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KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51....... that KM Obaidur Rahman was arrested on 29-9-98 and falsely implicated in the case to harass and humiliate him. He is a Member of Parliament and he lives with his family in Bangladesh and there is no question of his abscondence if the prayer for bail is allowed. The learned Counsel further mentions ......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......e. 22. Usually, as a matter of caution, Court requires some material corroboration to an extra- Judicial confessional statement, a corroboration which connects the accused person with the crime in question and extra-Judicial confession, if true and voluntary, can be relied upon and a conviction c......l) and also that he would arrange land for him from his father and with all these allurements the accused persons killed his father. This witness further stated that accused Khaleque stated all these facts before the Magistrate and admitted his guilt. This witness further stated that witness Zakir H..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......ter submission of charge-sheet and taking of cognizance of the offence by the Court against a person on the basis of such charge-sheet that he is being wanted by the police to harass him. There is no question of police harassment after submission of charge-sheet. In that view of the matter anticipat......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42...Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......contended by the learned Assistant Attorney-General that on a close scrutiny of the said passport it is seen that there was no visa for going to any country of the world or to the destination and the question of Transit Visa and staying in United Arab Emirates did not arise and there is also no endo...... of 1998 it has been stated that the accused-petitioner Badsha was the hired killer of co-accused Harun and he voluntarily made a confessional statement before the Metropolitan Magistrate stating all facts as to how they conspired to kill victim Ratan Mia and ultimately killed him on the date of occ..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......e be any). The condition No. 3 of the registration/approval was neither redundant nor lost its force. Since the petitioners were treated in accordance with the expressed provisions of law there is no question of infringement of Article 31 of the Constitution and application of Article 40 is "subject......lly child health, which contain alcohol, and the reporting was general in nature, which was also reported by other newspapers too and in making such reporting they did neither twist nor embellish the facts, rather, the experts' findings have supported their contentions that the products are ‘alcoh..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......be taken as an admission on the part of the respondent in the participation of the murder and a conviction can be given basing upon it. Taylor in his Law of Evidence, Eleventh Edition, dealt with the question and elicited the rules with regard to the general law of admission as under: "the whole s......he statement should be regarded as equally deserving of credit; but the jury must consider, under the circumstances, how much of the entire statement they deem worthy of belief, including as well the facts asserted by the party in his own favour as those making against him." 12. With regard to cr..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......t the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of b......ove Civil Petition No. 1499 of 2007 is directed against the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and bot..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12....... sons his one grand son and two surviving sons as its owners and possessors sold the same to the vendor of the plaintiff and ultimately the plaintiff by purchase become its owner and possessor. These questions are all about the facts and all the facts were finally decided by the final Court of fact ......two surviving sons as its owners and possessors sold the same to the vendor of the plaintiff and ultimately the plaintiff by purchase become its owner and possessor. These questions are all about the facts and all the facts were finally decided by the final Court of fact in favour of the plaintiff w..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......o acquire title by unauthorized possession against Government it requires 60 years which start from 1993 not before that. We find learned Judge perfectly and rightly dismissed the suit. 10. On the question whether the learned Judge could direct the Government to sell the property to the plaintiff......ect that he got possession of the suit land on 04.02.1997 and got the registered sale deed on 24.12.1997 and he is paying rents mutating his name in the records of right. Considering the aforesaid facts and circumstances and the observations made by the High Court Division, quoted hereinabove, we..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4........06.2004 passed by the learned Senior Assistant Judge, Barguna Sadar in Title Suit No.161 of 1999 decreeing the suit. 2. The respondent as plaintiff instituted a suit for declaration of title. The facts leading to institution of the suit, in short, are that the property situated at Boaul Kar Mouz..Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1....... We have perused the judgments of the Courts below as well as that of the High Court Division and other materials on record. Only point agitated by the learned Counsel for the petitioners is that the facts of the case is distinguishable from the facts of the case of Abdul Khaleque Vs. Abdul Noor and..Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ...... the plaintiff being successful to prove that Rahim Box and Bonde Ali were brothers and that both the Courts below earlier coming to the finding on this issue on the basis of evidence on record, this question could not be decided again in a review application filed by the defendants and the learned ...... along with the said issue the trial Court decreed the suit. And it appears that the said issue was also taken up before the appellate Court. The lower appellate Court after lengthy discussion of the facts and circumstances and evidence in support of the possession of the plaintiff found that the su..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Ta..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......lam Chowdhury— For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General— For the Respondents. Writ Petition No. 511 of 1998. Judgment AM Mahmudur Rahman J. - This Rule calls in question the levy of customs duty on the basis of Tariff value instead of registration value pursuan......ioner filed an application for such relief under the Scheme. But the conditions could not be fulfilled. Therefore, the contention on the doctrine of promissory estoppel has got no role to play in the facts of this case. The principle laid down in Mannan’s case, 42 DLR 107 (AD), has no role to play..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......etitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 3. The petitioner’s further case is that the land in question is situated vertically from north to south. They have been possessing the same from the sou......k and respondent No.4, the auction purchaser contested the Rule by filling two separate affidavits-in-opposition. Respondent No.2 in its affidavit-in-opposition did not specifically deny the material facts of the writ petition except the statement that “the petitioner is not a third party of the M..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......he Chairman of the Managing Committee, or in absence of Managing Committee by the District Education Officer and to send it for encashment to the bank concerned. Before forwarding it to the bank, the question of signing the same by the petitioner did not arise. Even then, the petitioner was very muc...... to show cause as to why he should not be prosecuted for committing contempt of Court by violating order dated 27.8.2006 passed by the High Court Division in Writ Petition No. 8022 of 2006. 2. The facts leading to the present Contempt Petition are that the petitioner, Md. Solaiman Ali Hamedi was ..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......hat she would transfer her land to him; that she had willingly executed the deed of Heba-bil-Awaj in presence of the witnesses, and had full knowledge and understanding of the contents of the deed in question. 5. On the aforesaid pleadings the trial Court framed issues mainly on maintainability, ......d in the cause list and called for hearing, but no one appears for either of the parties. In view of the matter pending for a long period of more than 22 years, it is taken up for disposal. 3. The facts leading to this civil revision, as it appears from the record, are that the predecessor-to-int..Category: Property Law | Date: | Hits: 54
Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)
.... 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: ...... 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: ......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 ..Category: Procedural Law | Date: | Hits: 103
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