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Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....om the defendants-petitioners-opposite parties (hereinafter referred to as opposite parties). 3. The opposite parties contested the suit by way of presenting written statement denying all material facts in issue and prayed for dismissing the suit. 4. The instant money suit being Money Suit No.......Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Nurul Haque Sarker………………………………..Petitioner Vs. Janata Bank and others………………………….Opposite Parties. Judgment July 30, 2006. Lawyers ...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....did not turn up to place the contention of the defendant before the Court but the case, as it appears from the revisional application, is that the learned appellate Court below failed to consider the facts and evidence of the defendant while affirming the judgment and decree passed by the Family Cou......on No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of......rn up to place the contention of the defendant before the Court but the case, as it appears from the revisional application, is that the learned appellate Court below failed to consider the facts and evidence of the defendant while affirming the judgment and decree passed by the Family Court, Shatur..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....ntial danger. So he selected the party time in the evening hours of 23-4-1998 to execute the conspiracy and activated the other condemned-prisoners. Accordingly, the rape and murder took place. These facts having been disclosed during the investigation of first information report lodged by Shajneen'......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......regular appeal being Criminal Appeal No. 3644 of 2003 condemned prisoner Hasan has taken the said grounds and also some other grounds raising legal and factual issues including the credibility of the evidence of PWs 2, 3, 4, 5, 12, 13, the credibility of the retracted confessional statements of Shah..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... Meser Ali, the predecessor of the plaintiffs, on 8-4-1920 vide kabala deed No. 1404, and that Rupsha Fakir transferred 91.50 decimals of land to defendant No. 19 by a kabala dated 23-7- 1937 and the facts of auction purchase was written in the body of the said kabala deed. It is further submitted t......is Case is also Reported in: 58 DLR (2006) 538. ......n purchased the said land and the auction sale was acted upon, but the learned lower appellate Court misconceived and misunderstood that fact and came to an erroneous decision without considering the evidence of PW and DWs and the documents filed by the contesting defendants and thus he reversed the..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....o show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, are that the petitioner passed Dakhil, Alim, Fazil and...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Kazi Md. Shafiqur Rahman………………………………Petitioner Vs. Bangladesh and others ………………………………….Respondents. Judgment November 20, 2005. ......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....er section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case, as alleged in th...... Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscel......red that the petitioner is a renowned businessman having reputation both here and abroad. Further, there is no evidentiary value of confessional statement of the co accused if not corroborated by the evidence. So, this instant statement has no value in the eye of law. 9. We have also taken seriou..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....the house, but recognition of the said accused by PW 1 Rubia Bibi inside the house contradicts with the manner of occurrence as depicted in the confessional statement. So, having considered the above facts we are led to the conclusion that the confessional statement of accused Habibur Rahman alias H...... Reported in: 58 DLR (2006) 524. ......standing election dispute between them, that over such rivalry', the appellants were falsely implicated in this case. 6. After trial, the learned Judge of the trial Court upon consideration of the evidence on record and by the judgment and order of conviction and sentence dated 30-9-1991 convicte..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....d must be held to have done so to its peril and cannot now bind the PBL to pay after discovery of gross fraud. 73. Referring Raymond Jack's book on Documentary Credit, he submitted that in the facts and circumstances of the case, the KEB acted as a collecting bank as agent of the beneficiary ......vil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. Cases Referred To- ...... receive any communication from first defendant PBL refusing the documents within seven days. Third defendant KEB received the letter of acceptance dated 26‑6‑1993 on 2‑7‑1993 but they had no evidence to show to the Court that on 2‑7‑1993 they received the letter. The telex was dated 3â€..Category: Business or Commercial Law | Date: | Hits: 290
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... dated 4‑10-2003, asking the writ petitioner to report to the Marketing Manager on his reversion cannot be said to be an illegal order or an office order without jurisdiction. In view of the facts and circumstances of the case and the discussions made above, we do not find any merit in the ......J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: ...... No. 3 vide Letter No. 06.39 dated 02-10‑03 cancelling the order of appointment/promotion of the petitioner to the post of Marketing Manager (Current Charge) vide Officer Order dated 15‑4‑2003, evidenced by Annexure-B to the writ petition, and why the order dated 4‑10‑2003 passed by the re..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....et in Title Appeal No.222 of 1994 reversing those dated 26.09.1994 passed by the Assistant Judge, Temporary Additional Court, Sadar, Sylhet in Title Suit No.231 of 1992 dismissing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to Dhan Bibi and To......rted in: VIII ADC (2011) 100. ......y; that the plaintiffs failed to prove the alleged story of transfer of the suit land by defendant No.25 to Masaddar Ali, plaintiffs' predecessor cither by exeÂcuting any document or by adducing any evidence as payment of any consideration money, delivery of possession, and more particularly when P..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
