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Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....ced test transmission violating the terms and therefore, the respondent No.1 had legally issued the impugned orders. 5. The High Court Division upon hearing the parties and on consideration of the facts and circumstances of the matter observed "along with the licenses under the Telegraph Act, 188...... Reported in: VIII ADC (2011) 141. ......¿à¦†à¦°à¦¸à¦¿/à¦à¦¸,à¦à¦®/৩-২৪/০২ পারà§à¦Ÿ-১/২০০৮/২৫à§-২০৬১ dated 19.11.2009 (PB/p176) and the seizure of the machinery and equipment of the petiÂtioners as evidenced by the seizure list also dated 19.11.2009 (PB/p177) are each legal and valid." Security..Category: Information Technology Law | Date: | Hits: 585
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....considered along with the medical evidence it is clear that there is no evidence whatsoever of any assault by the accused-respondent leading to existence of hematoma. He further submits that from the facts and circumstances disclosed from the evidence it appears that the defence case was more probab......ndent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section 417(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 a......s from the cross-examination of the witnesses, is that of absolute innocence of the accused and that the deceased died of poison. 2. During trial prosecution produced 26 witnesses. After recording evidence the trial Court examined the accused under section 342 Cr.P.C. to which she pleaded again h..Category: Criminal Law | Date: | Hits: 60
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614........
This Case is also Reported in: 52 DLR (2000) 614.......permission was not necessary for filing a suit in a representative capacity. The objection regarding locus standi of the plaintiff or whether there was any cause of action for the suit are matters of evidence to be decided in the suit. The defendant-petitioners are at liberty to agitate those questi..
Category: Civil Law | Date: | Hits: 94
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......inistry of Home Affairs. On the basis of this letter, the investigating-officer after investigation, submitted charge-sheet on 30-4-92 against other accused under different sections of the Penal Code and against the present petitioner under section 186 of the Penal Code. 3. Mr. Mahbubur Rahman, t......ng against the petitioner under section 186 of the Penal Code. Even if there is any statement of the Superintendent of Police to the effect that he received a telephonic call from the petitioner such evidence cannot be basis of implicating the petitioner in the case because the identity of the calle..Category: Criminal Law | Date: | Hits: 58
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....96 of the State Acquisition and Tenancy Act allowed the appeal with costs and the order allowing pre-emption was set aside and thus the application for pre-emption was dismissed. 8. In view of the facts, circumstances, the material on records and the decision reported in 35 DLR (AD) 230 referred ...... Case is also Reported in: 52 DLR (2000) 609. ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y 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: ......Court, Jhenidah. 2. Facts for disposal of the rule are that Mst. Anjira Khatun lodged an FIR with the Jhenidaha Police Station on 12.2.10 accusing unknown persons alleging inter alia, that her husband is a van driver; on 10.2.10 he returned to home at about 10.00 p.m. after finishing his work and......y 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: ..Category: Criminal Law | Date: | Hits: 56
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y 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: ...... duty at Faridpur at town area at about 11.00 to 11.30 hours bomb was blasted in the eastern side of Sarket house, Judge Court, premises Sonali Bank, Court Building Branch, in front of Yeasin College and in all place of occurrence a huge of number of leaf let was found wherein it was written that in......r attention to the confessional statement of the petitioner submits that although in this case by this time 26 P.W.s. have been examined save and except the confessional statement there is no iota of evidence against the petitioner and none of the P.Ws have disclosed the name of the petitioner and o..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....dge, 1st Commercial Court, Dhaka, Mr. Md. Amirul Islam, who upon hearing the parties and examining the evidence on record came to the finding that the learned trial Judge upon mis-appreciation of the facts and circumstances of the case and upon misapplying the law decreed the suit and accordingly th......, Son of Late Kafiluddin of village-Nababerchar, P.S. Keraniganj, District Dhaka…………….Defendant-Appellant-Opposite Party Judgment March 7, 2010. Cases Referred To- Abdus Sattar and other Vs. Abdul Halim and others 50 DLR (AD) 6; Noor Mohammad Khan and others Vs. The Government......ts in order to prove their respective claim in the suit. 8. The learned trial Judge Mr. Md. Borhanuddin Ahmed, being Senior Assistant Judge, Keranigonj upon hearing the argument and examining the evidence, both the oral and documentary, found that the plaintiffs successfully proved their case an..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....awful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for the disposal of the Rule are as follows: The petitioner Rupali Bank Ltd. is a nationali......rt Dhaka & another………………Respondents Judgment July 25, 1999. Cases Referred To- Management Board, AR Howlader Jute Mills Ltd. Madaripur Vs. Chairman of the 1st Labour Court and others, 28 DLR 368; Deputy Managing Director, National Bank of Pakistan, Dacca and another Vs. K......unt and the borrowers used to bear the pay and allowances of the respondents. 6. The respondents No.1 i.e. the 2nd Labour Court Dhaka after considering the facts and circumstances of the cases and evidence on record allowed the aforementioned complaint cases filed by the respondent No.2 on contes..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....gation of the case. He was arrested after submission of charge sheet against him…… There was apparently no question of discharge of the appellant from custody or from the case (para 4).