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State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....llip;…..State Vs. Md. Abdul Gofur…………………………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the......lpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his conviction under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 (herein after will be called as Ain, 2000) by the judgment and order dated 2.9.2003 passed in Nari-O-Shishu Nirjaton Damon......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)
....s Involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General-For the State. Khalilur Rahman Bhuiyan, Advocate State Defence Lawyer-For Condemned Prisoner Shahid Javed Gaira @ Garib Mia. S.M. Rezaul Karim with Md. Abdur Razzak and Afifa Begum Sop......by accused Shah Alam Babu alias Sundar Babu is that he was not the person who committed the offence inasmuch as he was not identified in the dock by the informant or the other witnesses as the person called Sundar Babu who shot the victim. The specific defence case put forward by accused Ismail Moll...... Afzal without any basis whatsoever as a result of which an innocent man has suffered incarceration in the condemned cell. Regrettably, our criminal justice system is not geared to recompense for the loss suffered by this unfortunate person and for that reason we feel that stern action should be tak..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Result: The Rule is made absolute. Cases Referred to- Abdur Rahim Vs. Arifur Rahman and others, 50 DLR 166; 25 BLT 41......le Appeal No.09 of 200 allowing the appeal and reversing the judgment and decree dated 2.11.2000 passed by the Subordinate Judge, Magura in other Class Suit No.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....e are 3 godowns within the mill premises for storing the finishing products and on 23.11.85 all the 3 godowns were burnt into ashes by an accidental fire at about 12:30 p.m. and on the same day and also on the following day the petitioner company informed the Collector of the Customs and Excise......ction taken by the respondents is also not sustainable in law in view of the fact that the said duty was levied for non-compliance with the provision of Rule 10 of the Excise Rules, 1944, hereinafter called the Rules inasmuch as though the petitioner did not specifically make a prayer for exemp......ince the goods were covered by insurance policy, the petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused by the aforesaid fire, was surveyed by two independent surveyors at the instance of the..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ized and seized passport and list of numbers of the hundi money were attached to the First Information Report and every page of the Passport was signed and scaled by the BDR authority. The accused persons were interrogated on their suspected involvement. Subsequently said proprietor Moon Enterprise ...... by mobile task force of BDR Rifle Battalion and police after launching a hasty operation at village Madarpur, P.S. Godagri, District Rajshahi along with Motor Cycle Dhaka Metro-A-028429 from a place called Dariapur on the Rajshahi-Chapai Nababgonj highway for search out of suspicion. It is alleged ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other interested persons; that the proceedings of the Miscellaneous Case No.58 of 1972 were defective in substance ......as no notice upon the petitioner and other interested persons were served; that the said grant was obtained by the principal opposite party No.1 by exercise of fraud upon the court by showing so-called service of general and special citations and that notice of the said proceedings was fraudule......y him by his lawful constituted attorney, Shishubala Roy. It is further stated that the probate being obtained from the court by exercise fraud upon the court, the petitioner has suffered irreparable loss for which he prays for revocation of granting of probate in respect of the will. 6. T..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....-1-1997. 4. The case of the defendant-petitioners, in short, is that previously the grandfather and thereafter the father of the petitioners were tenants in the suit shop house under the predecessor of the opposite- parties. The rent of the suit shop house was raised gradually to Taka 60 per mo......97 and it is ex facie clear that the petitioners got more than 15 days' prior notice as contemplated by law and in this view of the matter, the notices under section 106 of the said Act cannot be called in question. 14. It is also the submission of Mr. ASM Kamal Amroohi Chowdhury that there......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....act finding process. On the baÂsis of a fact finding process if
the commission of any offence is disclosed, the respondent authority is
entitled to institute any criminal proceeding against the person or persons inÂvolved
in the commission of the offence. In such a case before the initiation of......6. The
petitioner issued legal notice dated 15.02.2001 which was served on 18.02.2001
upon the respondent requesting him to supply within 72 hours of issuance of the
legal notice, (i) a copy of so-called EnÂquiry Report, if any, as reported in
the news item, to have been submitted by respondent......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....…Petitioners Vs. The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwa......s Annexure-I to the Supplementary-Affidavit filed on behalf of the respondent Nos.2-5. We have gone through the said photocopy of the documents and find it difficult to understand who framed the so-called "নিযোগ বিধি” and how the order was granted by the authority. In reply to......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....opolitan Additional Sessions Judge convicted the appellant under item No.1 (kha) of the Table of section 19(1) of the Narcotics Control Act, 1990 briefly, the Act of 1990, and sentenced her with imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 mont......opy thereof shall be delivered to such person at his request. (5) Any persons who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered of tendered to him, shall be deemed to have co......