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Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
.... as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs......t Division (Civil Revisional Jurisdiction) Present: Mohammad Fazlul Haque J NK Chakravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawy......not contest the, proceeding. The Arbitrator finding no any other way heard the plaintiffs-opposite parties and considering the statement of claim and written objection of the defendant-petitioner and evidences on record passed award on 30-5-98 only for Taka 24,00,000 (Twenty-four lac) in favour of t..Category: Civil Law | Date: | Hits: 77
....torney on 14-8-2004 executed by the defendant-opposite party No. 1, Malika Hasina Jahana (Lili), canceling the power of attorney dated 23-7-1998 and suppressed all the aforementioned transactions and facts and circumstances of the case.
8. It is also stated that the defendant-opposite party N.......
...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... Sarder Jinnat Ali, Advocate—For the Applicant. Kazi Waliul Islam, Deputy Attorney-General—For the Respondent. Reference Application No. 266 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above reference was presented in short, are, that the applicant was a limited c......espondent. Reference Application No. 266 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above reference was presented in short, are, that the applicant was a limited company and engaged in the business of construction. It submitted income tax return as company for the asses......ng for the petitioner, submitted that the applicant maintained regularly books of accounts in the mercantile system and filed audited profit and loss account, balance sheet, bank statements and other evidence in support of the return but the Taxes Appellate Tribunal most illegally upheld more of the..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....ating, inter alia, that the writ petition was filed with mala fide intention to get undue advantage. The writ petition does not involve any question of law, rather it involves complicated question of facts and, as such, the Rule is liable to be discharged. It is stated that permission had not been i......nt: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2006. Lawyers involved: ...... of import permit under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 upon payment of requisite fees of Taka 310 through Government Treasury Chalan No. Ga Da 2/12 dated 29-10-2000 as evidenced by Annexures-B(l) and B(2). Rule 3 of the aforesaid Rules provides that no person shall im..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....ddin Chaklader J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examining the complainant on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relationÂship with th......ction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nirode Baran Barua…………………………………….Accused-Petitioner Vs. Mrinal Kanti Das and others………………………Opposite Parties Judgment March 15, 2006. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
....ulent statements of fact and by actively conniving with the concerned offiÂcials of the Ministry of Law, Justice and ParliaÂmentary Affairs to open a part file on the matter by suppressing material facts. It is further stated that subsequently when this matter was brought to the notice of the Hon'......ublic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-F) and the impugned order dated 8-1-2003 passed by the respondent No. 3 vide Memo No. 20 (Annexure-G) c......ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
..
Category: Civil Law | Date: | Hits: 77
....te parties to show cause as to why the detenu Nazma Akhter who is now being detained in "Nirapad Abason" under Shamaz Sheba Adhidaptor, Barisal should not be released from the safe custody.
2. The facts relevant for the purpose of disÂposal of the Rule, in short, are, that the mother of the dete......esent:
Nazmun Ara Sultana J
Md. Abdul Hafiz J
Jatio Mahila Ainjibi Samity………………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………..Opposite-Parties
Judgment
May 23, 2006.
Lawyers involved:
......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....l that there was a mistrial or trial without jurisdiction, the Court of appeal before directing a fresh trial by an approÂpriate Court should also see if such direction should at all be given in the facts and circumstances of a particular case. Prosecution should not be given a chance to fill up......dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-11Â02 by Metro Assistant Sessions Judge Chittagong in Sessions Case No. 305/99 arising out of GR case No. 1951 /96 and Kotwali PS case No. 4(10)96 under section 19(1)3 ka, Narcotics Control Act 1990 but modifying an......(Exhibit 3). PWs 1-3 proved their signatures on Exhibits 1, 2 and 3. Subsequently accused remained absent and, as such, no statement under section 342 of the Code could be recorded by the Court. Upon evidence of PWs 1, 2 and 3 and upon consideration of Exhibits 1,2,3, trial Court found both accused ..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....osive Substances Act, 1908, the learned Tribunal Judge committed illegality in passing the impugned judgment of conviction and sentence which cannot be sustained against the convict-appellants on the facts and circumstances of the case. 13. The learned Advocate, Mr. Subrata ChowÂdhury next submi......This Case is also Reported in: 59 DLR (2007) 433.......cause harassment to the accused persons, lodged the instant case on the false allegation. 8. The learned Judge of Senior Special TribuÂnal No. 2 Sylhet Mr. Hossain Shahid Ahmed upon examining the evidence and the other materials on record passed his judgment on 10-5-2005 convictÂing the appella..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... such, It is liable to be removed by way of rectiÂfication. It is claimed by the petitioner that opposite party No. 1 has obtained registration of the impugÂned trademark by suppression of material facts and by falsely claiming to be proprietor of the mark. The petitioner claims that the opposite ....... This Case is also Reported in: 59 DLR (2007) 424. ...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....s discharged without any order as to the costs. The concurrent findings of fact should not be disturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on r......n (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result......uld not be disturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by..Category: Property Law | Date: | Hits: 40
