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Kashem Vs. State, 2001, 30 CLC (HCD)
....nd are designed to advance the cause of justice and not to obstruct it, No technicalities should, therefore, be allowed to stand in the way of administering even-handed justice as dictated by law and good conscience. 24. We are, therefore, of the view that in the absence of any cogent reason to d...... 9. Mr. AQ Rashid Ahmed the learned Assistant Attorney General appearing for the State, on the other hand, submits that the learned Tribunal, on proper discussion and consideration of the evidence on record was fully justified in convicting and sentencing the appellant under section 19(A) of the Arm......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17....... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17....... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17...Category: Civil Law | Date: | Hits: 104
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....sis of materials before him, that the judgment-debtor has willfully disobeyed or violated injunction. Such a course is also grossly violative of the principle of natural justice. Prudence, equity and good conscience revolt against such a preposterous proposition. 13. In view of the fact that a de...... failed to obey it, the decree may be enforced by detaining him in Civil prison or by the attachment of his property or by both. 10. In the facts and circumstances of the case and the materials on record, it must be held that the learned Senior Assistant Judge clearly erred in law in dismissing t...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....binNama for Taka 10,000.00. The said incident has been proved by P.W.s 5 and 8. The evidence further shows that though the deceased was re-married by the appellant No.1 but their relationship was not good and she was subjected to torture by her husband and other inmates of the house and ultimately j......committed suicide by taking poison and the mother of the deceased implicated the accused persons falsely in the instant case out of grudge. 6. On consideration of the evidence and circumstances on record the learned Sessions judge found appellant No.1 Joynal Bhuiyan guilty under section 302 of th......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......e of occurrence, paddy land including the skeleton and wearing apparels of victim Salma. Photographs had been marked as Material Exhibit III (a). 7. Condemned Prisoner made a confession which was recorded by Mr. Nani Gopal Biswas, Magistrate, First Class, Manikganj, PW 13 under section 164 of Th...... support to the statements of PWs 1 to 11. He stated that accused Moslem made inconsistent statements. On his advice accused Moslem was handed over to police. 29. PW 18 Police Constable proved the service of warrant of arrest upon witness Nazrul. 30. PW 19 Meher Jan, younger sister Sahena PW 1..Category: Criminal Law | Date: | Hits: 82
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......s been fixed for hearing without hearing the application for vacating the order of stay.
3. Learned Advocate for the petitioner after placing the petition, impugned judgment and other materials on record submitted that learned Additional Sessions Judge acted illegally in passing the impugned judg......dra Bhattacharya @ Achri. Thereafter on 22-4-91 Officer-in-Charge Gomostapur PS submitted a report to the Upazila Magistrate to draw up a proceeding under section 145 by the said court as in spite of service of notice under section 154 of the Penal Code and arrest of the petitioner and opposite part..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....r inherent power to make orders necessary for the ends of justice or to prevent abuse of the process of the court. Under the section Court can act ex debito justitiae according to equity, justice and good conscience of a cause but always in consonance with sound judicial principles. The Court cannot......ies. Civil Revision No. 439 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Cour...... tenants on the property described in schedule to the plaint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintif..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170...
Category: Fiscal/Taxation Law | Date: | Hits: 65
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......on for addition of party filed by Shamsul Arefin, is hereby disposed of.
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ignature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusion with the settlement clerk managed to record his name in SA Khatian as owner of the suit land. The last RS record has been published in hi......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......ness activities. Although in the second set of reference applications the Commissioner of Taxes contested but they did not file any affidavit-in-opposition. Thus, it is apparent from the materials on record that these corporations did not carry on any business in the assessment years under considera......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....considering the evidence of PWs came to the conclusion that Jamina Khatoon is the fufu of the defendants and the plaintiff No.1 purchased the suit land and got possession from their fufu and acquired good title, interest and possession the suit land. But the appellate Court wrongly held that Jamina ......chase the plaintiff did not acquire title or possession in the suit land and prayed for dismissal of the suit. 5. The learned Assistant Judge considering the evidences both oral and documentary on record decreed the suit with cost. 6. Being dissatisfied with the aforesaid Judgment and decree o......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....of US $ 45,936 for import of finishing agent from Korea. The appellant received invoice dated 10-8-2000 and bill of lading dated 16-8-2000 in respect of the consignment. After arrival of the imported goods bill of entry was submitted to the customs authority for release of the consignment. The consi......(b) makes any statement in answer to any question put to him by any officer of customs which he is required by or under this Act to answer, or (c) transmits any statement, document, information or record through electronic device or produces soft copy thereof. And such document or statement is......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......gun was not examined to prove that shot was fired from the seized gun. 5. As it appears the High Court Division accepted death reference and dismissed criminal appeals holding that the evidence on record show that the prosecution case as made out by the informant, P.W.1, has been fully corroborat...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ...... to the saham of the plaintiffs causing inconvenience to the defendants. 3. The learned Assistant Judge on examination of the learned Advocate Commissioner in Court and considering the evidence on record rejected the objection and accepted the commissioner's report and made the decree final vide ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......etitioner has filed this petition for review. 13. Heard Mr. Ajmalul Hossain, the learned Counsel appearing for the petitioner and perused the petition and the impugned judgment and other papers on record. 14. The learned Counsel submits that this Division erred in law apparent on the face of t......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....se of the opposite party in the petition of review that the petitioner was not seriously ill on the date of filing application for commission before the learned Munsif i.e. on 13.9.84 and he was in good health to appear before the Court in person and depose. The present petitioners case is that ......ion on commission and the copy of the same was duly served on the learned Advocate of the contesting defendants. The learned Munsif after hearing allowed the prayer and appointed a commissioner for recording the evidence of the plaintiff on commission. It is also the case of the petitioner that ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
.... the contempt matter from Comilla Bench to Dhaka Bench. The prayer was allowed and that is how the matter remains to be disposed of by this Bench. 4. Service on the contemner No.1 was deemed to be good service by our order dated 18.8.87. Contemner No.1, however, has made no appearance. Contemner ......ot escape the process of law and he has no justification whatsoever in writing the captioned letter and in sending the same for publication. He has not entered appearance and there is no defence on record. He has committed a gross contempt of Court and we find him guilty and convict him for the sa......contempt matter from Comilla Bench to Dhaka Bench. The prayer was allowed and that is how the matter remains to be disposed of by this Bench. 4. Service on the contemner No.1 was deemed to be good service by our order dated 18.8.87. Contemner No.1, however, has made no appearance. Contemner Nos. ..Category: Criminal Law | Date: | Hits: 35
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......falsely implicated in this case out of enmity and the informant himself committed murder of the deceased Shafizuddin Jamadder. 6. The learned Sessions Judge, however, considering the evidence on record convicted the appellant Ezahar Sepai under section 325 of the Penal Code but he acquitted o......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......witnesses, D.Ws. 2 and 3. All the witnesses were cross-examined by the other side. Several documents were exhibited by both parties. 4. The said Tribunal discussing the entire case and evidence on record by its judgment and order under appeal found the appellant guilty of gross professional m......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
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