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Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......k of the police line. Similarly, P.W.6 also stated that they went their by police truck. We have already noticed that the defence suggested that the informant party did not at all go to the place. In view of the aforesaid discussions it appears that the witnesses P.Ws. 4-8 even did not corroborate e..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......the allegations made against appellant No.1 are not specific. In the concluding portion of the ejaher there are specific allegations of physical assault on the victim only against appellant No. 2. In view of absence of any specific allegation against appellant No. 1 in the ejahar, we hold that the l..Category: Criminal Law | Date: | Hits: 55
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ansmitted long before on 3.3.05 to the trial court for trial but till now not a single witness has been examined in this case and there is no certainty as to when the trial will be commenced, in that view of the matter since the petitioner is in custody without trial since long and the trial is dela..Category: Criminal Law | Date: | Hits: 50
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ...... should be disposed of on merit to meet the ends of justice. 6. On the other hand Mrs. Nowazish Ara Begum, the learned Assistant Attorney General appearing for the opposite parties submits that in view of article 42 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 the suit..Category: Property Law | Date: | Hits: 58
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......s the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
.... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......oses the prayer for bail. 8. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 9. In view of the submission of the learned advocate for the appellant to the effect that the prosecution ..Category: Criminal Law | Date: | Hits: 64
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......ing for the appellants submits that this is absolutely a case of no evidence and the prosecution has failed to prove the charge by adducing any corroborative evidence of the prosecution witnesses, in view of the matter since the appellants were convicted on mere surmises and conjecture and they are ..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......¦°à¦•à§à¦·à¦¾à¦° অধিকার পà§à¦°à§Ÿà§‹à¦— করিতে গিয়া গরৠ(ছেড়া) শমসের আলী (২) টেমনাই মারা যায়।†21. In view of the fact there are 2 dead bodies lying on the place of occurrence, one Taher Ali and Shamsur..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......t get any chain of continuity and the prosecution has totally failed to connect the appellant with the alleged occurrence and the last seen theory was not been established in this case. 36. In all view of the matter, we found that the trial court convicted the appellant on mere surmises and conje..Category: Criminal Law | Date: | Hits: 52
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......ich do not trace their title back to the original owner. Moreover, the disputed questions of title and facts are involved in this case which cannot be dealt with under the summary jurisdiction. In view of the above, we find no subÂstance in the submissions of the learned Counsel for the petition..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any subÂstance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......tion in the record as to why they did not appear before the Court and there is also no material available to show that they died during the pendency of the suit before the Trial Court and as such, in view of the absence of the principal Ahmed Newaz Bhuiyan and the attorney Safiuddin Bhuiyan before t..Category: Property Law | Date: | Hits: 61
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordÂingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......s a tax and liable to be adjusted as drawback against export of the goods, service or foods manufactured and/or produced out of the imported raw materials on payment of the said surcharge. In that view of the matter, we find no substance in these petitions and accordÂingly those are dismissed. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ...... in a writ petition. After the acquisition of the propÂerty the Government may at any time before payment of the compensation withÂdraw from acquisition of such property by notification and in that view of the matter, the writ petition is misconceived one. What is more, since other co-sharers of t..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....earned trial Court did not duly consider the evidence on record and thereby arrived at a wrong finding that the said gift was not valid. 8. Arifur Rahman has urged that the learned trial Court has erroneously found that the aforesaid unregistered deed or gift is a forged one, by comparing himself......said that the burden of proof lies on that person.†21. Section 101 of the Evidence Act clearly states that the burden of proof lies on the person who asserts that a fact exists and exactly that view has been taken by the Hon’ble Court in the aforesaid case reported in 39 DLR 290. 22. The ..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......or specific performance of contract. It has been stated in the plaint and the specific case of the plaintiffs is that the sale was to be effected within two months from the date of agreement. In that view of the matter, the time limit has become essence of the contract in this suit. So, the suit hav..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......equently when he came to know that the accused petitioner Nos. 2 and 3 are actually not the owners, he demanded for refund of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the order passed under section 202 of the Criminal Procedure Code. The Enquiry Officer in hi..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......emo No. BRPD(P)651/9(4)Kha/99-1575 dated 17-11-1999 in violation of its own circular No.07 dated 05-08-1999 and BCD Circular No.98 dated 11-12-1995. Therefore, the said letter should be cancelled. In view of Clause (2) of Circular No.07 dated 05-08-1999 the period of the existing reschedulement can ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ...... Court Division under Article 102 of the Constitution which is of discretionary nature cannot be allowed to be utilized for enforcing an obligation in departure from the terms of the agreement. In view of the above, we find no subÂstance in the submissions of the learned Counsel for the petition..Category: Others | Date: | Hits: 118
Anti-Corruption CommiÂssion Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......) of the ACC Act, 2004. Accordingly, lodging of FIR, taking cognizance, initiation of criminal proceedings against the writ-petitioners are unwarrantÂed, unauthorized and without jurisdiction. In view of the above, we find no substance in the submissions of the learned Advocate for the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 86
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petiÂtion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... 31 DLR (AD) 323. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate..Category: Property Law | Date: | Hits: 80
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