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Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....le Suit No.226 of 1985 of the Court of Assistant Judge, 2nd Court, Dhaka against an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.22......ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ......nature and character of the suit and the amendment sought for will clearly describe the suit plot and their Lordships have further observed that the amendment sought at a preliminary stage before any evidence has been led. It appears from the record that written statement has already been filed and ..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....0.2.88. It appears that on that day out of the total 1631 voters, 1600 voters exercised their right of franchise. Obviously, therefore, there was sufficient Publication of the notice. So, judging the facts of the case in the light of the principle laid down in the above‑mentioned case I am of opin......asem Talukder...............Petitioner Vs. Shamsul Hoque Shawdagar…………………Opposite Parties Judgment May 20, 1991. Case Referred To- Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180. Lawyers Involved: M Faruque, Advocate ‑ For the Petitioner. ......fresh election at that centre. He did not accept the view of the Election Tribunal that the election at the different centres was not fair, as in his opinion, the said finding was not based on cogent evidence. The learned Judge, however, concurred with its view that the splitting up of Chinamura cen..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....he appellant in this case in collusion with the police officer. In his statement under section 342 Cr.P.C. the appellant also did not state anything except that he was not guilty. 15. In the above facts and circumstances, we find nothing to disbelieve the evidence of P.W.2 who is an independent a...... For the State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribuna......e prosecution witnesses, other materials on record and the impugned judgment. The learned Advocate for the appellant submitted that the appellant has been falsely implicated in this case. There is no evidence of recovery of arms and ammunition from the Possession of the appellant, Evidence of the P...Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....he Court is always to act judicially and not capriciously. It cannot be said that this Court will be acting not judicially but capriciously in the event of granting stay order. It seems to us, in the facts and circumstances of this case, that no adverse affect in financial administration will occur ......ioner of Taxes (East Zone) presently Taxes Zone 3, Dhaka……………….Respondent-Opposite Party Judgment October 29, 1992. Cases Referred To- Puran Mat Kauntia Vs. Income Tax Officer and others, 98 ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222;...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....e CJ.- This petition is against the Order dated 8-6-10, granting anticipatory bail to the accused-respondents by the High Court Division, in Criminal Miscellaneous Case No. 17892 of 2010. 2. The facts as alleged in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, w......Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- L......sed that when the Court of Section or the High Court is granting anticipatory bail, it is granted at a stage when the investigation is incomplete and, therefore, it is no informed about the nature of evidence against the alleged offender. It is, therefore, necessary that such anticipatory bail order..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....0 of 1977 affirming the judgment and decree dated 30.4.77 and 9.5.77 respectively passed by the Munsif, 1st Court, Kushtia in Title Suit No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brough......83.......ubmits that the learned Court of appeal below erred in law in his decision occasioning failure of justice in not holding that according to the provision of sections 91 and 92 of the Evidence Act oral evidence is inadmissible to alter or contradict the contents of a registered instrument. 7. No on..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181............................Appellant Vs. Hari Pada Parial & others............Respondents. Judgment July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; P......ndant Nos. 1 and 3 again was decreed ex parte on March 13, 1075. The present appellant preferred Other Appeal No. 122 of 1977 against the decree of the Trial Court. 4. The lower Appellate Court on evidence on record held that the plaintiff purchased 8 annas share of Anath Baran and Nirode Baran o..Category: Property Law | Date: | Hits: 69
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....f the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6469 of 2008 making the Rule absolute. 2. The facts of the case, in brief, are that the writ petitioner-respondent No.1 after completion of B.Sc. ......nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....lling upon the opposite parties No. 1 to 4 to show cause as to why the Order No. 47 dated 20.9.86 passed by the learned Munsif, Bhaluka in OC Suit No. 180 of 1995 should not be set aside. 2. Short facts leading to the rule are: The petitioners as plaintiffs instituted a suit bearing OC Suit No...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Zahir Sheikh.......................................Petitioner Vs. Md. Yakub Ali and others......................Opposite Parties. Judgment January 3, 1990. Lawyers Involve......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....possible for the Tribunal to trace it out and connect the same with the case before it and accordingly held that the deposit was not in compliance With the Rules. That case is thus distinguishable on facts from the case before me. In view of the above, I find no substance in this Rule. The Rul......urt Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- ......