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....n, 2000 as amended. The complainant appellant may seek legal relief for offence of sexual harassment under Penal Code before regular criminal court under the procedure separately and independently if so desires, but there is no scope for joint trial of the offence of sexual harassment under Penal Co......ng BD Ltd. of which she claimed to be Managing director with further allegation that her husband Mr. Bo-Sun Park had been involved in doing illegal things as to creation of false documents and her so called resignation forging her false signature. She alleged that her husband on her arrival pulled h......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....e contract…………………(31) Law under section 101 of the EviÂdence Act is that the burden of proof lies with the party who substantially asserts the afÂfirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to......t is that the burden of proof lies with the party who substantially asserts the afÂfirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case……………….(32) A suit for specific performance is...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....rosecution case, in brief, is that on the basis of enquiry that the petitioner accumulated a property amounting to Tk. 32,00,000/-(thirty two lacs) which was disproportionate or beyond the known sources of his income, the Bureau of Anti Corruption asked him to furnish proper statement in the pr......hich may extend to three and shall also be liable to fine." 6. On perusal of the aforesaid provision of law it appears that any person failing to furnish the statement when called upon under section 4(1) of the Act commits the offence punishable under the law. The validity......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....nt and order dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer f......ased and a silver chain from the neck of the wife of the informant. After departure of the accused persons hearing hue and cry the neighbours came and heard the occurrence. Village doctor Kabir was called, who advised to shift the deceased to the hosÂpital. On way to the hospital by boat the de......d down the lower Court's records at once with a copy of this judgment, for inÂformation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
....15, 2005.
Result:
The Rule is discharged.
Cases Referred to-
51 DLR (AD) 24; 54
DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of InÂdia A.I.R.
1996 S.C. 11; AssociÂated Provincial Picture Houses Ltd. Vs. Wednesbury
Corporation.
Lawyers Involved:
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......e Diesel Engine with
Remote ConÂtrol for Utility Type-II (Imp.) Ferries of RHD, under ADP allocation
or any allocation during the year 2004-2005 otherwise the petiÂtioner will
suffer irreparable loss and injury. Therefore the malicious, discriminatory, malafide and illegal decision of the
resp..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....ime. The present appellants got the said order of injunction stayed by moving this Division upon filing provisional Civil petitions for Leave to Appeal Nos. 34 and 35 of 1995. Since the order of stay so obtained from this Division covered the entire period of injunction passed by the High Court Divi......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......its was illegal and ineffective. It was further alleged that, diversion of the Dinajpur Branch Canal over the land of the plaintiffs was malafide and that the said malafide act has caused irreparable loss to the plaintiffs. 4. The learned Subordinate Judge rejected the prayer for temporary in..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....classified as a defaulter and, the balance of outstanding debt on account of CC (pledge) loan stood at Taka 1,00,22,180.16 and CC (hypothecation) loan at Taka 77,67,626.16. 5. On 5‑6‑03 he also sent legal notice to the Deputy Commissioner and Additional Deputy Commissioner, Narsingdi, retur......an like two other directors who held shares to the extent of one-third of the shares of the company. It is also not denied that the loan was not classified under the Act nor any of the guarantors was called upon by the bank to repay the loan. 49. In such circumstances, invoking the definition o......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....l Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......quite correctly found that the proposed amendment would not change the nature and character of the suit and that on consideration of the materials on record we are also of the view no interference is called for with the order of the learned Joint District Judge allowing the prayer for amendment of t......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....ented by its Vice Chancellor and others……………………………………………………………Opposite Parties Judgment June 25, 2005. Result: The Rule is made absoÂlute. The question of maintainability of the suit should be decreed in the main suit......etitioner. A. F. Hassan Ariff, with M. A. Sobhan, Advocates- For the Opposite Party Nos.1-5. Civil Revision No.5 of 2005. Judgment Md. Abdul Aziz J.-Opposite party Nos.1-5 were called upon to show cause as to why the impugned judgment and order dated 14.7.04 passed by the lea......ation of RaÂjshahi University observed strike in protest of the aforesaid illegal appointments and educaÂtional environment of the University has been disturbed and the University would suffer a loss of Tk. 1,25,00,000/- every year for such illegal appointments causing unnecessary huge financi..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....rs and they ultimately, got married on 3-8-1986 and thereafter swore an affidavit before a notary public confirming the marriage held at Dhakeswari Mandir on observance of religious ceremony. It is also alleged that the marriage was consummated and the plaintiff and the defendant, who used to live s......da Chandra Tagore, Advocate—For the Opposite Party. Civil Revision No. 4785 of 2000 with Civil Revision No. 1058 of 2001. Judgment Bijan Kumar Das J.- By these Rules the opposite party was called upon to show cause as to why the impugned judgment and decree dated 12-6-2000 passed by the D......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
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