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State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ode inasmuch as there is no element there is no element of common object and of forming an unlawful assembly which caused the occurrence as alleged by the prosecution. Mr. Huq assails the findings of facts with regard to the place of occurrence, the time and manner in which such occurrence took plac......7.......ibi and in support of such alibi examined 14 witnesses which was disbelieved by the Court below. 11. The learned Additional Sessions Judge, Kishoreganj upon hearing the parties and considering the evidence on record found the accused‑appellants guilty under sections 302/149 and sentenced them a..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....itioner by a petition and ultimately on 11.3.84 the accused petitioner was present in Court and the learned Magistrate after hearing both the sides and on consideration of the relevant papers and the facts and circumstances of the case was pleased to frame charge against the accused petitioner under......€¦â€¦.………….Petitioner Vs. Mir Amanullah & others……………….Opposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involv......accused petitioner under section 427 of the Penal Code and the same was read over and explained to the accused petitioner who pleaded not guilty and claimed to be tried and then 27.3.84 was fixed for evidence, but on that date the accused petitioner was absent by a petition and no witness was presen..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....ine at TK. 1000.00(one thousand) he shall lose his service, all dependent members of the family will suffer untold misery. The eduÂcation and the career of the children will be ruined. 10. In the facts and circumstances of the case, we are of impressed by the said subÂmissions of the learned Co...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abul Hasnat Mohammad Mohsin ...........................Appellant Vs. Dilruba Aktar and another……………………………........Respondents Judgment June 4, 2009. Lawy...... Family Laws Ordinance, 1961. The learned Advocate-on-Record further subÂmitted that in the present case the comÂplainant-appellant herself admitted that no talaq took place and there is no further evidence at all on record to show that after pronouncement of talaq the respondent issued notice in ..Category: Family Law | Date: | Hits: 185
....temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temÂporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdul Motlib, was in possession of the sui......This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....side those dated 11.04.1991 passed by the Additional Assistant Judge, 3rd Court, Chittagong in Other Suit No. 66 of 1990 transposing the appellant, a defendant to the category of plaintiff. 2. The facts involved in case, in short, are that the plaintiff married thrice. His first and third wives d......ase is also Reported in: VIII ADC (2011) 297. ...... difÂferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....gainst the judgment and order dated 23.08.2001 passed by the High Court Division in First Appeal No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for t......vil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Salma Parveen...........................................Appellant Vs. Md. Amir Hossain and others………………………….Respondents Judgment March 18, 2009. Cases Referr......the Code of Civil Procedure. The learned Counsel further submitted that because of want of proper issue on the question of fact specifically pleaded had misled the parties in the matter of adducÂing evidence at the trial of the suit and consequent thereupon remand as provided for in Order XLI rule ..Category: Property Law | Date: | Hits: 112
....against the judgment and order dated 21.08.2007 passed by the High Court Division in Writ Petition No.7108 of 2007 summarily rejecting the application under Article 102 of the Constitution.
2. The facts of the case, in short, are that on 9th October, 2000, the appellant entered into a share purch......2011) 240.
......s strenuously submitÂted that unless the arbitration is incorpoÂrated in buy-back agreement the same could not be resolved in writ jurisdiction being the disputed question of fact to be resolved on evidence and should be decidÂed by the Court inasmuch as the buy-back agreement do not have any arb..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....c) Cr.P.C. by SCC Judge cannot stand as bar to the trial of the accused‑petitioners in the present case. 17. Mr. Abdul Malek, the learned Advocate for the informant submitted that in view if the facts that the FIR in the present case was filed against the accused‑petitioners on 13.1.1983; tha......bhu Nath Saha & others................Petitioners Vs. The State...........................................Opposite Party. Judgment November 21, 1989. Case Referred to- Sanmukhsingh and others Vs. The king, AIR 1950 PC 31. Lawyers Involved: Lutfor Ranman Mondal, Advocate ‑...... section 471, Section 475 or section 476 of the same Code when such offence is alleged to have been committed by a party to the proceeding in any Court in respect of any document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or some other Court t..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. .........................................Respondents (In Writ Petition No. 624 of 1974). Cholera Research Laboratory........................Petitioner Vs. Cholera Gobeshanagar Karma chari Union and others...................Respondents (In Writ Petition No. 102 of 1974). Md. lqbal………â€......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... Md. Abdul Haque, the learned Advocate for the respondent, argues that the finding on surrender of the raiyati of Madhu and Takim in the suit land and the finding on possession, being the findings of facts, concurrently made by the Courts below, this Court in the second appeal under section 100 C.P.......(two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......ssed by the learned Munsif. 6. Mr. Nizamuddin Haider, the learned Advocate for the appellants has taken me through pleadings, the impugned judgments of the Courts below and the documents and other evidence on record. It is admitted that the suit lands are recorded in the khatian No. 243 vide Ext...