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Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....amrul Huda and the relevant IBCAS remained in his custody but subsequently these were surreptitiously caused to be removed for the purpose of destroying evidence of forgeries and fabrications. In the facts and circumstances of the case, the complicity of the accused appellants must be found to have ......own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......ant vouchers in connection with the collection of the cheques in question were dishonestly removed by the accused persons from the bundles of vouchers reserved by the bank in their bid to destroy the evidence of fraud and forgery for criminal misappropriation. In this way the accused persons in coll..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....ound to fail in the form as framed. The suit was decreed by a single Judge. 26. On careful perusal of the plaint we find that learned Advocate could not be sure as to how to seek the relief in the facts and circumstances of the case. There is more than one amendment by both parties. Even thereaft......pellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 200......on 27-7- 95 the lease deed was registered. Name of Jabbar Kadri could not be found in respect of the suit land. They claimed that the claim of defendant No. 1 was not correct. 10. The parties lead evidence in support of their respective cases. The learned Subordinate Judge dismissed the suit. ..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....l Procedure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs institu......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....gment of reversal as the appellate Court failed to comply with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he submits that without considering the facts and circumstances of the case and the evidence on record the learned District Judge allowed th.........................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and another, AIR 1922 Madras 219; R......led to comply with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he submits that without considering the facts and circumstances of the case and the evidence on record the learned District Judge allowed the appeal just on the basis of memorandum of ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr......rt No. 1 and affirmed by the CMLA, submits that the impugned judgment and order of conviction and sentence are liable to be struck down as without jurisdiction on the ground that this is a case of no evidence and also that the trial should be taken to have been vitiated as it was held without taking..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....r Counsels at length. The main question facing us is, whether the learned Subordinate Judge was justified in decreeing the suit in its entirety. Fate of the suit appears to depend more on law than on facts. 47. On 8-1-97 the plaintiff Instituted the suit for a decree for declaration of his title ......ivil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- ......ndant No. 2 was a partnership firm. Defendant Nos. 3 and 4 were partners of defendant No. 2, firm. The agreement was filed in other Suit No. 151 of 1992. He also tendered a copy of the agreement into evidence. He identified the signatures of his managing director on the agreement. After comparison w..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
.... CR Case No. 38 of 2001, now pending in the Court of Magistrate First Class, "Kha Anchal" Magura, should not be transferred to any other competent Court of other Sessions Division. 2. The relevant facts giving rise to the issuance of the Rule are that the opposite party No. 2 Md. Meshab Uddin Kay......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J AKM Asaduzzaman J Mahfuz Anam & others………………………Accused-Petitioners Vs. State and another ……………………………..Opposite Parties Judgment June 25, 2005. Law......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....an and then got the house built thereupon by his own money is the moot issue in these appeals. 42. In order to appreciate the conflicting submissions of the learned Advocates we need to place some facts before us, which admit of no controversy. In 1963, Mokhlesur Rahman went to England and starte...... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref...... Mukhlesur Rahman submitted a written statement in the suit of his brother Shamsul Haque but supported his case. 26. Both the suits were tried together, and disposed of by one judgment. One set of evidence was recorded in the subsequent suit with, reference to the parties therein. 27. On the a..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....dings of the parties in all the writ petitions together with the annexures appended thereto which also include the evidence adduced by the parties in the Labour Court. On overall consideration of the facts and circumstances as well as the evidence and materials on record in these 9 cases we find tha......orted in: 58 DLR (2006) 46....... nature came to an end. Hence there was no warrant in law to treat their employment as permanent and the labour cases were therefore liable to be dismissed. 5. The Labour Court having recorded the evidence adduced by both the parties and hearing the arguments advanced by the learned lawyers of th..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....entence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learned Sessions Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant PW 1, Sub......…………..Petitioner Vs. Mukul @ Swapan……………………………………………………..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD...... examine any defence witness. The condemned prisoner, however, submitted a written statement during his examination under section 342 Cr.P.C. 8. The learned Sessions Judge, on consideration of the evidence on record and hearing the learned Advocates of both the sides, found the accused Mukul @ Sw..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......lant Vs. State ………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem M......ution witnesses the accused persons on dock were examined under section 342 of the Code of Criminal Procedure when they made no statement except the plea of innocence as before and declined to adduce evidence. Then the learned Additional Sessions Judge on consideration of the evidence on record by t..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Tel/2002-11777 dated 7-8-2004 issued by respondent No. 2 under the signature of respondent No. 6 (Annexure-Al) should not be declared to be without lawful authority and of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are; On 22-11-1998, the Ministry of Posts and T...... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....etition No. 28 of 2002)
Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3.
