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Alamgir and others Vs. State, 2010, 39 CLC (AD)
....ent Md. Abdul Matin J. - This review petition is directed against the judgment and order dated 11.08.2008 passed by this Division in Criminal Petition for Leave to Appeal No.138 of 2008. 2. The facts of the case are that one Mosammat Rehena Akter alias Rumi lodged First Information Report with......: VIII ADC (2011) 244. ....... Heard the learned Advocate appearing for the petitioners and perused the petition and the impugned judgment and other papers on record. 10. It appears that the High Court Division considered the evidence of P.W.1 the informant, the wife of the deceased and further considered that she has been c..Category: Criminal Law | Date: | Hits: 59
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....h Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page No.9762(9) under the provisions of Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985). 2. The facts involved in the case, in short, are that the appellant, Mohammad Abdul Alim alleged to have pu......mad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. Lawyers Involved: K...... the continuance of the property as abandoned is not maintainÂable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233...Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....the respondents and perused the writ petition, the annexures annexed thereto and the impugned judgÂment. Learned Deputy Attorney General submitted that the writ petitioners by supÂpressing material facts filed the writ petiÂtion and the High Court Division without application of judicial mind mad...... Md. Muzammel Hossain J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, repÂresented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others ................Petitioners Vs. Md. Tarikh-ul-Islam and others ..........................e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ..Category: Employment/Service Law | Date: | Hits: 58
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....7 of 1996 allowing the appeal reversing the judgment and decree dated 12.08.1996 passed by the learned Subordinate Judge, 4th Court, Khulna in Title Suit No.173 of 1994 dismissing the suit. 2. The facts, in short, are that the responÂdent Nos.1 and 2 as plaintiffs instituted a Title Suit being N......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Peti...... revisional application bearing No.244 of 1988 before the learned Sessions Judge, Khulna. The said revisional case was dismissed on the finding that unless the matter is decided by the civil court on evidence proper adjuÂdication cannot be made. Thereafter, the plaintiffs and his brothers filed T.S..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement withÂin 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......in: VIII ADC (2011) 206.......ners of Section 397 by referring to the said annual return on capital in his complaint petition and, hence, it would remain open to the Court below to ascerÂtain through examination of witnesses and evidence, whether the allegation of false statement in the annual return of the comÂpany's capital ..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
.... supports the judgment of the High Court Division. 7. We have perused the writ petition and other connected papers and heard the petiÂtioner in person and Mrs. Tania Amir. On consideration of the facts and circumÂstances of the matter, we find merit in this point. Leave is therefore, granted to......que CJ Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Ok-Kyung Oh……………………………………………................Petitioner Vs. Tea Hung Packaging (BD) Limited and others ...............Respondents Order November 8, 2010. Lawyers Involved: M/s. Ok-......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...Category: Company Law | Date: | Hits: 175
Md. Mahfuzul Haque Vs. Bangladesh, 2008, 37 CLC (AD)
....tition for leave to appeal is directed against the judgment and order dated 25th September, 2007 passed by the High Court Division in Civil Revision No. 2790 of 1999 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 344 of 1994 in the Court of Joint District Ju......zul Islam J Md. Abdul Matin J Md. Mahfuzul Haque........................................Petitioner Vs. The People's Republic of Bangladesh represented by the Deputy Commissioner, Satkhira and others.............................................................Respondents Judgment Ju......on consideration of the materials on record observed that the application filed by the defendant was a misconceived one, inasmuch as, the application ought to have been for expunging a portion of the evidence of P.W.5 Anjali Bala Dasi on the grounds mentioned in the application. The High Court Divis..Category: Others | Date: | Hits: 147
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....his petition for leave to appeal is directed against the judgment and order dated 20th May, 2007 passed by the High Court Division in Civil Revision No. 2407 of 2005 discharging the Rule. 2. Short facts are that the opposite party as plaintiffs instituted Title Suit No. 284 of 1979 impleading the......tion is dismissed. Ed. This Case is also Reported in: ......e appellate Court dismissed the appeal. 5. The High Court Division on consideration of the material on record held that "The learned Additional District Judge considered both oral and documentary evidence and concurred with the finding of the trial Court that the plaintiffs have succeeded in pro..Category: Property Law | Date: | Hits: 69
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....n CJ. - This appeal, by leave, is directed against the judgment and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No.41 of 1997 rejecting the Memo of Appeal. 2. Short facts are that the respondents as plaintiff instituted the aforesaid Title Suit No.10 of 1995 in the....... Ed. This Case is also Reported in: Â ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: Â ..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....igh Court Division is thus liable to be set aside and the further submission that the High Court Division in summary proceeding under Article 02 of the Constitution decided the disputed question of facts regarding making of award for compensation which is not possible and having bar under Section ......rted in: ......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....que, Advocates ‑ For the Opposite Party. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question cle......ent: Bimalendu Bikash Roy Choudhury J M/s. Golden Biscuit Co.....................Petitioner Vs. AL‑Haj Rafique Mia...................Opposite Party (In Civil Revision No.674 of 1990) and Al‑Haj Mir Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) ......osit is made within a fortnight of the receipt of the undelivered rent sent through the postal authorities. 7. The underlying object of this provision is to enable the tenants to fall back on the evidence of tender as keep by the Rent Controller's office for the purpose of the subsequent determi..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
