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Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)
....in Other Class Appeal No.10 of 2007 dismissing the same on affirmation of those dated 16.11.2006 passed by the Senior Assistant Judge, Mithapukur, Rangpur in Other Class Suit No.51 of 1993. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was ......onal application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 103
Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)
....l No.13 of 2004 dismissing the appeal and thereby affirming those dated 30.9.2003 passed by the Senior Assistant Judge, Sundarganj in Other Suit No. 123 of 1998 decreeing the suit in part. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was ......plication before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 92
Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)
.... in Other Class Appeal No.47 of 2006 dismissing the appeal on affirmation of those dated 31.8.2006 passed by the Senior Assistant Judge, Sadar, Joypurhat in Other Class Suit No. 27 of 1998. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was ...... This Case is also Reported in: ......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 98
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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, Bangs......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Ru......e 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:20 BLT (HCD) (2012) 15. ..Category: Procedural Law | Date: | Hits: 95
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....ent and considering past activities of a person the authority may form basis of satisfaction to prevent, him from doing prejudicial act in future. 14. After giving our anxious consideration to the facts and circumstances of the case we are of the view that the impugned order of detention does not...... Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others……………………………………....Respondents Judgment February 9, 2003.......eventive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced." 10. From the afo..Category: Criminal Law | Date: | Hits: 55
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....W 1 Sheik Abdur Razzaque over seizure of aforesaid articles. PW 4 and 5 though identified their signatures on the seizure list but denied to have witnessed any seizure of the articles. In view of the facts and circumstances of the case and the evidence on record it did not appear to us that the seiz......iminal Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment and order dated 13‑11‑2000 passed by the Sessions Judge at Jessore in session case No. 39 of 199......as PW 8 as the investigating officer. He testified that he investigated the case and after receipt of the chemical examiner's report he submitted a charge-sheet. 14. After close of the prosecution evidence, coming both the accused were examined under section 342 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 90
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......se is also Reported in: 51 DLR (1999) 563.......ence and the inquiry report was neither supplied to him nor shown to him and he was not also given any opportunity to cross-examine any witness or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without la..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561....... High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Nurul Islam J Maliha Banu……………………. Petitioner Vs. Deputy Commissioner of Taxes and others ……………Respondents Judgment July 23, 1997. Lawyers Involved: Mohammad......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....judgment of my learned brother Justice Surendra Kumar Sinha. Shah Abu Nayeem Mominur Rahman J.- I have gone through the main judgment of my learned brother Justice Surendra Kumar Sinha. 4. The facts and the issues involved in the contempt proceeding have been discussed in detail in the main j......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and othersâ€......or corporation has the benefit of the Court, as in the case of borough and city Courts of record. The proceedings of a Court of record preserved in its archives are called records, and are conclusive evidence of that which is recorded therein." 19. Corpus Juris explains the expression as follows:..Category: Criminal Law | Date: | Hits: 164
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....na fide human error and that as to whether the same came within the provision of rule 18 of Order VII of the Code of Civil Procedure. Their Lordships of the Appellate Division on consideration of the facts of the reported case held “Accordingly, we hold that in an appropriate and proper case, t......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ...... of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after consideration of the evidence that would be produced by the respective parties; that the plaintiff in support of his pray..Category: Civil Law | Date: | Hits: 90
....ade by Md. Abul Kashem. Being aggrieved by the aforesaid order of the Taxes Appellate Tribunal the assessee applicant preferred this reference and raises the following questions-
“Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal, Additional Bench-2, Dhaka i......nal Jurisdiction)
Present:
Syed Amirul Islam J
Shah Abu Nayeem Mominur Rahman J
Serajul Hoque………………………………..Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent
Judgment
August 18, 1999.