†The facts of this case are almost similar with the facts of that case. In that case, police after invest......y Judgment June 29, 2000. Cases Referred To- Abdur Rahman Vs. State, 29 DLR (SC) 256; Abul Hossain Sana Vs. State, 14 DLR (SC) 96; Pir Badsha Vs. State, 15 DLR (SC) 55; Abdus Salam Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. ......y order on the prayer of the Investigating Officer. An order stopping further proceeding under this provision does not operate as an order of discharge. In this case Police having found no sufficient evidence submitted final report with a prayer for discharge of accused and the Magistrate accepted t..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....vidence we have stated the contradictions in the evidence of the witnesses as to the manner of the alleged occurrence. It appears that the tribunal passed impugned judgment disregarding the aforesaid facts and circumstances including contradictions in the evidence of the witnesses and thus passed th......ppeal No. 525 of 1991. Judgment Amirul Kabir Chowdhury J.- This appeal at the instance of the accused-appellant preferred under section 30 of the Special Powers Act, 1974 arises out of judgment and order dated 27-4-1991 passed in Special Tribunal Case No.59/1990 by the learned Additional Sessi...... examined under section 342 of the Code of Criminal Procedure to which he reiterated his plea of innocence. He further stated his signature was obtained by force. He, of course, refused to adduce any evidence. 13. Thereafter the Tribunal passed the impugned judgment and order as already stated ab..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: ......gree. Ed. This Case is also Reported in: ...... 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: ..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: ......the Penal Code, now pending in the Court of Additional Session Judge, Court No. 1 Naogaon. 2. Facts for disposal of the rule are that one Mst. Maleka lodged an FIR on 12.5.03 alleging that her husband Abu Hossain @ Sajjad while was engaged his fish business in the evening at about 7.30 on 11.5.03...... 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: ..Category: Criminal Law | Date: | Hits: 50
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....and by deploying police force on 25.1.1998 giving rise to the suit for perpetual injunction. 3. The defendants were contesting the suit by filing two sets of written statement denying the material facts of the plaint contending inter alia, that the suit land had been acquisitioned as per provisio......te a copy of this judgment at once. Ed. This Case is also Reported in: ......Acquisition and Requisition of Immovable Property Ordinance, 1982 the suit itself is not maintainable. This is the settled principle of law that the plaintiffs are to prove their own case by adducing evidence oral and documentary, she argues. If the defendants fail to produce any documents in suppor..Category: Property Law | Date: | Hits: 58
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: ......I agree. Ed. This Case is also Reported in: ...... 10. Being aggrieved there against the appellants preferred the instant 2(two) separate appeals. 11. The learned advocate appearing 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 o..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: ......the appellant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 3412 of 2008. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 26.07.2007 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Ses......veled against them. 8. Being aggrieved there against the appellant preferred the instant appeal. 9. The learned advocate appearing for the appellant submits that this is absolutely a case of no evidence and the trial court convicted the appellant only on relying upon P.W.1 the informant but on..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: ......the appellant. Bashir Ahmed, Assistant Attorney General -For the respondent. Criminal Appeal No. 1600 of 2007. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 28.02.2007 passed by the learned Sessions Judge, Barisal in Sessions Case No.108 of ......rred the instant appeal. 10. The learned advocate appearing for the appellant on drawing our attention to the deposition of the witnesses and the impugned judgment submits that there is no iota of evidence against the appellant and the appellant is simply been convicted only on unproved circumsta..Category: Criminal Law | Date: | Hits: 52
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....nst the judgment and order dated the 20th day of April, 2008 passed by the High Court Division in Writ Petition No.2597 of 2008 summarily rejecting the application without issuing the Rule. 2. The facts involved in the case, in short, are that the properties in C.S. Khatian No.26, C.S. Plot No. 1...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mohiuddin Mollah and others .............Petitioners (In Civil Petition No. 1360 of 2009) Golam Mouwla and othersâ......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. ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rned Joint District Judge, 5th Court, Dhaka, dismissing the Title Suit No. 134 of 2000 filed by the petitioner hereof as plaintiff praying for a decree for Specific Performance of Contract. 2. The facts relevant for the purpose of disÂposal of the application are that the plainÂtiff filed the T......Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Aleya Begum and others ………………………………Petitioners Vs. Rahima Begum and others ............. and the defendant No.2 examined one witness but Safiuddin Bhuiyan, the attorney holder, did not adduce any witness. 3. On consideration of the facts and circumÂstances of the case, materials and evidence on record and the submissions of the learned Advocates of the contesting parties, the Trial..Category: Property Law | Date: | Hits: 61
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....2007 passed by the High Court Division in Writ Petition No.11142 of 2006 and Writ Petition No.11139 of 2006) Judgment ABM Khairul Haque J. - These are petiÂtions for leave to appeal. 2. The facts leading to the filing of these petitions, in brief, are that the respondent-company, in course......I ADC (2011) 132. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
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