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Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... for leave to appeal is directed against the Judgment and order dated 15-12-2008 passed by the High Court Division in Writ Petition No. 9865 of 2008 summarily rejecting the writ petition. 2. The facts, in short, are that the petitioner as writ petitioner filed an application under Article 102(2......R (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Senior Advocate (Probir Ne...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....lafide. 10. Lastly, the most important argument of Mr. Islam is that after detaining the detenu section 3(2) of the Special Powers Act, a specific criminal case has been started over the self same facts and, as such, he has argued that there cannot be two parallel proceedings against the same per...... Ed. This Case is also Reported in: 54 DLR (2002) 258. ......…………………a preventive detention is to prevent a person on a mere suspicion that some crime had been done and the same would be repeated and is not a question of proving an allegation by evidence which must be done when a proceeding is drawn under the Penal Code.” 7. Mr. Islam has ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....f section 161 of the Cr.P.C. 38. He referred the relevant paragraph No. 45 of the decision. 39. We have carefully perused the relevant paragraph of the cited decision. It appears to us that the facts of the aforesaid reported case is distinguishable from the fact of the instant case. In the af...... Ed. This Case is also Reported in: 54 DLR (2002) 242. ...... report lodged by the father of the deceased on 20-3-1990 is hit by section 162 of the Code of Criminal Procedure and falls under the category of statements, to the police, which is not admissible in evidence, since the GD Entry was made earlier in point of time. The same is the first information re..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
.....31 of 1990 allowing the Review Case and setting aside the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of t......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206....... three witnesses while the contesting defendants also examined three witnesses and exhibited documents in support of their respective case. 5. The learned Subordinate Judge on consideration of the evidence before him was pleased by the impugned judgment dated 31-3-99 to decree the suit on contest..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....d that at the 6th schedule only the petitioner and another dropped tender and that petitioner’s bid was at Taka 3,40,500.00 for the term 1405-1407 BS; that tender Committee in the background of the facts and circumstances as stated hereinbefore and that in the light of the instruction as in Minist......2000) 201.......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....er dated 21-9-1998 passed by Mr. Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the s......gment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & another, 23 DLR (SC) 81; Shahabuddin (Md) and another Vs. Habibur Rahman and others, 50 DLR (AD) 99; Sreemati Pushpa Rani Das and another vs. ...... in Money Suit No. 5 of 1932 and Money Execution Case No.14 of 1933 were disclosed in the written statements filed on 23-7-86 in Title Suit No. 45 of 1984 and were produced in Court and admitted into evidence and marked as Exhibits. A and B during trial of the suit in 1986. So, the suit having been ..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....rmanship of Shaplapur Union Parishad. The respondent No.2 is a defaulter in Bank and defaulter in payment of Union Parishad Tax and rent. The respondent No.2 contested the Election by suppressing the facts of default and on objection his nomination paper was rejected but on appeal his nomination was......vision (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Nazem Uddin …………………………………Petitioner Vs. Election Tribunal and others…………………Respondents Judgment March 10, 1999. Cases Referred To- 1......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....d by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the Ci......Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul-Huq J Khorshed Alam (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....Act, 1881 now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not he quashed and or such other or further order or orders as to this Court may seem fit and proper. 2. The short facts leading to this Criminal Miscellaneous Case is that the opposite party No.1 as complainant fil......ashed Kamal & another………………. Opposite-Parties Judgment March 10, 2002. Cases Referred To- Mir Mohammad Ali vs. State 46 DLR 175; SM Anwar Hossain vs. Md. Shafiqul Alam (Chand); another 1999 BLD (AD) 166 = 4 BLC (AD) 106. Lawyers Involved: Md. Khurshid Alam Khan, Ad......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....ll not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts which are relevant for proper disposal of the case may be stated as follows: The petitioner......Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februar......no stay order of this Court he took up the matter and disposed of the same in view of the fact that the present petitioner was given ample opportunity to defend the case but they failed to adduce any evidence in support of their contention and thus by no stretch of imagination it can be said that by..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....la in Miscellaneous Appeal No.127 of 1992 reversing the judgment and order dated 9-6-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla in Rent Control Case No. 59 of 1991. 2. Short facts relevant for disposal of the Rule are that the petitioner-respondent instituted House Rent Con......amabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset Majumder with Yeasmin Begum and Rana, Advocates—For the Opposite Party Appellant Bank. Civil Revision No. 2273 of 1994. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
