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Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....e informant, inasmuch as the victim died due to heart failure long after the alleged date of occurrence. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case however, found all the three accused-appellants guilty for the o....... This Case is also Reported in: 56 DLR (2004) 69.......absconsion and the trial was concluded against them in absentia after observing all the formalities as provided under section 339B(1) of the Code of Criminal Procedure. The defence did not adduce any evidence. 6. The defence case, as could be gathered from the trend of cross-examination, is total..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... in the manner as alleged, but they have been falsely implicated in this case out of enmity and grudge. 7. The learned trial Court thereafter, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused-appellant guilty for the offence charged and,......dgment July 21, 2003. Cases Referred To- Elias Hossain vs. State, 54 DLR (AD) 78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accuse......er close of the prosecution witnesses, the accused in the dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, as could be gathered from the trend of cross-examination, is total..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....he petitioner Bank, submitted that the trial Court committed an error of law in rejecting the application for temporary injunction and vacating its earlier order of status quo without considering the facts evidencing clear fraud perpetrated by the plaintiff and opposite party No. 9, the Premier Bank......nce. Ed. This Case is also Reported in: 56 DLR (2004) 55....... the beneficiary for payment under the credit. 9.34 In the first situation, if the bank pays in accordance with the terms of the credit, then it is entitled to reimbursement unless there was clear evidence of fraud at the time of payment. The bank has strictly limited period to consider the docum..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....2000) of the Court of the Assistant Judge, 4th Additional Court, Dhaka allowing addition of party is hereby set aside. The impugned order dated 10‑2‑2000 has therefore become in fructuous. In the facts of the case I do not make any order as to costs. The order to stay all further proceedings ......rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S......ional application. The defendant denied title of the plaintiff. Whether the defendant is a tenant in the suit premises under the plaintiff shall be decided at the time of trial, of the suit on taking evidence. The plea of the defendant that he is not a tenant under the plaintiff cannot be decided at..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....This appeal is directed against the judgment and order dated 31.07.2004 passed by the High Court Division in Civil Revision No. 3942 of 1991 (Dhaka)/No.122/88 (Sylhet) discharging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....f Chairman of the Governing Body of PROSHIKA. 6. Since the learned Counsel does not press this petition on merit, we are not inclined to enter into the merit of the matter. On consideration of the facts and circumstances of the matter, it is hereby directed that whatever observations made by the ......ah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mr. Quazi Faruque Ahmed…………………………….Petitioner Vs. M. A. Wadud and others................................Respondents Judgment August 8, 2010. Lawyers Invo...... judgment will not be binding upon the learned Assistant Judge, and that the learned Assistant Judge will be at liberty to dispose of all issues involved in the suit independently on the basis of the evidence to be available with the record. The order of status quo as directed by the learned Single ..Category: Civil Law | Date: | Hits: 75
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......b-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 28-2-2000 and on that day informant along with his police force was on duty. Accused-appellant and 10/12 other......and it was numbered as Jananirapatta Case No. 47 of 2000. Charge was framed on 21-5-2000 under sections 10/12 of the Ain of 2000. 5-6-2000 was fixed for trial. One prosecution witness gave Hajira. No evidence could be recorded in view of non-production of accused Mokter Hossain before Tribunal. Ther..Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....d in relying on their evidence. We have already found that investigation officer of the case could not be examined by the prosecution due to circumstances beyond the control of the prosecution in the facts of the case, we do not find any reason to hold that the defence has been prejudiced for non-ex......nt Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No....... 8. Since there is none to represent the accused appellant before us, we have carefully gone through the first information report, the charge framed against the accused appellant at the trial, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 9. To arr..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
.... Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civi......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... reason to disbelieve the consistent and cogent evidence of the witnesses examined by the prosecution. I am satisfied that the learned Divisional Special Judge duly applied his judicial mind into the facts and circumstances of the case and the evidence on record and rightly convicted the accused app......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......onviction and sentence are illegal and without jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that except the evidence of P.W. 2 Md. Shahjahan, who should be treated as an accomplice, there is no other reliable..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....e of Criminal Procedure which were filed by the prosecution in the Court of Metropolitan Sessions Judge Dhaka on 16-7-1999 in Metropolitan Sessions Case No.7 of 1999 should not be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdu......1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded under section 164 of the Code of Criminal Procedure whi...... in this regard, the accused persons were highly prejudiced. He has also submitted that as those statements were not transmitted along with the record of the case, those statements can not be used in evidence by the prosecution. 4. Mr. M Faruque, the learned Deputy Attorney-General Mr. M Mostafa ..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....operties in LA Case No. 44 of 1959-60 not used for more than 10 years as recommended and directed by Ministry of Land in favour of the petitioner which they are under an obligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of...... Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Nur Hossain (Md)……………………………………………….Petitioner Vs. Secretary, Ministry of Land and others……………………………Respondents Judgment February 2, 1999. Ca......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....tly, accused appellant is entitled to acquittal as a matter of right. The learned Advocate further submits that the learned Sessions Judge also failed to consider the defence case in the light of the facts of the case and the attending circumstances of the case and, as such, the accused appellant is......For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accus......ing for the accused-appellant, submits that the learned Sessions Judge was manifestly wrong in convicting and sentencing the accused appellant without properly discussing and considering the material evidence on record and, as such, the impugned order of conviction and sentence is not sustainable in..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....s Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, which refused to reject the plaint. 2. Short facts for disposal of the Rule are that on or about 4-8-99 opposite party No. 1 made an application ...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Dhaka Leather Company Ltd.………………………….Petitioner Vs. Sikder Construction Ltd. and another…………………………….Opposite-Parties Judgment December 12, 2001. ...... presence of said opposite party and rejected by the learned Subordinate Judge being of the view that the question of limitation was a question of both facts and law, and could not be decided without evidence. 5. Mr. MA Samad appearing for the petitioner submits that when admittedly the award was..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
...., Dhaka in Title Appeal No. 104 of 1998 reversing the judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Moinuddin Ahmed alias Farook …………………………….Petitioner Vs. Khursheda Begum and others………………. Opposite-Parties Judgment June 18, 2001. Lawyers Involved: ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....der dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for disposal of the Rule are that the petitioner as plaintiff on 11-1-2000 institute suit for ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......ed……………………Petitioner Vs. Chairman, Labour Court……………………Respondents Judgment November 23, 1999. Case Referred To- Chairman, Power Development Board and others Vs. Chairman, Labour Court, Khulna Division and another, 1981 BLD (AD) 59. Lawyers Inv......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....ely engaged counsel of opposite party No. 5, submits that the above citations have no manner of application as the circumstances that have given rise to these decisions are totally different from the facts and circumstances of the instant case. To bring the pesh Imam, a Muazzin, teachers of School a......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Iftikhar Rasool J Amir Hossain Bhuiya (Md)…………………Petitioner Vs. Harisul Haq Bhuiya and others………...Opposite-Parties Judgment May 24, 1999. Cases Referred To- Abu Ba......s in the written statement that the suit is not maintainable in its present form and that in any event it is liable to be dismissed. 4. The trial Court held trial of the suit upon recording of the evidence of witnesses. He decreed the suit of the plaintiff petitioner by this judgment and decree d..Category: Labour and Industrial Law | Date: | Hits: 99
....dge, Dhaka, and registered as Title Suit No.92 of 1993 was withdrawn from that Court and this Bench is disposing of this transferred suit by the order of the learned Chief Justice under the following facts and circumstances:
2. Plaintiffs case after being amended and allowed by the order dated 21......sent:
Md. Golam Rabbani J
Md. Latifur Rahman J
Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff
Vs.
Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal H...... examined D.W. 2 Md. Akhtar Hossain who is one of its Directors.
8. Issues were framed by the order dated 20-1-97 in presence of the learned Advocate for the parties. However, after closing of the evidence we deem it necessary to amend as well as add issue for determining the matters in controver..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....dence, hence the trial Court decreed the suit and did not deprive the plaintiff opposite party from the maintenance. 13. The learned Subordinate Judge as a court of appeal below and final Court of facts discuss the evidence on record and the law points involved therein and the learned Subordinate......ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......or the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision o..Category: Family Law | Date: | Hits: 186
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