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Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy Farm, Bogra should not be declared to have been made without any lawful authority. 2. The facts necessary for the disposal of the Rule are: Respondent No. 4 floated tender vides notification...... is also Reported in: 58 DLR (2006) 431.......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
....ed occurrence took place on 19-5-1999 and as such; it appears that the accused petitioner was a student of Class-VII at the time of commission of the offence and below 16 years of age. From the above facts and circumstances we find that the accused-petitioner ought to have been tried by a juvenile C......itioner Vs. State ………………………………………………….Opposite Party Judgment March 21, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. Stat......charge-sheet. PW 8 Serajul Islam stated that he reached the place of occurrence after the arrest of the accused persons and also investigated the case and prepared seizure list. 10. From the above evidences we find that the said PW 6 Motaleb Sikder who has put his signature in the seizure list is..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....the fate of appeal and filing of revision has been of such a character that it would be proper to condone the period of delay that has occurred beyond the period of limitation. 23. Considering the facts, circumstances and materials on record, it appears to us that illness of Sk. Mohammad Reazul H...... This Case is also Reported in: 58 DLR (2006) 425.......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....a Dighayee of Ain Sinkhole Bignakari Aparadh Daman (Druta Bicher) Ain, 2002 in his absence. 6. Prosecution has examined 4 (four) witnesses in his absence and the learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused petitioner by his j...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o......radh Daman (Druta Bicher) Ain, 2002 in his absence. 6. Prosecution has examined 4 (four) witnesses in his absence and the learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused petitioner by his judgment and order dated 8-7-2004 under s..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... Judgment Md. Ashfaqul Islam J. - Accused appellant Abdus Sattar @ A. Saltar @ Sottar along with other accused namely, Pijush Kanti Barua, Md. Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were con......s been falsely implicated in the case out of suspicion and no offence has been committed by the convict appellant for which he should be acquitted. 8. After hearing the parties and considering the evidences on record, the learned Assistant Sessions Judge and 3rd Artha Rin Adalat, Chittagong convi..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....-2000 at 2-00 PM she died of excessive bleeding. He reported the incident to the police station, wherein UD Case No. 11 of 2000 dated 9-7-200 (Exhibit 3) was recorded. He (PW 2) did not disclose such facts either in Exhibit 3 or in the statement to investigation officer (PW 13). PW 3 testified that ......……………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddi......al the prosecution in all produced fourteen witnesses, of them examined eleven witnesses and PWs 6-9 were tendered for cross examination. The defence examined none. 6. After closure of prosecution evidence when appellant was examined under section 342 of the Code of Criminal Procedure he repeated..Category: Criminal Law | Date: | Hits: 55
....t making payment to the owner/occupier for all necessary damages caused to the property. For the aforesaid reasons we are of the view that the PBS Policy Instruction No. 3004 is not applicable in the facts and circumstances of the present case. It appears that the respondents in violation of the pro......sdiction)
Present:
Md. Muzammel Hossain J
Zubayer Rahman Chowdhury J
Engineer Md. Nurul Islam Chowdhury…………………..Petitioner
Vs.
GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents.
Judgment
October 23, 2005.
Lawyers Involved:
Mob...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405...
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....r or of fraud and collusion resulting in the execution and the registration of the deed. 8. It is at this juncture that the lower appellate Court is found to embark upon a detailed analysis of the facts and evidence before it and of the relevant law attracted to this case. The starting point for ......me Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Refaat Ahmed J Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Refer......d by the defendant No. 1. 5. The plaintiff-respondent-petitioner now submits that the lower appellate Court erred in reversing the judgment and decree of the trial Court since there is no credible evidence to show that the disputed Hiba-bil-iwaz deed had at all been executed by Anfar Uddin in fav..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....xure A to the writ petition. Admittedly, the petitioner filed the appeals as above under Rule 31 before the Appellate Officer (Settlement Officer) who having heard both the parties and considered the facts, circumstances and materials placed before him allowed the appeals on 21 -12-1999 by creating ......l Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 2006. ......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....al case, by how he pleads or fails to plead in the proceeding. The plea of guilty must distinctly admit each and every fact necessary to constitute the offence. An accused person pleads guilty to the facts, which purport to disclose an offence under that section. 11. In the case of Emperor Vs. Ka......pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177......on. Therefore, the Court should not act upon the plea, in other words, the conviction need not necessarily follow the plea of guilty. The Court has discretion of accepting the plea or proceed to take evidence notwithstanding the plea. While the conviction on a plea may considerably abridge the trial..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....peated their innocence. They, however, declined to examine any witness. Some of the accused filed written statements which were incorporated in the forms of section 342 of the Cr.P.C. 13. Considering facts, circumstances and evidence on record, the learned Judge of Druta Bichar Tribunal convicted an......……………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Special Issue 2001......on officer or the learned Magistrate that the accused opened fire to kill Sony. The confessions were extracted from the convict appellants under inhuman torture. 12. After the close of prosecution evidence, the accused in dock were examined under section 342 of the Cr.P.C. during which they repea..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....he learned Joint District Judge, Second Court, Cox's Bazar in Other Suit No. 39 of 1999/186 of 1994 rejecting the application filed under Order VI, rule 17 of the Code of Civil Procedure. 2. Short facts leading to this Rule are that on 27-8-1994 the petitioner as plaintiff instituted Partition Su......Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases R......ment is necessary for the purpose of determining the real questions in controversy between the parties and proper adjudication of the suit. Moreover, the plaintiff will prove his own case by adducing evidence and the defendants have the apple opportunity to file additional written statement against ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
