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Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....ly a hearsay witness, which does not in any way improve the prosecution case. PW 5 Belal Hossain is another hearsay witness, which is of little consequence. We have given our due consideration to the facts and circumstances of the case and the evidence on record and we fail to persuade ourselves to ...... Ed. This Case is also Reported in: 54 DLR (2002) 464.......ts that the learned Assistant Sessions Judge was manifestly wrong in convicting and sentencing the accused appellants under sections 386/387 of the Penal Code without properly weighing and sifting he evidence on record and the same has occasioned failure of justice. The learned Advocate further subm..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....al arises on the judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin Case No. 27 of 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made on behalf of Messers...... High Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Pubali Bank Ltd………….……………….. Appellant Vs. Md. Mamunur Rahman and Another………. Respondents Judgment December 9, 2001. Case Referred To- Sulta......that he issued Exhibit 17 and 17Ka. He denied that storage of wheat is imaginary. He denied that Khaleque Jamadar received the wheat in front of him possibly on 22-6-1986. He also said that he has no evidence to show that Khaleque Jamadar received the wheat but volunteered that it is known to offici..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
.... revision case, which fails accordingly. 8. In the result, the Rule is discharged. Since charge-sheet has already been submitted in the case, an early trial is found necessary and expedient in the facts of the case. The learned trial Court is directed to dispose of CR Case No. 133 of 1999 as expe......ase is also Reported in: 54 DLR (2002)457.......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....e find this contract of one year lease was made in the discharge of an ordinary function it has not been rooted through statute, nor in the discharge of any statutory function. 12. Considering the facts and circumstances of the case, we find that the instant contract is an ordinary trading contra......ioner Vs. Government of Bangladesh & Others……….. Respondent Judgment January 22 & 23, 2002. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others 39 DLR (AD) held not applicable. Lawyers Involved: Abdul Momen Chowdhury with Md. Z......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453...Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....ase within the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) Where ...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Shamsul Huda J Moniruzzaman (Md.)……..…………………Petitioner Vs. ANM Didar-e-Alam and others ….Opposite Parties Judgment June 18, 2002. Cases Referred To- Ali Akkas...... their face value and accepted in their entirety, do not constitute the offence alleged and (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced clearly or manifestly fails to o the charge. 7. But in the instant case there is..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....possession. He submits that as the property was notified as a vested property the plaintiffs had no other alternative but to file the suit to protect their possession. Mr. KZ Alam submits that in the facts and circumstances of the present case the plaintiffs might not have acquired title to maintain...... as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......d property in India has not been exchanged with the ‘A’ scheduled property in Bangladesh and the power of attorney having not been authenticated by the then Pakistan Embassy was not admissible in evidence as per provision of section 85 of the Evidence Act. In support of the contention he has ref..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....ing before the Divisional Special Judge, Chittagong Division, Chittagong and therefore, these two Rules are taken up together for hearing and this judgment will govern both the Rules. 2. The short facts for the purpose of disposal of the Rules is that, opposite party No. 1 as complainant filed a ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Tajul Islam ………………Petitioner Vs. Gobinda Prashad Das and others……….Opposite Party Judgment November 30, 2000. Cases Referred To- Dalpat......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
....ated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petitioner’s Union shall not be restored.
2. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade ......nal Jurisdiction)
Present:
SAN Mominur Rahman J
Md. Abdul Quddus J
Bangladesh Anabic Shakti Commission Karmachari Union......Petitioner
Vs.
Member, Labour Appellate Tribunal, Dhaka and others…………..Respondent
Judgment
December 3, 2000.