Writ Petition Nos. 28 and 1971 of 2002.
Judgment
Syed Amirul Islam J.- Common question of law and facts are involved in these two Writ Petitions and, as such, they were heard together and are being ......ussain Haider J
Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
......
10. It was argued by the learned Assistant Attorney-General that the earlier writ petitioner did not take any specific ground on the legality or otherwise of the demand made by the VAT authority as evidenced by Annexure-'C' to that application. To meet the argument suffice it to say that the petit..
Category: Fiscal/Taxation Law | Date: | Hits: 81
....gned order, rejecting the prayer under section 151 of the Code of Civil Procedure.
8. Mr. Md. Moksed Ali referred 1985 BLD 157 Kamal Anwar and others Vs. Md. Kabir Khan. In this reported case, the facts are almost same. Mostafa Kamal, J (as he then was) held, “the order of dismissal for default......as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502....... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....on whom the onus proof lies in this case. The plaintiffs claim that they are citizens of India whereas the alleges that they are citizens of Pakistan. Ordinarily, it is for the plaintiff to prove the facts on which his prayer for relief is based. But if the plaintiffs are able to prove that they wer......CD) (2001) 496.......and continues to be so residence.” 15. It is not denied that the appellant was born in Bangladesh and his parents were also citizens of this country. Both the Courts below without discussing the evidence of the plaintiff, refused the declaration as prayed by him in the instant suit, that he is ..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....so not been examined. One Hari Sadhan has been examined as P.W.2 who could not prove the genuineness of the endorsement as to its contents. 14. It is a dispute involving the point of law more than facts, to be decided whether the transfer by Exhibit 2 was a mortgage which took place in the year 1......bu Sayeed Ahammed J Anindra Bhusan Ghose………………Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Adv......ndorsement alleged to have been made by the transferees. Panchanan himself and Surja Kanta on behalf of his son, Santosh and giving back the suit land to the vendors of the plaintiffs, as there is no evidence that said Santosh was a minor and his father in any manner had authority to make endorsemen..Category: Property Law | Date: | Hits: 85
....r, upon the viva-voce examination of the parties, to make a justice award between them. Witnesses should not be sent for, except when the officer is unable without them to come to a decision upon the facts of the case”.
The Deputy Commissioner has been invested with the power to decide civil di......LR (HCD) (2001) 488.
...... in case of dealing with civil disputes by the Deputy Commissioner in the Chittagong Hill Tracts. No power has been invested to the Deputy Commissioner to decide civil rights of the parties on taking evidence. A person or persons to constitute a ‘Court’ who must be entrusted with judicial functi..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....lged by cross-examination by the defendants in this suit and it has got substance and can be accepted for making the conflict simpler and easy to understand and to be decided. 28. In the aforesaid facts and circumstances of the case and evidence on record and from the order passed by Exhibit 6 by......2001) 481....... Naderuzzaman, husband of plaintiff No.2, was karbari for her in the matter of Exhibit 1(a). Naderuzzaman Mia is Chairman, Union Council. He is ill for the last 516 months. 27. This portion of the evidence brought by the plaintiff appellant’s witness as P.W.1 was not, in fact, challenged and co..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
..... On reappraisal and reassessment of evidences of three police witnesses (P.W.s 1, 2 and 3) we are, also, of this view that their testimonies were credible and trustworthy and inspire confidence. The facts and circumstances of the referred case got no bearing at all in the fact and circumstances of ......State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifical....... Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of inviting enmity w..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a s......53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
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