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Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....rresponding to GR No. 128 of 2003 under sections 406/420/467/468/471/109 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule is that, the opposite party No. 2 as informant lodged ....... Ashfaqul Islam J Mohammad Syed………………………………………………………………………….....Accused-Petitioner Vs. State, represented by the Deputy Commissioner and another…..Opposite-Party Judgment February 17, 2004. Lawyers Involved: Md. Khurshi......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....site party No.1 from the charge under section 6(5) of the Muslim Family Laws Ordinance 1961, shall not be set aside or any other order passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of the opposite party No.1 Idr......ondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal N......fore the Magistrate 1st Class, Mymensingh, the opposite party No.1 pleaded not guilty with the assertion that he did not marry for the 2nd time. 3. After hearing of the parties and considering the evidence, the learned Magistrate convicted the opposite party No.1 by his judgment and order dated 3..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
.... to why the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complain...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J GM Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is dis......used on any of those days but instead of doing so he adjourned the case upto 4‑11‑2001which was quite in keeping with the provision of section 247Cr.P.C. Moreover, on 25‑9‑2001he recorded the evidence of the complainant. It is necessary for the Magistrate before dismissing the complaint to s..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... 54 = 52 DLR (AD) 8. Lawyers Involved: SM Obaidul Haque, Advocate-For the Petitioner. Md Abdur Rouf Deputy Attorney‑General with Roushan Ara Begum, Assistant Attorney‑General and Fara Mahmuda, Assistant Attorney‑General‑For the State-Respondent. Criminal Revision ......rotection cannot be claimed by any public servant for any act done by him in the capacity of a public servant unless it is established that the act has been done bona fide. But only after considering evidence adduced by the parties in a case, it can be decided whether the act done is bona fide or no..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....ement of PW2 in this case. Evidence recorded in one case may be used in another proceeding under section 33 of the Evidence Act under certain conditions. This section is not applicable in view of the facts that prosecution has used the seizure lists, medical report and confessional statement of the ......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt......‑witness of the occurrence and Sk. Nasiruzzaman (PW14), Md. Sharaf Bepari (PW19), Ferdous Alam Faraji (PW28), Md. Mosharref Hossain (PW8) and Md. Asgar Hossain (PW9) are witnesses of circumstantial evidence. 7. PW1 proves the first information report Exhibit I and his signature Exhibit 1/1. His..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
..... Before adverting to the authorities placed it is profitable to observe that a decision is only an authority for what it actually decides. Every Judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......bstantially bring home the offence against accused-appellants beyond all reasonable doubt? ii) Whether conviction awarded and sentence imposed upon accused-appellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensation of..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
.... XXXII of 1975. Thus, it appears to us that section 8 of Act XX of 2000 made under Act 133 of the Constitution is misconceived and cannot be maintained for want of jurisdiction. Considering all these facts and circumstances we find merit in this Writ petition. 12. In the result the Rule is ma........Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Gover......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Grameen Telecom..................................Petitioner Vs. Dr. Rowshan Alam and others ...............Respondents Judgment October 25, 2010. Result: The petition is......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....Court as to the mode of disposal. It can in exercise of its powers of revision pass any order which may satisfy the justice of the case. What order should be in any particular case will depend on the facts and circumstances of that case. It can in exercise of that power finally dispose of the case i......16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......atement denying the material allegations made in the plaint and claimed that the plaintiff had no right, title, interest and possession in the suit land. 3. The trial court on consideration of the evidence on record by judgment and order dated 25th June, 1995 decreed the suit. Defendant petitione..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
.... the Income Tax Ordinance, 1984. A case of legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The facts of the case in hand do hot admit of any scope of such argument. 18. It may also be stated ......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad ......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....proper and intelligent exercise of discretion. Generally speaking, the main circumstances as would entitle an order for extraordinary remedy of Pre-arrest bail is the Perception of the court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is bein...... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre......mited duration only and ordinarily on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to Regular Court to deal with the matter on appreciation of evidence placed before it after the investigation has made progress or the charge‑sheet has been s..Category: Criminal Law | Date: | Hits: 79
....desh or he has ceased to occupy or manage or supervise or control the property when the P.0.16 of 1972 came into force. In such a situation the High Court Division can not up set the such findings of facts under its extra-ordinary jurisdiction under Article 102 of the Constitution. In the case of Go...... Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgment
June 21, 2009.
Cases Referred To-
Rawsh......ed the suit property in the abandoned property list after observing all the formalities of law and where about of the original lessee Md. Moslem was not known but the petitioner could not produce any evidence or documents that the original lessee Mr. Moslem was very much present in Bangladesh before..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....ney-General—For the Opposite Parties. Writ Petition No. 2293 of 1994 with Writ Petition No. 2261 of 1995. Judgment Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts are alike and the points of law involved are same and these shall be disposed of by this commo......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....ed the applications and set aside the assessment. Thereafter the revenue preferred these two said reference applications and we have been asked to answer the following questions: i) Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal, Dhaka Bench-3 was l......have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, D......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....-3-94 passed by the Assistant Judge, Savar in the District of Dhaka in Title Suit No. 10 of 1994, rejecting the petitioner’s application under section 10 of the Code of Civil Procedure. 3. Short facts relevant for the purpose of the case are that the mother of the petitioner as plaintiff instit......rted in: 51 DLR (HCD) (1999) 149.......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....red illegal and without jurisdiction.
3. Mr. Huq also argued that Banks Evidence Act, 1891 is a special law dealing with bank matters which gives special statutory protection against disclosure of facts relating to a customer. Section 5 of the said Act provides that no officer of a bank shall in ......iginal Jurisdiction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Arab Bangladesh Bank Ltd…………..Petitioner
Vs.
Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents
Judgment
February 12, 1998.
Lawyers Involved:
Rafique-......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....e dead if he is not heard of by his family members and relations for more than 7 years. Section 107 of the Evidence Act speaks of presumption for continuance of life for more than 30 years and in the facts and circumstances of the present case which says that a person is presumed to be dead if he is......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD...... daughter and lone heir Khairunnessa was entitled to continue in possession of the said shop as a lessee under the appellant in order to carry on the business. The trial Court on due consideration of evidence and materials on record decreed the suit. 7. The learned Advocate Mr. Md. Rawshan Ali ap..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....dha in Misc. Appeal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed......by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......t any substance. 7. Mr. Mozaffar Hossain has placed before me the impugned judgments. In view of the submissions made by the learned Advocate, I allowed Mr. Mozaffar Hossain to place before me the evidence of the 5 witnesses examined by the contending parties. There is no dispute in this case reg..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... not guilty and claimed to be tried. The prosecution in support of its case has examined 13 witnesses but the defence examined none. 3. The learned Additional Sessions Judge on assessment of the evidence on record found the petitioners not guilty of the charge under sections 302/149 of the Pena..Category: Criminal Law | Date: | Hits: 49
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ode, pending in the Court of the Judicial Magistrate, Jhinaidah. The High Court Division also made an observation that the concerned Court "may enlarge the petitioners on regular bail considering the facts, circumstances and materials on record" if they surrender as per direction. 2. Mr. Shashank......riminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J The State represented by the Deputy Commissioner, Dhaka………………......Petitioner Vs. Mukta Khan and another……………………..Respondents Judgment February 1, 2011. Case Referred T......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..Category: Criminal Law | Date: | Hits: 55
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