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Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... positive finding by the court below as to which party was in actual possession of die disputed land at the time of occurrence, the learned Assistant Sessions Judge acted illegally in determining the question of the right of private defence and hence there has been a failure of justice and the impug......se was also started on the self‑same occurrence, could not be held to be guilty and punished on the above charges. The learned Assistant Sessions Judge on hearing both the sides and considering the facts and circumstances, of the case and the evidence on record was pleased to find these three (3) ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......ultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 ......er’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading to this writ petition are that respondent No.3, United Commercial Bank Limited, Bangsh..Category: Procedural Law | Date: | Hits: 80
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......pugned order of cancellation Annexure-C to the petition praying for work order as a lowest responsive bidder or to give adequate compensation for causing an inordinate delay in deciding the matter in question. Subsequently the petitioner filed a supplementary affidavit claiming that the board in sub...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......ddin and others Vs. The State and another reported in 13 BLT 460, and Noor Islam and another Vs. State reported in 6 BLC 178. In the latter, a Division Bench of the High Court Division, under similar facts and circumstances held: “25. . . . in order to complete the offence under section 394 of ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....ify the conviction. These aspects of the case have not been considered by the learned Additional Sessions Judge in juxtaposition with the prosecution case. The decisions as referred to above are also identical and applicable in the facts and circumstances of the present case. 36. For all the reas.......3, would require for the purpose of burial of the dead body, and as to why denial of appellant No.3 to return that paper would cast doubt in her mind that they might killed her son. On this point, a question pinches us, whether there was any other dispute between the informant and appellant No.3, w......i was last found in the company of the accused appellant at about 10-00 p.m. in the night of occurrence and subsequently his dead body was seen in river Titas at about noon on the next day, from such facts alone it cannot be held that the accused appellant in any way had any plan to murder deceased ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......learned Sessions Judge, however, acquitted the accused Hilly alias Ashraful Islam Monir (absconding) and Masud having found them not guilty to the charge. The death of Md. Sayeed is not disputed. The question is whether the death occurred at the place, time and in the manner as given out by the pros......telling lies even partially, that would put the Courts on guard against accepting the rest of the statement without any corroboration. Thus the value of dying declaration depends in a case on its own facts and the circumstances in which it is made. If a dying declaration is found to be false in mate..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......nquest over the dead body of Rahima Khatoon found 4 marks of injuries. According to the P.W.3, her death was due to the aforesaid injuries which were ante‑mortem and homicidal in nature. 12. The question is whether the accused appellant is guilty of alleged murder of victim Rahima Khatoon. In t...... the wife provocates the husband. We do not know what was the reason for beating victim Rahima Khatoon by her husband accused Abdul Khaleque as there is nothing on record about the same. But from the facts proved it is clear that the victim Rahima Khatoon did not die immediately after the assault su..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ed a written statement (Annexure‑'C') stating that the allegations brought against him are all false, concocted and malafide. He has been performing his duty honestly and diligently and there is no question of any breach of trust and mismanagement on his part. But the two relations of the Waqif ha......e mutwalli a hearing or permitting him to controvert the allegations made against him. This only leads us to believe that the impugned order was issued on extraneous grounds rather than on finding of facts. Existence of factual grounds, for removal of the mutwalli should have been established after ..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......tached and to be sold in open auction directed and guided by the court and the decree holder to be compensated, with Tk. 5000.00 for his loss and sufferings from the attached property.” The moot question, therefore, before me is whether the learned Munsif can pass such order under the provision......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......dictions in their evidence as to discovery of the dead body as pointed by the accused persons. 15. Thus we arrive at the conclusion that the learned Additional Sessions Judge erred both in law and facts in convicting and sentencing the accused appellants and his finding as quoted above is erroneo..Category: Criminal Law | Date: | Hits: 62
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......r. 16. If it was the view of the learned Single Judge that the suit already instituted is barred under Order 23 rule 1(3) C.P.C. he would have accorded permission. 17. We do not see how the question of bar is relevant in the aforesaid Civil Order No.727 of 1986. We find that this question ......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......x Appellate Tribunal when the bonus claimed by the Assessee under section 10(2)(X) of the aforesaid Act is not allowable to him, as the assessee allegedly did not earn any profit, during the years in question. 5. It appears from the assessment order Annexures‑A series that the Deputy Commission......t Abdul Bari Sarker J.- These three cases arise out of applications under section 66(1) of the Income Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return f..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......51. The Tribunal after a case is referred to it, shall have power to suspend the Advocate concerned, pending enquiry against him and to vary or rescind such order”. An order of suspension in the facts and circumstances of the present case and when the petitioner’s enquiry is still pending, is..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......1.6.90 seeking condonation of delay of 104 days. This fact shows that how much negligent and careless the petitioner was in the matter of prosecuting the appeal. 17. In my view in the present case question raised is really vital to parties and is also of importance because it raises a question of......control of the party and the delay was condoned. 12. The learned Advocate appearing for the opposite parties submits that the cited decisions referred to above have no manner of application to the facts of this case and that it is patent from the facts referred above that petitioner acted neglige..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ted land on the basis of their lease as lessees from the Government. No doubt the petitioners were lessees under the Government with regard to the enemy property as lessees from year to year. Now the question is whether the petitioners who had limited interest as lessees only for certain limited per......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-int..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......Ashfaqul Islam, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Advocate ‑ For Respondent Nos. 1‑2. Writ Petition No.1398 of 1988. Judgment Md. Abdul Jalil J.- This rule calls in question the order dated 30.1.86 passed by Chairman, Rural Electrification Board, a statutory corpor......authorised by law. The impugned restriction, therefore, was not imposed by law. Of course, the petitioner cannot claim to be enlisted unless he is qualified in accordance with the rules. 8. In the facts and circumstances as discussed above we are of the opinion that the petitioner’s fundamental..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......se notice of the University Authority denying the allegation and the aforesaid charge brought against him in the said show cause notice. The petitioner stated in his reply that he wrote answer to the question of the Islamic History and Culture‑1st paper and Philosophy‑3rd paper in the script sit...... Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the petitioner passed HSC examination in the year 1985. On completion of..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......r the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in question the legality of the order dated 20.3.86 passed by the Munsif (now Assistant Judge), Upazill......ন প্রতিকার পাইতে পারে না।” 4. Thereafter the pre‑emptor filed a review petition under Order 47, rule 2 of the Code of Civil Procedure stating all the facts about non‑payment of cost of Taka 200.00. Under Order 47, rule 2 of the Code of Civil Proced..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......med, Advocate ‑ For the Petitioner. Khademul Islam Chowdhury, Advocate ‑ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
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