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......€¦â€¦â€¦â€¦â€¦..Convict-Appellant Vs. State………………………………………………..Respondent Judgment March 5, 2007. Lawyers involved: Md. Khandker Mahbub Hossain with Md. Abdul Awal, Advocates—For the Convict-Appellant. Nikhilesh D......as read over and explained to him to which he pleaded not guilty and claimed to be tried. 4. The prosecution examined as many as 10 witnesses out of 14 cited witnesses and after closing of the evidence the accused appellant was examined under section 342 of the Code of Criminal ProceÂdure wh..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... lodged the FIR against the said accused person. Thereafter, the Anti-Corruption Bureau sought sanction from the office of the Hon'ble Prime mister/Government but the Government after considering the facts as available in the file accorded sanction to prosecute the petitioner and at its discretion r...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustaf......it has not been stated on what materials the sanctioning authority was satisfied to accord sanction to prosecute the petitioner. Furthermore, it has also not been stated what extraneous materials and evidence was placed before the sanctioning authority to make it aware of the guilt of the petitioner..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......l Jurisdiction) Present: Mir Hashmat Ali J SAK Md. Dabirush-Shan J Mahbub-ur-Rahman Chowdhury……………………………………Petitioners Vs. DG, Bureau of Anti-Corruption and others ………………….Respondents Judgment April 24, 2007. Cases Referred To- ......tion. It is further stated in the writ petition that the impugned order asking the petitioner to furnish statement of his properties is nothing but compelling the petitioner to be a witness or adduce evidence to be used against himself and, as such, it is a violation of fundamental rights guaranteed..Category: Anti-Corruption Laws | Date: | Hits: 150
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......rney-General— For the State. Criminal Appeal No. 2348 of 2001. Judgment Md. Arayes Uddin J.- This appeal has been preferred by the convict Md. Rabiul Karim against the Judgment and order dated 10-5-2001 passed by the learned Special Tribunal, Sirajgonj in Special Tribunal Case......eady for trial was sent to the Special Tribunal Serajgonj who framed charge against the convict under section 6 of the Dowry Prohibition (deterrent punishment) Ordinance, 1983 and after recording the evidences passed the impugned Judgment and Order convicting this appellant under section 6 of the Or..Category: Criminal Law | Date: | Hits: 30
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....the Subordinate Judge, First Court, Barisal in Title Appeal No.22 of 1985 reversing those dated 08.12.1984 passed by the Munsif (now Assistant Judge), Gournadi in Title Suit No.391 of 1984. 2. The facts involved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted ...... Case is also Reported in: VII ADC (2010) 788. ......e Rule absolute. 5. Leave was granted to consider that submissions of the learned Counsel for the apellants that "the Court of Appeal below, the final Court of facts, on conÂsidering the material evidence on record, found that Nazimuddin Sarder was not insane but the High Court Division without ..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....t of self-defence does not arise at all. We find no ingredients of section 304 part II of the Penal Code and the decisions of cases cited by the learned Advocate, have no manner of application in the facts and circumstances of this case. 13. Accused Shahjahan admitted in his confession that i......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment February 26, 2007. Cases Referred To- State vs. Khasru, 43 DLR (AD) 182; Shamsuddin Sarker vs. State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 320; ......onal statement, the mandatory provision of sub-section 3 of section 164 of the Code of Criminal Procedure has not been complied with and, as such, the said confessional statement is not admissible in evidence. Prolonged detention of accused-appellant in Thana Hajat before recording his confession wi..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....eal No. 256 of 1997 reversing those dated 13-10-1997 passed by the learned Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as p......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......the instrument is a consequential relief". 9. The learned Counsel adds that there is no definite finding of the Court of appeal below that the plaintiff proved the case by adducing documentary evidence like the deed in question. The learned Counsel lastly submits that the learned Judge of the..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....(Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner obtained lease of the dispu......urisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Syed Salahuddin Ahmed ……………………………..Petitioner Vs. Government of Bangladesh and others........Respondent Judgment February 28, 2007. Cases Referred To- ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....ition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the People's Republi...... Mohammad Jahangir Alam, Advocates—For Respondent No. 2. (In all the Writ Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of f......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
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