Lawyers Invol......e case and most illegally disallowed the gift, made by Md. Abul Kashem simply on the ground that the letter sent to donor Md. Abul Kashem came back unserved but did not consider the material piece of evidence that is, the certified copy of statements of account of the donor and the affidavit sworn b..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....ecution. It is unfortunate that the learned Special Judge was oblivious of the provisions of law regarding his power and limitation in trying a case under the Criminal Law Amendment Act, 1958. In the facts of the case, I am constrained to hold that the learned Special Judge acted illegally and witho......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1......t jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that in view of the fact that in the absence of any reliable evidence on record to prove that the accused appellant Eman Ali, in violation of the trust, illegall..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
.... on proper consideration of the evidence the learned trial Court as well as the learned Sessions Judge convicted and sentenced the accused petitioner under sections 279/304B of the Penal Code. In the facts and circumstances of the case and the materials on record I am satisfied that the guilt of the......€”the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, aff......elonging to the same owner and the accused petitioner has been falsely implicated in the case with oblique motives. 7. The learned Magistrate on detailed discussion and proper consideration of the evidence of the 6 witnesses examined by the prosecution found the accused petitioner guilty under se..Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....ear as to whether the learned Magistrate dismissed the petition of complaint holding that the claim of the complainant or that he is taking adjournment in order to harass the accused. In view of such facts and circumstances we are unable to support the impugned order and, as such, the same is liable......Court Division (Criminal Appellate Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J A Jabber Howlader.……………………….Appellant Vs. Ali Akbar Howlader and State………………………………Respondents Judgment July 21, 1999. Lawyers In......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....guilty under section 304B of the Penal Code as his guilt was proved beyond all reasonable doubts. The learned Magistrate duly took into consideration the material evidence on record and the attending facts and circumstances of the case and reached his conclusions on assigning cogent reasons. It is f......r the Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal App......z Huq, the learned Advocate appearing for the petitioner, submits that in view of the fact that the prosecution has failed to prove the charge against the accused appellant by any reliable and cogent evidence the impugned order of conviction and sentence is liable to be set aside. The learned Advoca..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....he respondents they have made an attempt to regularise all technical violations of the Import Policy Order and, as such, there was no legal basis for the respondents to pass the impugned order on the facts and circumstances of the case. The learned Advocate further submits that it is apparent from t......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ......me under section 168(1) of the Customs Act as the goods are liable to be confiscated under section 156(9) of the Customs Act. The learned Attorney-General further submits that there is not an iota of evidence on record or any materials to show that the customs authority had ever adjudicated the matt..Category: Fiscal/Taxation Law | Date: | Hits: 83
....f Rahman, Advocates—For the Respondents.
Writ Petition No. 2498 of 1998 with Writ Petition 2578 of 1998.
Judgment
Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts and the points of law involved are exactly same. And these shall be disposed of by this common......ead the Appellate Division Judgment here.
Supreme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Md. Arayesuddin J
Rabia Bashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. &......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
.... learned Appellate Judge after giving ten adjournments because of their absence, ultimately heard the appeal ex parte on 9-11-1991 and delivered the judgment on 11-11-1991. 9. In view of the above facts and circumstances, the miscellaneous case filed under Order XLI rule 21 is liable to be reject......This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellan......The aforesaid joint mutawallis contested the said application for their removal by filing a joint written objection on 15-9-1982 denying all material allegations. The Administrator of Waqfs on taking evidence adduced by both the parties, dismissed the application brought by this petitioner by his or..Category: Trust/Waqf Law | Date: | Hits: 189
....255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.
2. In all the above mentioned 3 writ petitions Rules were issued calling upon...... also Reported in: 52 DLR (HCD) (2000) 299.
......ka Football Team through any of the office bearers, the receipt of an amount on account of selling of goodwill of BJMC Football team by the petitioners is not proved and could not produce documentary evidence of receipt and payment such huge amount of sale of goodwill by the petitioners. It appears ..
Category: Employment/Service Law | Date: | Hits: 87
....y of the order under challenge warranting any interference by this Court in the exercise of Civil Revisional Jurisdiction under section 115 of the Code of Civil Procedure.
4. A brief resume of the facts emerging from the Civil Revision Petition, the plaint, written statement and other papers plac...... below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......injunction the only matter that is needed to be seen is whether the plaintiff who seeks a decree for permanent injunction can prove exclusive possession on the suit property by substantial and cogent evidence.
17. From the language used in Order 26, rule 9 of the Code it is manifested that a loca..
Category: Property Law | Date: | Hits: 68
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