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Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......dgment AKM Asaduzzaman J.- On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order of conviction and sentence dated 18.4.2007 passed by the learned Nari-O-Shishu Nirjatan Da...... Criminal Procedure. 6. The learned advocate appearing for the petitioner on drawing our attention to the Lower Courts record and the impugned judgment submits that this is absolutely a case of no evidence, since the allegation of rape upon the victim was not been proved against the petitioner an..Category: Criminal Law | Date: | Hits: 57
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....¦Ÿ à¦à¦¾à¦¬à§‡ পà§à¦°à¦¤à§€à§Ÿà¦®à¦¾à¦¨ হয়। 12. It is needless to say that a person cannot be punished, unless he is found guilty beyond all reasonable doubt. In our considered view, the facts, circumstances and evidence on records in the present case do not press home the charge framed......orney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 9.8.2004 passed by Metropolitan Special Tribunal No. 6, Dhaka in Metropolitan Specia......the investigating officer. 5. After closing the prosecution, the appellant was examined under section 342 of the Code of Criminal Procedure, when he reiterated his innocence and declined to adduce evidence in defense. After conclusion of trial, the learned Judge of the Tribunal found him guilty o..Category: Criminal Law | Date: | Hits: 44
State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)
....he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......titioner. Nurul Islam Sujan, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 508 of 2010. (From the judgment and order dated 12.8.2010 passed by the High Court Division in Criminal Miscellaneous Case No.18889 ......victim on 02nd February, 2010, the High Court Division has committed error of law in enlarging him on bail. 5. We have heard the learned Additional Attorney General, perused the F.I.R, the medical evidence and the impugned judgment. The High Court Division while enlarging the respondent on bail n..Category: Criminal Law | Date: | Hits: 46
State Vs. Mirza Abbas, 2010, 39 CLC (AD)
....case in failing to notice that the accused being a very influential person, if he is enlarged on bail he would influence the investigating agency. 3. We have given our anxious consideration to the facts and circumstances of the case. The petitioner, was shown arrested in this case on 27th June, 2...... with Jamir Uddin Sirker, Senior Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No.498 of 2010. (From the judgment and order dated 24.8.2010 passed by the High Court Division in Criminal Appeal No.23762 of 2010.) ...... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114...Category: Criminal Law | Date: | Hits: 42
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ng aside the judgment and order dated 25.04.2004 passed by the Member of the Administrative Tribunal No.1 in Case No.89 of 2000 and also dismissing the A.T. Case on the point of limitation. 2. The facts, in short, are that the petitioners are 295 in numbers and are the compositors in one employme......) 111, 63 DLR (AD) (2011) 119. ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..Category: Administrative Law | Date: | Hits: 215
Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)
....etition for leave to appeal is directed against the judgment and order dated 23rd April, 2007 passed by the High Court Division in Writ Petition No. 4495 of 2004 making the Rule absolute. 2. Short facts are that the writ petitioner was proprietor of a firm and engaged in the manufacture of M.S. r......bedin J Md. Abdul Matin J The Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others......................Petitioners Vs. Messers Khalil Steels represented by its propr......he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
....deration of material evidence on record on the part of the learned Additional District Judge and that being so the Additional District Judge being appellate court and thereby being the final court of facts, its judgment is not liable to be interfered with."
and thus found that the trial Court arr......6.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the High Court Division in Civil Revision No.1480 of 1997.)
...... the suit land along with other land, inasmuch as the same being a registered deed of sale executed and registered about 90 years old and negative presumption of the same could only be formed through evidence keeping in view of the development and circumstances consequent to the execution and regist..