.... - This petition for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No.189 of 2006 making the Rule absolute. 2. The facts, in short, are that the responÂdents as plaintiffs instituted Other Class Suit No.229 of 2004......yeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nasrullah Chowdhury…………………..............Petitioner Vs. Mohammad Nurul Islam and others……………….Respondents Judgment June 6, 2010. Cases Referred To- (Moul...... there was no consent at all and the consent decree was on the basis of intimidation and thereÂfore it was not a consent decree at all and the Court of appeal ought to have decided the allegation on evidence and decided the appeal on merit instead of rejecting the same on maintainability only. 1..Category: Property Law | Date: | Hits: 65
....etition is not maintainable as respondent No.3 filed Money Suit No. 74 of 2002 in the Court of Artha Rin Adalat, Chittagong for realization of Taka 78,59,661.37. In this backdrop suppressing material facts the petitioners filed writ petition with a prayer for injunction against the respondents which......by vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......isdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and that the issues raised in this writ petition require proper adjudication on taking evidence and/or examination on oath and, as such, the allegations brought against this bank in the w..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....xpenses observed that the said ground of the family expenses or personal expenses were not taken in the first appeal and, as such, it was turned down by the Appellate Tribunal. 3. In the aforesaid facts and circumstances, the assessee has formulated the following questions of law which were set t......Joint Commissioner of Taxes with the finding that the assessee appellant being a director of more than one company is not an employee within the meaning of the" Rule 33(3) (b) of the Income Tax Rules and, as such, the assessee was not entitled to the exemption on account of house rent allowance. The......les. The Appellate Tribunal, as it appears from the impugned order, took the view that admittedly the assessee appellant is the director of more than one company and he could not show any documentary evidence from the other company that he does not receive any remuneration therefrom and thus, upheld..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......accused persons. 4. The investigation of the case was entrusted to Abu Md. Arif Siddique, Inspector, DAB Chittagong who visited the place of occurrence, seized alamats of the case and recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and subsequently, Insp..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....ra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, these Rules are heard together and are being disposed of by this single ...... This Case is also Reported in: 58 DLR (2006) 487. ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....y to the expansion of unit of an existing undertaking which has not applied for accelerated depreciation under para Nos. 7 or 7 A of the Third Schedule. In the aforesaid case it was held that "on the facts, that the assessee petitioner was entitled to get benefit by section 15C of the Income Tax Act......(2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....tiffs from being decreed. 22. The issue facing me is, whether or not the appellate judgment and decree affirming those of the trial Court decreeing the suit in its entirety are well founded on the facts and circumstances of the case and the evidence, oral and documentary, on record and in law. ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abdur Rahim Chowkider @ Abdur Rahman Sheikh since deceased……………… Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred......ced number of documents, which were marked as exhibit 1 to 1 (d), 2-2(ka) 3, 4 to 4(d) and 5 to 7 and while those of defendant marked as exhibit A to A (3), B to B(1) and C. 14. Trial Court on the evidence on record decreed the suit as prayed for. On appeal there from at the instance of defendant..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....ad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a resident of Village-Ka......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe......rt held: "The legal position with regard to an entry in School Register. Admit Card and Board, Certificate is that such Registers. Cards and Certificates as public documents and are admissible in evidence under section 35 of the Evidence Act, but the evidentiary value to be attached to the entri..Category: Election Law | Date: | Hits: 87
.... in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works.
2. The facts of the case are as follows:
In June 1959 the Central Government of Pakistan decided to est...... Case is also Reported in: 58 DLR (2006) 441.......rden."
10. Mr. Alam further submitted that the authorities making the construction most hurriedly and surreptitiously carried on the construction of the two buildings in spite of public protest as evidenced by extensive media coverage. He submitted that the
National Assembly Building and its s..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
.... upon the cadaver and found as many as three bullet injuries which were the cause of death and ante mortem and homicidal in nature. It is indisputable that the slain Emdad Ahmed Afzal was lynched and facts leading to the murder have not been challenged by the defence. 33. Now the question calls f......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne...... 302 of the Penal Code to which he pleaded not guilty and claimed to be tried. 5. The defence case, as it transpires from the trend of cross examination of the prosecution witnesses as well as the evidence of defence witnesses is, that of innocence and the act done at the time of doing it was by ..Category: Criminal Law | Date: | Hits: 70
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