.... hand over possession to 2nd party and accordingly, the receiver handed over possession to the 2nd party and order of the learned Sessions Judge has been acted upon. The petitioner by suppressing the facts of handing over possession to the 2nd party obtained Rule in Criminal Miscellaneous Case No. 1......igh Court Division (Criminal Miscellaneous Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali Alauddin (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005......istrate to prevent serious apprehension of any breach of peace, such order was set aside by the Additional Sessions Judge. Chittagong and directed to hand over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent ju..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ring appeal against the judgment and order dated 2-10- 1993 passed by the learned Additional Chief Metropolitan Magistrate Court, Dhaka in GR Case No. 3046 of 1992, should not be set aside. 2. The facts relevant for the disposal of the Rule, in brief, are that on 8-6-1992 at about 5-30 PM the pet...... Md. Imman Ali J. - This Rule was issued upon an application filed under section 439 of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned judgment and order dated 28-8-2000 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan S......e sentence awarded is excessive in the facts and circumstances of the case. 5. Mr. Md. Jamil Akhter Elahi, the learned Assistant Attorney-General appearing on behalf of the State, submits that the evidence is consistent with the petitioner and his accomplices coming to the place of occurrence aim..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....he ground and got himself injured and due to profuse bleeding, he succumbed to the injuries and that the accused-persons were falsely implicated in the case. 9. Considering the evidences and other facts and circumstances of the case, the learned Trial Judge found the accused-appellant guilty unde......ey-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge......me he fell down on the ground and got himself injured and due to profuse bleeding, he succumbed to the injuries and that the accused-persons were falsely implicated in the case. 9. Considering the evidences and other facts and circumstances of the case, the learned Trial Judge found the accused-a..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....g Director who is the Chief Executive of the petitioner-company. Therefore, the observation of the learned Labour Court that the dismissal order was issued by an incompetent authority is not based on facts or law. lie further submits that the learned Labour Court below failed to appreciate that the ......t & another……………..Respondents. Judgment August 14, 2005. Cases Referred to- Mobarakganj Sugar Mills Ltd. Vs. ABM Kazi Naznd Islam, 1987 BLD (AD) 182; Messrs Malik & Haq and another Vs. Md. Shamsul Islam Chowdhury and two others, 13 DLR (SC) 228. Lawyers Involved: ......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352...Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....€” For the Respondents. Trade Marks Appeal Nos. 51-52 of 2001, 11-12 of 2002 and 5 of 2004. Judgment Md. Abdul Wahhab Miah J. - In all these appeals the appellants being the same and similar facts and common questions of law being involved, have been heard together and are being disposed of......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe......ough they claimed that they had been using the trade mark since 1980 yet, they applied for the removal of the trade mark only on 9-11-1997. After filing of the objection the applicant-appellant filed evidence in support of the rectification case, but on behalf of the respondent co-counter statement ..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....it of the case as a whole and acquitted the accused persons including the child. In consideration of the merit of the case it was further held that the retrial of the child would not be proper in the facts and circumstances of the case. 26. Turning back to the question of legality of the trial of......This Case is also Reported in: 58 DLR (2006) 335.......3. To prove the charge under sections 302 and, 34 of the Penal Code, the prosecution produced and examined 7 witnesses. The defence cross-examined all these witnesses, but did not produce any counter-evidence. 4. The defence pleas, as revealed from the trend of the cross-examination of the prosec..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....der hotchpotch? 4. Is the plaintiff entitled to get a preliminary decree for partition? 5. What relief, if any is the plaintiff entitled? 13. The learned Joint District Judge considering the facts and circumstances of the case and evidence on record decreed the suit by his judgment and decr......nal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Nil Sen Singh…………………………………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. ......ntitled to get a preliminary decree for partition? 5. What relief, if any is the plaintiff entitled? 13. The learned Joint District Judge considering the facts and circumstances of the case and evidence on record decreed the suit by his judgment and decree dated 30-1-2003. 14. Being aggriev..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....a pucca building named 'Lalkuti' standing thereon. It was asserted that the plaintiff of Title Suit No. 105 of 1983 filed suit showing wrong address of the defendants by fraudulent suppression of the facts and obtained a decree dated 1 7-11-1984. It was specifically stated that the defendant appella...... This Case is also Reported in: 58 DLR (2006) 326.......tion, the trial Court ought to have considered whether the plaintiffs of the present suit were, in fact, residing at the addresses shown in the plaint of Other Suit No. 105 of 1983 and in view of the evidence on records the trial Court ought to have decreed the suit but the failure of the Judge has ..Category: Property Law | Date: | Hits: 83
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