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....evidence on the side of the prosecution to prove the participation of the appellants in the occurrence which resulted in the murder or Asak Ali. 16. In consideration of the evidence on record, the facts and circumstances of the case as detailed above, we are of the view that prosecution has not b...... This Case is also Reported in: 43 DLR (1991) 163. ......uted that Asak Ali was murdered on 26th Chaitra, 1381 BS but according to defence plea he was murdered by persons other, than the appellants elsewhere in the darkness of night. Let us now examine the evidence to find out if the prosecution has been able to prove the charge against the appellants bey..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... recital raises any objection there for. Here the defendant No. 1 who is the executant of the kabala, exhibit‑2 did not challenge its execution on the date it is said to have been executed, but the facts remain that the Appellate Court below has not disbelieved the solenama, exhibit‑4 which was ......presented ‑ the Opposite Party. Civil Revision No. 313 of 1980. Judgment Mohammad Abdur Rouf J . - This Rule, at the instance of the plaintiff‑petitioner is directed against the judgment and decree dated 18.9.79 passed by Mr. Md. Aftabuddin, Subordinate Judge, Additional Court, Noakhali......atian No. 503. The kabala said to have been executed by defendant Nos. 1 and 2 in favour of the defendant No. 1 named Broshi Debi which was registered on 25.4.74, exhibit 'Kha'. 6. Considering the evidence on record the Trial Court upon believing the evidence of PWs decreed the suit against defen..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....ral submits that the formation of opinion of the Government in the exercise of its authority under section 13A of the Ordinance cannot be said was the product of non‑application of its mind, in the facts and circumstance of the case. 7. The learned Deputy Attorney‑General, however, frankly co......amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... proposed commercial building. It is, therefore, clear that the petitioner is the owner of the said property to the extent of her ‑/12/‑ annas share which is not abandoned property in view of the facts that she is a national of Bangladesh confirmed by the Ministry of Home Affairs. It also transp......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ......encement of this order. (3) On receiving an application under clause (2) the authority to which the application is made shall hold a summary inquiry in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons thereof for rejecting the appl..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....Court has no exclusive jurisdiction in the matter ousting the jurisdiction of the Magistrate 1st Class. Referring to the decision reported in 1985 BLD (AD) 278 the learned Advocate submitted that the facts of that case is clearly distinguishable and cannot be applied in the present case. 5. To ap...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kal......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137...Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ave to appeal before this Court. 6. Mr. Mansur Habib, the learned Advocate appearing on behalf of the petitioner submits that the learned Judges of the High Court Division failed to appreciate the facts and circumstances of this case in its true perspective as a result of which there has been ser...... (2011) 103, 16 BLC (2011) 96. ......y the plaintiff-petitioner is at Moulvibazar whereas Money Suit No.21 of 2006 filed by the defendant No.1 New Sagurnal Teal Co. represented by its Chairman is shown to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....llant Sohel. From the judgment of the trial Court it appears that except this confessional statement of the accused-appellant Sohel @ Sanaullah there are other sufficient incriminating evidence and facts and circumstances in support of the involvement of this accused-appellant in the murders of ......cord—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along......cution examined 8(eight) witnesses in order to prove the charge against the accused persons. These witnesses were cross-examined on behalf of the accused persons present in dock. After closing of evidence of the prosecution the accused persons present were examined under section 342 of the Code ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
.... (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the following facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned S......der, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Ju......nefit of doubt. 6. Leave was granted to consider whether the High Court Division is justified in giving the accused-respondents the benefit of doubt despite the fact that there are corroborating evidence adduced by PWs 2, 3, 4, 5, 9 and 13. 7. There is no doubt that P.W.s 2, 3, 4, 5 and 9 ar..Category: Criminal Law | Date: | Hits: 90
....ecision in the case of R Vs. Chief Constable of the Merseyside Police, ex parte Calveley and others reported in (1986) 1 All England Law Reports 257 wherein the Court of Appeal held in the particular facts and circumstances of that case that failure to notify the appellant in accordance with regulat......sain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Abdul Hannan Khan (Md.)................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sam......মাকে সন্দেহ দেখাইয়াছেন। কখনও কোন প্রকার অভিযোগ করেন নাই।”
Malice in fact is to be established by evidence if it is alleged. The question of malice in fact is to be established by evidence. The peti..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ce. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......istrate on 25.10.86 who framed charge against them under sections 148/448/379 of the Code of which they pleaded not guilty and prayed to be tried. 4. The learned Magistrate on consideration of the evidence on record convicted the accused persons under sections 448 and 379 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 73
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