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consiÂderation of the evidence and other materials on record and facts and circumstances of the case rejected the Miscellaneous Case by order dated 31.5.83 on the gr......cate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned Subordinate Judge, Sera......rty filed another Miscellaneous Case under section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consiÂderation of the evidence and other materials on record and facts and circumstances of the case rejected the Miscella..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....den flash of rage, committed in the heat of passion and as such conviction under sections 302/149 is not called for, Mr. Huq also argues that the prosecution is also guilty of suppression of material facts and as such there is strong doubt as to the bonafide of the prosecution case. The accused‑ap...... This Case is also Reported in: 43 DLR (1991) 633. ......bi and in support of such alibi examined 14 witnesses which was disbelieved by the Court below. 11. The learned Additional Sessions Judge, Kishoreganj, upon hearing the parties and considering the evidence on record found the accused‑ appellants guilty under sections 302/149 and sentenced them ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd another reported in AIR 1975 (Allahabad) 373 in support of his contention. 12. Before entering into the discussions of the contentions raised by the learned Advocates there are certain admitted facts which need to be mentioned: That the respondent married the appellant on 1-2‑62, that the......pondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. L......s book of accounts. He denied that he did not give any money to the appellant. 9. The learned Subordinate Judge took up all the three issues together for consideration; and on consideration of the evidence found that by the letter of authority, Ext. 1 the appellant gave licence to respondent to c..Category: Property Law | Date: | Hits: 110
....tee upto 30.6.82. It further appears that no Bank Guarantee was extended as the Bank Guarantee in question was already cancelled after the impugned order and before order of stay.
13. In the above facts and circumstances the attached vessel in question having left the jurisÂdiction of the Court ......ussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Bangla Jalpari Lines (Pvt) Ltd.................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
P......e ship.
7. Both the parties examined only one witness each in support of their respective case and filed documents which were marked exhibits. After considering the oral as well as the documentary evidence the Court below came to the following conclusions:
"So the charter party in question tha..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....endent witness. Further it was observed that there is no other witness who could see the occurrence. So the background of that case for refusing to direct re‑trial was completely different from the facts and circumstances of the present case. In this case nothing was mentioned about the defect of ......oint of law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Special Tribunal upon taking cognizance of offences under section 25B of the Special Powers Act and also under section 156(1)(8) of the Customs Act and upon framing accusation against them under t......ted in 12 DLR page 100. In this decision a Division Bench of the High Court Division held that re‑trial is not and should not be treated as a method for enabling the prosecution to improve upon the evidence which was led at the original trial nor should it be resorted to for giving the prosecution..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....under section 5 of the Limitation Act, the fact would remain that the private individual had to make up their own mind only and had to arrange his own fund and is normally presumed to be aware of the facts and aspects of the case while in the case of Government public interest has to be duly conside......) Present: Anwarul Hoque Chowdhury J Kazi Ebadul Hoque J Anu Bala....................................................................Petitioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to...... took lease of some portion of the said as vested property and he is in possession of his leased out property. 5. The Court below on a careful consideration of the pleadings of the parties and the evidence on record decreed the suit vide judgment and order dated 30.8.89 and the decree was signed ..Category: Limitation Law | Date: | Hits: 192
.... yet been paid. When the application was filed, the outstanding dues was Tk. 7 lacs and odd out of which they paid Taka 5 lacs, even then there was outstanding of Taka 2 lacs and odd.
13. From the facts and circumstances of the case and the materials on record, it appears that though the responde......eeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....rly the decision in the case of Province of East Bengal Vs. Bakergonj Central Co‑operative Sales and Supply Society Ltd., reported in 12 DLR (Dacca) at page 219. 7. In that case under report the facts were that as Famine conditions were prevailing, the Society was supplying food stuff at contro......s also Reported in: 43 DLR (1991) 593. ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....arned Subordinate Judge and submits that the learned Subordinate Judge has committed serious error of law in disallowing the Misc. Case by the impugned order without applying his judicial mind to the facts and circumstances of the case and the relevant provisions of law namely Order XLVII rule 1 of ...... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Afsar (Md.).................................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- ......ferred- (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be pr..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....e case of Rafiqul Alam Vs. Mostafia Kamal and others reported in 42 DLR (AD) at page 137 the Appellate Division of this Court had finally decided this matter when their Lordships had held, on similar facts, that an election includes the whole election process passing through several stages to the fi........Opposite Party. Judgment November 18, 1990. Case Referred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advo......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..Category: Election Law | Date: | Hits: 156
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