Cases Referred To-
AIR 1......ase. It has been alleged by the petitioner that the respondent No.1 failed to consider the fact that the respondent No.4 is engaged in commercial and business activities earning income and profits as evidenced by the book-let titled “A Guide to Scientific And Technical Services Offered To Outside ..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....neral, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are being disposed of by......sion (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: ......st order dated 21-5-2001 the respondents are bent upon the petitioner and with malafide intention resorted to the provision of section 13(3) of the Customs Act, 1969 and issued a show cause notice as evidenced by annexure “P” to the Writ Petition No. 2969 of 2001 whereby a show cause notice has ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
....s to why order No. 28 dated 13-4-1998 passed by the learned Additional Sessions Judge, Jhenidah in Sessions Case No.4 of 1997 arising out of GR Case No. 3 of 1996 should not be set aside. 2. Short facts leading to the Rule are that informant petitioner on 16-1-1996 lodged an first information rep......ourt Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Abdul Aziz J Ferdousi Islam………….………………….Petitioner Vs. Nur Mohammad Kha and others………… Respondents Judgment October 25, 2000. Lawyers Involved: Syed ...... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....192 of 1993 by the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Sui......med……………………Petitioner Vs. Badrun Nessa Chowdhury……………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
....ty. So, the rights are not absolute. Restriction may be imposed by law for the sake of public order or morality. But such restrictions also must be reasonable and what is reasonable may depend on the facts and circumstances under which such restrictions, may be imposed. Moreover, such restrictions m...... is also Reported in: 54 DLR (2002) 413.......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments passed ......09....... judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments passed by the learned Courts below and scrutinised the material evidence on record, both ocular and documentary. The only point for determination in the Rules for m..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....rty at the relevant time, he managed a final report in that case by exerting pressure upon the police. Mr. Zaman has also referred to the lodged by the father of the victim on 11-2-99 stating all the facts. Mr. Zaman has submitted that this was not treated as FIR but the police entered it into gener......urt Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Golam Mohammad Khan………………… Petitioner Vs. Government of Bangladesh and others….. Respondents Judgment January 16, 2002. Cases referred To- Mostafizur ......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ms Md. Doha reported in 46 DLR 405. On perusal of those two cases we have found that actually this Court clearly decided the question as to on what grounds passport of a citizen can be impounded. The facts and circumstances of the case reported in 46 DLR have some similarity with the facts and circu......ner’s passport, (bearing No. Q0506331) issued on 5th August 2001 in Dhaka by the Government of Bangladesh, pursuant to Memo. No. Cord-1/110/2001/7978 dated 23-10-2001 issued by the respondent No. 3 and Memo No. Probbyal/2001 (Bahhi-1) 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by......nment of Bangladesh, pursuant to Memo. No. Cord-1/110/2001/7978 dated 23-10-2001 issued by the respondent No. 3 and Memo No. Probbyal/2001 (Bahhi-1) 1254 dated 23-10-2001 issued by respondent No.1 as evidenced by the receipt dated 23-10-2001 granted by the respondent No. 4 upon taking his passport (..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
.... record in that court and fix a date for depositing the cost within the time as mentioned n the judgment dated 7-12-83 passed in First Miscellaneous Appeal No. 13 of 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at o......the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394....... …….Respondent Judgment December 13, 2000. Cases Referred To- 48 DLR 28; 50 DLR 548; 1987 BLD (AD) 130; 28DLR 1171; Abdul Jabbar vs. Ahmed Jan PLD 1973 Karachi 289; Burneys Industrial and Commercial Co. Ltd vs. Rahman Match Works PLD 1983 Karachi 357; Flowerdale vs. Hale Electric (19......The petitioner then filed an appeal before the High Court and filed an application in the said appeal praying for ad interim relief but the said application was dismissed holding that the documentary evidence produced before the trial Court showed that a bearing trade mark Arminous had been imported..Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....g the law and order situation of the country. 7. Since the allegations as made in the grounds of detention are serious in nature, so the detention order cannot be said to be illegal in view of the facts and circumstances of the present case and in the backdrop of law and order situation prevailin......is Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
....e very Writ Petition was not maintainable in view of the fact that the same was filed against a non-government school namely Bangladesh Rifles School and College which is not a local body.
12. But facts remain that the appellant and executive committee of the school were directed to implement th......zlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Chairman, Governing Body, Bangladesh Rifles School and College, Bangladesh Rifles Head Quarters, Peel Khana, Dhaka and others..................Appellan......ellant and executive committee of the school were directed to implement the direction to reinstate the writ petitioner and the same was communicated to them through the Inspector of Schools which is evidenced by Annexure-k to the writ petition.
13. Since the decision of the Board is binding upon..
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
.... for leave to appeal is directed against the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 89 of 2007 allowing the appeal in part. 2. The facts, in short, are that the respondent Gopal Chandra Nath as petitioner filed Administrative Tribu......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Managing Director, Bangladesh Krishi Bank, Head Office, 83-85, Motijheel Commercial Area, Dhaka-1000 and another....................................Petitioners Vs. Gopal Chandra Nath and others........nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...Category: Administrative Law | Date: | Hits: 258
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