Category: Property Law | Date: | Hits: 81
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
....n for Leave to Appeal is directed against the judgment and order dated 20.01.2009 passed by the High Court Division in Writ Petition No. 10143 of 2008 rejecting the writ petition summarily. 2. The facts of the case, in short, are that upon announcement of the election schedule for Upazila Parisha......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedm J Md. Abdul Matin J Yusuf Jamil Babu.....................................Petitioner Vs. Bangladesh and others .........................Respondents Judgment February 5, 2009. Lawyers Involve......¦‰à¦ªà¦œà§‡à¦²à¦¾ পরিষদ অধà§à¦¯à¦¾à¦¦à§‡à¦¶, ২০০৮। 5. Moreover, the contention, if any, as urged by the learned Counsel for the petitioner, could be considered on material/evidence in a proper forum, i.e. the election tribunal. At the moment, we could not but, on the avai..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts and materials, particularly the agreement, by his judgment decreed the suit on 7-10-91 in part...... High Court Division (Special Original Jurisdiction) Present: M Amin Chowdhury J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Am....... But in spite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
.... and voluntary, but those are the products of physical torture and as such the same may not be considered against them. 7. The learned trial Court in consideration of evidence on record as well as facts and circumstances of the case, however, found the accused-appellants and another guilty for th....... This Case is also Reported in: 52 DLR (2000) 566. ...... After close of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, as could be gathered from the trend of cross-examination, is total..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... Advocate—For the Applicant. Md. Aftabuddin—For the Respondent. Income Tax Reference Application Nos. 37, 38 and 39 of 1994. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in those references and, as such, they were heard together and being disposed of ......issioner of Taxes Vs. Titas Gas Transmission & Distribution Co. Ltd. Dhaka, 46 DLR 332; 142 ITR 528; 44 ITR 847; Commissioner of Income Tax, Andhra Pradesh Vs. Gopi Krishna Muralidhar, 47 ITR 469 and 51 ITR 835. Lawyers Involved: MA Noor, Advocate—For the Applicant. Md. Aftabuddin—......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ent and order dated 26-6-84 passed by the learned Registrar of Trade Marks in Opposition Case No.64/82 whereby the objection of the objector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY†shoes, file...... (2000) 546. ......ion of the mark of the respondent No.1 who is the proprietor of the mark and thus sought for refusal/rejection of the opposition of the appellant. Neither of the parties in this case adduced any oral evidence before the Registrar but both the parties adduced evidence through affidavit along with Ann..Category: Intellectual Property Law | Date: | Hits: 210
....out its entire assets to the defendant No.1 and 2 of the instant suit (appellants) and they stepped into the shoes of M/S Imperial commercial Industries. From the evidence of P.W.1 we find that those facts have been admitted by the P.W.1. The P.W.1 has also admitted in his examination in chief that ...... I agree.
Ed.
This Case is also Reported in:
...... to withdraw money from HRC Case No. 224 of 1983?
5) Whether the plaintiff is entitled to get a decree as prayed for?
6. Both the parties examined witness and their documents were admitted into evidence.
7. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 ..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....f the Subcontinent as well as from the Commonwealth and the United States of America, we also had the benefit of hearing Mr. Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the case brought against the convicted detenu are no longer of much relevance since on the ...... MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......e benefit of hearing Mr. Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the case brought against the convicted detenu are no longer of much relevance since on the evidence adduced at the trial the guilt of the accused was accepted as proved beyond doubt and the s..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....i, Chinese axe and Ram Dao. This view of ours gets support from the case of Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others reported in 39 DLR (AD) 59. The facts of the reported case are no doubt different but the principle and rules of interpretation invo......Ali…..………….Appellants Vs. State……………Respondent Judgment June 4, 2000. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangsth......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544...Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....ule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting aside abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit be......reme Court High Court Division (Civil Appellate Jurisdiction) Present: Mahfuzur Rahman J Gour Gopal Saha J Shakainath Mohanta………….Appellant Vs. Md. Tatikuddin Mondal and others……………Respondents Judgment May 26, 1999 . Case Referred To- Azimunnes......hips found that if at all abatement took place on account of the death of deceased defendant No.17 Nur Mohammad, the said abatement could be set aside in due course of law. PW.1 clearly stated in his evidence that the plaintiff had no earlier knowledge about the death of deceased defendant Nur Moham..Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
.....40 being 50% of the total decretal amount has been deposited before the Artha Rin Adalat by Bank Guarantee and the Artha Rin Adalat has already accepted the aforesaid Bank Guarantee. Considering the facts and circumstances of the case and the practical difficulties in order to comply with the requi......537.......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....s were directed to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 pending in the Nalishi Adalat ‘Ka’ Anchal, Satkhira should not be quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are ......laneous Case No.767 of 1997 with 145 of 1997. Judgment Md. Hamidul Haque J.- By these two Rules, opposite parties were directed to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 pending in the Nalishi Adalat ‘Ka’ Anchal, Satkhira should not be quas......an account in the bank and that the amount of the cheque may be withdrawn from that bank account by the payee. But when such a cheque is dishonoured, it will not be a criminal offence unless there is evidence to show that after issuing of the cheque, the person issuing it has done something more to ..Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
.... since the order of detention and approval and extension thereof have already been held to have been made without lawful authority, even if there was service such service is of no consequence. In the facts and circumstances, other grounds need not be gone into. 20. In the premises as aforesaid it......dul Matin J Mehnaz Sakib……………Petitioner Vs. Bangladesh…………..Respondents Judgment May 30, 1999. Cases Referred To- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Md. Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Government of......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......risdiction) Present: Mainur Reza Chowdhury J MA Aziz J Tarique Rahman………………………Petitioner Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh and others ……………..Respondent Judgment March 23, 1999. Cases Referred To- Sonto......is nothing to suggest that the respective petitioner was made accused and formal accusation had been made against him and it cannot, also, be said that as accused person he is being compelled to give evidence against himself, Article 35(4) of the Constitution will be attracted only, if the proceedin..Category: Criminal Law | Date: | Hits: 69
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