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State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......ored. On a careful analysis of the evidence of PW 1 and PW 2 no contradiction and material discrepancy appeared to have occurred. Moreover, Investigating Officer PW 23 recorded GD Entry and, thus, no question of contradiction in the statement of PW 2 with the statement of PW 23 could at all arise. F......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..Category: Criminal Law | Date: | Hits: 82
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... possession on record and, as such, the impugned judgment is liable to be set aside.
4. Learned Advocate for the opposite party No.1 submitted that as the learned Magistrate gave importance to the question of appointment of Mohanta without giving importance to the oral and documentary evidence of......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..
Category: Criminal Law | Date: | Hits: 32
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......e, time or date of any overt act allegedly committed by the detenu nor admittedly any criminal case have been filed for those alleged acts and, as such, we hold that mere filing of General Diaries in question does not come within the purview of section 3(2) of the Special Powers Act. Further, the su......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....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.......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.......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..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......axes Appellate Tribunal and the Tribunal after hearing the parties rejected the appeal and confirmed the appellate order and, as such, this reference has been filed by the applicant for answer of the question which has been formulated in the following terms:
“That in the facts and in the circum......he appeal and confirmed the appellate order and, as such, this reference has been filed by the applicant for answer of the question which has been formulated in the following terms:
“That in the facts and in the circumstances of the case whether the Tribunal is justified to uphold the disallowa..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......to the finding that the recipient is only Firoz and his name appears in the hukumnama and furthermore, the same was affirmed by the signature of Abu Sufian as witness. The learned Judge discussed the question of possession. PW 1 has stated that they are in possession of the suit land by inheritance.......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......nce Application Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references they were heard together and are being disposed ......ress that. 7. In the other set of reference applications, i.e. in Reference Application Nos. 222-223 of 1991 the following common questions have been framed for our decision: (1) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is legally justified in trea..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ale of controversy that a suit must be tried in all its stages on the cause of action that had arisen before the institution of the suit. This basic principle cannot be ignored in the decision of the question whether a suit should be decreed or not. However, Courts are not precluded from taking cogn......ersing those dated 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the ..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......f the supplier in which case nobody could have suffered any loss for, inasmuch as the duty for importing finishing agent has already been paid by the appellant to the customs authority. 5. Now the question which falls for our termination is whether the customs authority was at all justified in in......d by the Commissioner of Customs. 4. Mr. Md. Nurul Islam Chowdhury, the learned Advocate has appeared in this appeal and he has contended that the Tribunal failed to apply its judicial mind to the facts and circumstances of the case and also failed to scrutinize the papers adduced before the Cust..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......h, on consideration of the materials on record, was dismissed and being aggrieved there against the defendants moved the High Court Division in revision. 4. The High Court Division considering the facts and circumstances of the case and the materials on record as well as the submissions of the le..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......d leave petition by setting aside the judgment and order passed by the High Court Division in Writ Petition No. 2172 of 2004 and also setting aside the auctions held by the respondent No.3. 2. The facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Daily..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......n under Order 47, rule 1 of the Code of Civil Procedure for review of this order of appointment of Advocate Commissioner for recording his evidence. 9. Both the parties admitted this fact. Now the question before this Court at this stage is whether the learned Munsif and also the learned District......independent finding but he simply confirmed the finding of the learned Munsif. He further argued that the petitioners are not entitled to any relief in this Rule in view of the concurrent findings of facts by both the Courts below. 8. Admittedly, the original plaintiff Gopal Chandra Bhowmick inst..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......The case against appellant No. 2 Nurul Huq is that he made a confessional statement Ext. 2 which was recorded by P.W. 7 Akhter Hossain Mia and in which he clearly implicated himself in the dacoity in question. The confession Ext. 2 is inculpatory not exculpatory. It has been urged by Mr. S.M.A. Ma......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......n period failing which the matter would be referred to the Bar Council for professional misconduct. The appellant received the notice, but did not reply. The bank has been affected by the purchase in question. The complainant prayed that suitable action be taken against the appellant for gross profe......i Khan, District Manager, Pubali Bank, Jamalpur Branch by addressing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the appellant on the facts stated therein. The appellant replied to the allegations by his letter dated 25.8.83 to the ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......d procured some papers. There is absolutely no averment and no material either to show that the petitioners exercised due diligence at the time of trial and appeal to trace out those documents. The question of exercising due diligence also does not arise, because what the petitioners now seek to p......ing on the issue as to whether Hosen Banu predeceased her brother Meser or whether she inherited some share of the properties of Meser. Abdul Motaleb's date of death is absolutely irrelevant in the facts and circumstances of the case. 30. As such not only on the ground of limitation but also ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to examine the question of jurisdiction. He has further submitted that the decision in Halima Khatun's case has bee...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......on of the G.D. Entry to the court has seriously prejudiced the accused. 6. Mr. Fazlul Hoque, the learned Assistant Attorney General appearing on behalf of the state argues that the G.D. entry in question was made by the officer-in-charge of the Thana on getting information from some secret sour......e, that they have been falsely implicated in this case. They however did not dispute the acid throwing on the person of Shahanaz Parvin. 3. The learned Magistrate on consideration of the evidence, facts and circumstances of the case found that the accused Obud and the present petitioner Belal are..Category: Criminal Law | Date: | Hits: 38
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......J. - This petition for leave to appeal is directed against the judgment and order dated 27th October, 2008 of a Single Bench of the High Court Division in Civil Revision No. 1802 of 2008.
2. Short facts relevant for disposal of this petition are that the respondent No.1 (plaintiff) instituted Oth..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......rs that the bank was appointed as attorney by the mortgagor-loanee vide General Power Attorney deed No. 7394 dated 14.06.2000 duly registered with the Gulshan Sub-Registry Office, Dhaka. 8. In the facts and circumstances, we do not find any merit in the leave petition and hold that the impugned j..Category: Civil Law | Date: | Hits: 81
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