.... circumstantial evidence motive is an important factor. Furthermore, if motive is suggested in any case by the prosecution it accepts the burden to discharge it making it a plausible one. Thus in the facts and circumstances and evidence on record alone without being aided by any further material in ......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others......are liable to be punished under the said section. Now we are to see whether the prosecution has been able to prove the charge under sections 302/34 of the Penal Code against the appellant by adducing evidence and also whether the judgment and order of conviction and sentence passed by the trial Cour..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....case. 6. Prosecution examined 13 witnesses including doctor and police personnel but defence examined none. 7. The learned Additional Sessions Judge on consideration of the, evidence on record, facts and circumstances and probability of the case carne to finding that guilt has been brought hom......te. Criminal Appeal No. 160 of 1984. Judgment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur i...... implicated in this case. 6. Prosecution examined 13 witnesses including doctor and police personnel but defence examined none. 7. The learned Additional Sessions Judge on consideration of the, evidence on record, facts and circumstances and probability of the case carne to finding that guilt ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....hile enacting this Act the parliament has overlooked the Articles 27, 29 (1) (2), 31 and 40 of the Constitution and thereby violated the fundamental rights of the petitioners. Having regard to the facts and the laws, the section 3 of the Bangladesh Telegraph and Telephone (Amendment) Act, 2009 Ac......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....c ingredients, and keeping in view the above distinguishing features and ingredients of the offence under Section 326A of the Penal Code, if we examine, in the light of the evidence on record and the facts of the case, the propriety and legality of the impugned judgment, we cannot but hold that the ......ul Karim, Assistant Attorney General -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by learned Ad......hurl acid. Therefore, the appellant is entitled to have benefit of doubt. 6. The learned Assistant Attorney General appearing for the respondent opposes the appeal and submits that considering the evidence on record the Court below rightly convicted the accused which calls for no interference by ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
....ellants had enmity with the informant party and once they threatened to kill the informant and the members of his family which was heard by P.W.4 while he was passing beside their house and all these facts, supported by evidence adduced by the prosecution, are sufficient to prove that the convict-ap......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-For the State. Criminal Appeal No.2136 ...... of enmity and that Hablu died by falling into water of the Beel and his dead body was eaten up by birds and beasts. 5. The learned Sessions Judge having heard both the parties and considered the evidence adduced by them passed the impugned judgment and order convicting and sentencing the appell..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
.... by her in favour of the defendant‑petitioner along with some other LTIs of the said Nihar Bala appearing in some other documents filed in the Court in connection with the present suit. 2. Short facts relevant for disposal of the Rule are as follows: On 16.8.88 the plaintiff opposite party N...... Reported in: 45 DLR (HCD) (1993) 169. ......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... present petitioner also examined himself as O.P.W.1 and the Process server one Jamal Ahmed as O.P.W.2 in support of his case. The learned Munsif after hearing the parties and on consideration of the facts and circumstances of the case and evidence on record came to a finding that the summons in Oth......LR (HCD) (1993) 164. ......ts entered appearance to contest the suit; hence, the same was taken up for hearing ex parte on 29.10.81. Accordingly the learned Munsif examined the plaintiff‑ petitioner on oath and admitted into evidence some documents filed by the plaintiff and thereafter on consideration of the same decreed t..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....rity and to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. i...... (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd..…..............Petitioner Vs. Chairman, Labour Court, Chittagong and another....................Respondents Judgment April 28, 1992. Cases Referred To- P......ecord of service of respondent No.2 which was unsatisfactory, dismissed him from service by letter dated 29.5.84. The complaint case was heard by the Labour Court and in the course of hearing no oral evidence of die petitioner was recorded and the papers filed by the parties were taken on record as ..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....dvocate appearing for the defendant‑petitioners, firstly submits that the learned Subordinate Judge, has committed error of law resulting in an error in the decision due to misconception of law and facts which has resulted in failure of justice. Hence the impugned order should be set aside so far ......d Ansar Ali J Moyezuddin Mondal...............Petitioner Vs. Bena Rani Das & others.................Opposite Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; F......against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts relevant for disposal of the Rule may briefly ..Category: Procedural Law | Date: | Hits: 76
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