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Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....e defence PW 3 stated that he heard that Salam and Panna are no more accused in the case. PW 3 came to the residence of Daroga at his own accord 7/8 days after the occurrence and disclosed the entire facts on the assurance of Daroga that he would be saved from the case. Daroga took him to custody an......is Case is also Reported in: 55 DLR (2003) 160. ......and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid Hossain alias Paltu was charged in his absence. 6. After closing of the prosecution evidence the appellants Jalal, Helal, Belal and Manju facing trial were examined under section 342 C..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
.... 182 of 1984 to the Court of Subordinate Judge and Commercial Court No. 2, Dhaka for disposal and not to the Court of Subordinate Judge and Artha Rin Adalat 2, Dhaka. 19. Considering the aforesaid facts and circumstances of the case as well as the decision cited herein above we are of the view th......(2003) 156.......ion Accordingly, the Subordinate Judge and Artha Rin Adalat No. 3, Dhaka did not commit any illegality in disposing of the aforesaid two suits. 15. We have heard the learned Advocates. Perused the evidence on record as well as the order sheet of the Title Suit No. 182 of 1984. It appears that t..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
.... occasioned failure of justice. The learned Counsel further submits that the learned Joint District Judge erred in law in rejecting the prayer for local investigation without properly considering the facts of the case and the case made out by the petitioner and the same has occasioned failure of jus......igh Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sheikh Rezowan Ali J Nadera Banu………………………petitioner Vs. Protiva Rani Sen Gupta and others…………Opposite Parties Judgment January 6, 2003. Cases Referred To- Kaz......fore the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties adduced evidence in support of their respective cases. At about this time, the present petitioner on her own..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... have decision against the convict-appellant, particularly when first information report by PW 1 and evidence of PW 1 at the trial were found to be not in conformity with each other, on some material facts. He refers to first information report. Exhibit 1 and shows that in first information report P...... Ed. This Case is also Reported in: 55 DLR (2003) 137.......on the dead body and thereafter submitted post‑mortem report Exhibit 6 with his opinion as to the cause of death. PWs 1, 4, 6 to 8 were cross-examined by defence. 8. After closure of prosecution evidence accused Zakir Hossain, being present at the trial alone was examined under section 342 of t..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....principles and not arbitrarily". 24. The legal principles on the basis of which the writ petitions were found not maintainable in the cases cited by Dr. Kamal are not disputed by us. But since the facts of the cases cited by Dr. Kamal are different from those in the case in hand the legal princip........Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (Md) Vs. Bangladesh and others, 45 DLR ......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the respondent No.1 as void and not binding upon them. 3. Short facts of the plaintiffs' case are that Alia Baksha, the predecessor of the respondent Nos.1 and 3, a...... Appellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hajee Abul Hossain and others...............................Appellants Vs. Md. Amjad Hossain and others................tian was prepared in the names of Pear Baksha and others they have had no possession therein. The appellants deed are forged and collusive. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit in part declaring the appellants title in respect of .11 acres o..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....6 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the interest pendent lite against the appellant, Janata Insurance Company Limited (defendant). The facts of all the appeals are identical and therefore, all of them are disposed of analogously. Karna......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi......plaintiffs, and therefore, the report of the surveyors were not binding upon it unless the losses were covered by valid insurance policies. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suits with interest. The defendant thereupon unsuccessfully moved the..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....no defence is permissible to justify compliance of such illegal order, the officer/employee/ complying with such illegal acts/omissions is personally liable for the same. Considering the aforesaid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly ......, Advocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal in Administrative Appella......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....irected against the judgment and decree dated 25-Â6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above not......………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For ......o the Rent Controller. Since the defendant remained a monthly tenant under the plaintiff, he was not liable to be evicted from the suit property. The learned Judge of the SCC after considering the evidence on record, decreed the suit with the finding that the admitted tenancy of the defendant und..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....dence on record challenging the date of knowledge of the pre‑emptor about the transfer of the land, the contention that the application is barred by limitation is untenable in law. 16. Under the facts and circumstances of the case and the decisions discussed above the appellate Court has misrea...... Vs. Md. Hasem Ali Mia & others..............Opposite Parties Judgment October 25, 2003. Cases Referred To- Hajera Bibi vs. Noor Jahan Begum,35 DLR 338; Jafar Ali vs. Husier Ali and others, 46 DLR (AD) 187; Dalilur Rahman vs. Syed Omar, 5 MLR (AD) 24; Jafar Ali vs. Hushiar Ali ......templated under section 90 of the State Acquisition and Tenancy Act. 11. The trial Court found that the case has been filed within the period of limitation but the appellate Court on misreading of evidence allowed the appeal and set aside the judgment and order of the trial Court only on the poin..