.... against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No...... High Court Division(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: ......nd Mustafa Kamal along with the specimen signatures by fingerprint and handwriting experts stating that in the plaint the plaintiff stated that defendant’s deeds are forged and Mustafa Kamal in his evidence stated that he did not put his signature for identification of Mehera Khatun in those deeds..Category: Property Law | Date: | Hits: 28
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......bi …………..Petitioner Vs. Chairman, Court of Settlement, Dhaka………….Respondent Judgment June 18, 2001. Cases Referred To- Shamim Begum vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DL......) of Ordinance No. LIV of 1985 a Court of Settlement shall, after such inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he ..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
.... case. Realities, therefore, demand that the question of support of the prosecution case by the unassuming somersaulting local seizure list witnesses should not be allowed to be blown too far. In the facts of the case, we are satisfied that the learned Special Tribunal was fully justified in relying......For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case N......fact that the seizure list witnesses did not support the prosecution case, the learned Special Tribunal was not at all justified in convicting and sentencing the accused appellant on the basis of the evidence of only police personnel and, as such, the impugned order of conviction and sentence is not..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... Dhaka in Title Execution Case No.2 of 1987 rejecting the petitioners prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit in......High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Jiban Bima Corporation represented by its MD…………………….Petitioner Vs. Md. Mohibul Majid and another…………………………………….Opposite Parties Judgment March 23, 199......petitioner is not in possession of the suit property, the allegation of violation of the decree does not stand. The learned Assistant Judge further found that since the petitioner has not adduced any evidence for proving wilful violation of the decree of permanent injunction, the petitioner was not ..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......f the thana concerned. He further submits that charge-sheet was submitted on 31-8-96 against five accused. Subsequently, further investigation was held 6 the Police on the order of a superior officer and a supplementary charge-sheet was submitted against the four accused persons including the presen......stant Attorney-General, on the other hand, submits that Police is empowered to hold further investigation in view of the provisions of section 173(3B) of the Code of Criminal Procedure and if further evidence is obtained during further investigation about involvement of some new persons, under provi..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
.... finds himself in a difficult position to assail the judgment and order of conviction and sentence passed against appellant No. 1 Joynal Bhuiyan by the learned Sessions Judge in the face of attending facts, circumstance and evidence of the case. But he submits that, the appellant No.2 Sultan Bhuiyan......—For the Appellants. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangai......persons and also under section 201 of the Penal Code against accused Sultan Bhuiyan appellant No.2 to stand trial to which the accused pleaded not guilty and claimed to be tried. On conclusion of the evidences the accused were examined under section 342 Cr.P.C. to which they pleaded innocence and de..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....tion of Death Sentence can be made until the appeal preferred against conviction and sentence is disposed of. Reference and Jail Appeal are being disposed of by this common judgment. 6. Background facts leading to Death Reference as well as Jail Appeal as portrayed are as follows: a. Condemned......………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer...... the paddy field. 35. PW 24 Dulal Miah stated that accused Moslem made foul statement to the police in respect of Salma. 36. Bishesh Adalat on overall evaluation, assessment and appreciation of evidences and materials on record found Moslem guilty of the charge levelled under section 6(2) of T..Category: Criminal Law | Date: | Hits: 82
....whether two months next before such date on the basis of evidence of possession and not to decide which of the parties has lawful claim of possession therein on the basis of document of title. In the facts and circumstances of the case we find no merit in this Rule.
11. In the result, the Rule is......(Criminal Revisional Jurisdiction)
Present:
Kazi Ebadul Hoque J
Sikder Maqbul Huq J
Shebait Mohanta Sree Kedar Nath Achari…..…………………….Petitioner
Vs.
Sree Khitish Chandra Bhattacharya and anr…………………Opposite Parties
Judgment
December 9, 1999.
......mpugned judgment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of the first party opposite party to receiver without giving any importance to the evidence of possession on record and, as such, the impugned judgment is liable to be set aside.
4..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....cause as to why the order dated August 31, 1997 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.27 of 1997 should not be set aside. 2. The portrayal of the essential facts forming the background of the issuance of the Rule is that the petitioners of this Rule Sree S......orted in: 52 DLR (HCD) (2000) 172.......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
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