the petitioner, submits that the impugned judgment are based on total misconception of law and contrary to the evidence brought on record and the learned Single Judge of the High Court Di..

Category: Property Law | Date: | Hits: 61

Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)

....ision based on surmise, conjecture and extraneous circumstances for which the findings are liable to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in discharging the Rule without considering the materials on record. The learned Advocate-on......of law occasioning failure of justice in not holding that Section 47 of the Artha Rin Adalat Ain, 2003 has put an embargo on claiming interest more than 200% of the loan granted. In the instant case, according to plaint, the plaintiff sanctioned 3(three) lacs taka only as loan to the petitioner and,....... Abdul Matin J ABM Khairul Haque J Sreemoti Shipra Shaha.........................Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others................Respondents Judgment October 6, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record on behalf of Nurul Islam Bh......petitioner by the impugned order. 3. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is bad in law and fact; that the High Court Division based on surmise, conjecture and extraneous circumstances..

Category: Civil Law | Date: | Hits: 94

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