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Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......currence. Only P.W.2 victim corroborates the first information report case. The victim is an adult woman so conviction cannot be imposed on the solitary evidence of adult prosecutrix. It is a settled principle of law that a prosecutix's evidence is not sufficient to inflict conviction upon the accus......Dinajpur in Nari-o-Shishu Nirjatan Case No.356 of 2000 convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 sentencing him thereunder to suffer imprisonment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment for a period ......petent witnesses and there is no internal points of falsehood in their evidence on any point and, as such, the impugned judgment calls for no interference by this court. 12. The only point for determination in this appeal is, whether the learned Judge, Nari-o-Shishu Nirjatan Daman Adalat, Din..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......l interest. This clearly proves that legislature had no intention that the provisions of section 47 should be applied in a suit which was filed before section 47 came into force. (5) In fact, no principle on the application of section 47 has been laid down by the High Court Division in the judg......lenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47 of the Artha Rin Adalat ......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......passed by the Munsif, Bandar Upazila, Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty......at both the courts below failed to appreciate the legal aspect of the case with regard to section 28 of the Limitation Act which reads as follows: Extinguishment of right to property—at the determination of the period hereby limited to any person for instituting a suit for possession of a..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......ainst a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dismissing five appeals being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above re......2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dispose of it by this order. 3. In reference No.77..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ....../Petitioner in executing the Decree. In that regard, this Court finds the information provided in the Form No.J(47) to be deficient and wholly inappropriate for the execution of the decree beyond the principle decretal amount of Tk. 19,70,000.00 as was indeed effected by this Court's Order dated...... For the Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, includin......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ...... in case of persons like the present accused petitioners. This Court can entertain their bail petitions, if not under section 497 or 498 of the Code, but under section 561A of the Code. Moreover, the principle laid down in section 167 of the Code also comes into play. It may be mentioned that sectio......J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some form of corruption, but inv......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......hout jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the petitioner or it has acted malafide or in violation of the principle of natural justice. This- view is underpinned by the decision in the case of the Governmen......spondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' lis......Advocates for the parties in extenso. 11. The High Court Division exercising power under Article 102 of the Constitution does not work as a Court of Appeal and as such it is not required to make determination of facts on its own. It can interfere with the findings of a Court of facts under its ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......ice bearers of the union, who raised the one-point charter of demand defeated the workers-respondents in election which preceded the termination of services of the workers-respondents. Therefore, the principle expressed in 28 DLR (AD) 190 has no manner of application on the facts and in the circumst......esignation was 'senior machineman' and his gross wages was Tk.5,767.50 per month. Respondent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent, (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the mana......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....extricably intertwined. If this is not so, the Court must separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity and fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to......out beyond reasonable doubt, then only conviction can be awarded. In such circumstances, the prosecution case has to rest on its own strength and not on the weakness of the defence. The governing principle is known as that of standard of proof. Absolute standard of proof does not exist. To det......t in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of wi......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... applicants, who are proprietors of Islam Enterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600.00. Then, he submitted a revised re......cations by its order dated 10.06.02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: a) Whether on the facts and in the circumstances of the case the Appellate Tribuna..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provide......99 which demonstrates that the petitioner did riot come before this Court with clean hands. Finally, Mr. Mamnur Rashid submits that the allegation made by the petitioner in the Writ Petition involves determination of question of facts and for which remedy lies in the Civil Court and not under the su..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......l rise and fall with the writ-petitioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civ......esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, represented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo......g. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure is that a person is entitled to be impleaded if it is necessary for the determination of real matter in dispute/controversy between the parties and the Court may add him on..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ...... Even if the evidence produced is capable of creating doubt, he is entitled to benefit of doubt…………………………(18) It is the main principle of criminal law that an accused person must be presumed to be innocent unless and until it......s always rests on the prosecution and on its failure; it cannot fall back upon the evidence adduced by the accused in support of its defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in......nd a daughter was born in their wedlock; that the victim has been living peacefully in the house of the accused and under such circumstances she softly opposes the appeal. 13. The only point for determination in the appeal is, whether the learned Judge, Druta Bichar Tribunal, Sylhet is justifie..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......ported in 6 BCR (AD) 225, 25 BCR 392, 37 DLR 237, 12 BLD (AD) 190, 44 DLR (AD) 10. 83. We have carefully gone through the said decisions to the best of our ability but we are sorry to say that the principles as enunciated in those decisions have no manner of application in the facts and circumsta......ses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establ......sses will examine amongst the cited witnesses for establishing its case against the accused persons.……………………………..(81) General tendency of the witness In a criminal trial, determination of fact is the main task before the court and such determination is dependent upon con..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ion of commutation of sentence of death to imprisonment for life does not also arise. The learned DAG has drawn our attention in the recital of the FIR Exhibit 1 in order to point out that one of the principle accused Asgar has been discharged out of the way by the trial court on the recommendation ......nwarul Hague J. — This Death Reference under section 374 of the Code of Criminal Procedure submitted by Mr. Md. Jahangir Alam Mollah, the learned Judge of the Drutta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death of the (l)Monir Hossain son of Md. Nazrul Islam (2) Lipaya son......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......y the Power of Attorney. In the circumstances, this Court is satisfied that aggrieved Ramu Chakraborty has authorised the Attorney to file the instant Writ Petition as petitioner. It is a settled principle of law that the aggrieved person must file Writ Petition and execute Vokalatnama as well ......orded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporation took over the management of m......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......d by infringement of their trade mark, and thereby the suit is very such entertainable and there is no reason for rejection of the plaint. According to the plaintiff, it is an established and settled principle of law that an action for passing off is maintainable even without having registration of ......te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ...... dowry. In this respect we hold the view that the demand of dowry is necessary to be proved in this case in addition to killing, for the purpose of awarding punishment under this Special Law, but the principle propounded in the wife killing case under section 302 of the Penal Code is not d...... 29 of the Nari-O-Shishu Nirjaton Damon Ain 2000 read with section 374 of the Code of the Criminal Procedure, has been made by the learned Judge, Nari-O-Shishu Nirjaton Damon Tribunal, Jamalpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his convic......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......r submits that there is no overt act attributed to the appellant in causing the injuries to the deceased. He submits that in the absence of any overt act with regard to the killing of the victim, the principle of common intention cannot be applied in the case of this appellant. In this regard he ref......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......to file the suit and as such the suit itself is not maintainable in the present form. She adds that similar type of application was rejected on 24-05-1999 and as such second application is hit by the principles of resjudicata. The learned counsel further submits that the allegation for dispossession...... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
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