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....juries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took him into custody from the house of Delwar Hossain Howlader. 3. Narrating these facts PW1, full brother of the deceased lodged the FIR Exhibit 1 in the Morelganj Police Station whe......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment January 11, 2004. Cases Referred To- Siraj Miah vs. State, 2 BLC 402; Abdus Soblian vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD)...... out of previous enmity. He has neither assaulted the deceased on the date, time and manner nor he has caused the death of the deceased in any way as alleged by the prosecution. 7. Considering the evidence of PW Nos. 1, 2,5, & 6, the learned Sessions Judge has found the accused-appellant guil..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....r No. 46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 o....... This Case is also Reported in: 56 DLR (2004) 149....... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... Rule 13 is a mandatory provision, non‑compliance of which makes the opposition abandoned. The learned Advocate further submits that in the instant case the Registrar has rightly pointed out in the facts and circumstances of the case, that the appellant could get relief by filing TM 55 praying for...... High Court Division (Special Appellate Jurisdiction) Present: Syed Amirul Islam J Mirza Hussain Haider J Abdul Motaleb & others..................Appellants Vs. Aftab Miah and another.................Respondent Judgment August 21, 2002. Cases Referred To- Cre......as Opposition Case No. 1624 of 2000. It appears that after filing of the opposition case the applicant filed counter statement in TM 6 whereupon in due course the appellant i.e. the opponent, filed evidence before the Registrar on 1‑3‑2001 but no copy of the evidence was forwarded to the appli..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132....... This Case is also Reported in: 56 DLR (2004) 132.......nd accused appellant Anowar Hossain Pintu rest of the accused persons were examined under section 342 of the Code of Criminal Procedure when they maintained their innocence and declined to adduce any evidence. 5. The defence case, as it appears from the trend of cross-examination as well as the s..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....rved that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found canno......Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Ba......ode and convicted them thereunder. Death penalty was imposed upon each of them. 10. Learned Sessions Judge in awarding conviction and imposing death penalty discussed and considered circumstantial evidence, judicial confessional statements and other materials on record and found: a. Learned Ma..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....s got no right to challenge that order of stay and, as such, the Rule Nisi is liable to be discharged. 6. The case of the added respondent No. 6 is that, the petitioner raised disputed question of facts and, as such, the petition is not maintainable and that the petitioner has got no legal right ...... Lawyers Involved: TH Khan with Md. Oziullah, Advocates‑For the Petitioner. Md. Hefzul Bari with Shamsunnahar Bari, Advocates‑For Respondent Nos. 1‑5. Tufailur Rahman with Sufia Ahmed and AKM Mohiuddin Chowdhury, Advocates-For Respondent No. 6. Writ Petition No. 7377 of 2002. J......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....it Petitions). Writ Petition Nos. 3488, 4196, 4607, 4608 of 2003. Judgment Md. Abdul Wahhab Miah J.- These four writ petitions have been heard together and since similar questions of law and facts are involved all the writ petitions are disposed of by this single judgment. 2. Writ Petiti......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....LC 407 and Bholanath Mullick vs. Mahadev Mullick 56 CWN 223. 12. Only issue facing us is, whether or not the objection filed by the petitioner on 24‑9‑2001 was barred by limitation. 13. The facts stated hereinbefore do not admit of any controversy. In the written objection, the petitioner ......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Salauddin Jamil....................................Petitioner Vs. Amjad Ali Khan and another .................Opposite Parties Judgment January 21, 2004. Case Referred To-...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
.... applications filed by the plaintiff. He also read Order XXVI and XXXIX of the Code. He submits that learned Joint District Judge erred in law in allowing the application for local inspection of such facts and incidents which could only be investigated under Order XXVI rule 9 of the Code. Elaboratin......is Case is also Reported in: 56 DLR (2004) 82. ...... incidents which could only be investigated under Order XXVI rule 9 of the Code. Elaborating, he submits that under Order XXXIX rule 7 of the Code neither boundary disputes can be ascertained nor any evidence could validly be collected thereon. He finally, submits that learned Joint District Judge f..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....t on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a sponsor sharehold...... High Court Division (Statutory Original Jurisdiction) Present: Syed Amirul Islam J Akhteruzzaman Chowdhury..........................Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Inv......asking the contemner opposite party No. I to make-necessary arrangeÂments for holding the AGM of the Bank within the time fixed by this Court and to do the needful for holding the meeting which is evidenced by Annexure X to this application. It appears that in spite of that request no steps were ..Category: Banking Law | Date: | Hits: 158
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