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Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....nstitution shall remain suspended during emergency and accordingly, submitted that this writ petition concerning the fundamental rights since suspended during the emergency could not be enforced by any Court of law and, as such, he submitted that these appeals could not be heard until the proclama......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ...... a 22-storied building near an operational airport, even then they did not obtain any clearance of Civil Aviation Authority of Bangladesh for such construction which was mandatory for them prior to proceeding with the construction of a high-rise building in the vicinity and accordingly, clearance ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
..... Hanifa on 31.08.2006 and accused petitioner No.2) Mannan Miah alais Mannan on 23.09.2006 and since the date of arrest both the accused petitioners moved for bail in both the Courts below without any success. 4. Being aggrieved and dissatisfied with the order of rejection of bail dated 28....... Mr. Abu Bakkar Siddique, on the other hand, opposes the Rule; He submits that the case is under sections 302/34 of the Penal Code and the investigation of the case is going on and as such at this stage the accused petitioners may not be enlarged on bail. 7. We have heard the learned Advoc......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....;………….Respondents Judgment June 3, 2007. Result: The Rule is discharged. Evidentiary value of Photostat documents Photostat documents without any authentication have no evidentiary value under the Evidence Act and as such the Court cannot rel......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......on No.1321 of 1997. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the Respondents to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should not be declared to have been made malafide, withou..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establishing its case against the accused......learned Advocate for Yeasin Khan Palash alias Kala Palash and also after referring the evidence on record argues that there is nothing in evidence to show that the condemned prisoner Lalin had at any stage of the occurrence tried to shot at deceased Mizan. The learned State Defence Advocate, in the ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ode where the accused, present in the dock Sunil Saha, Hasi Chowdhury, Shahid and Labu Mallik abjured their guilt and claimed to be tried but the condemned accused-person under reference did not take any opportunity even to deny the charge, making themselves absconding and allowed the court to try t......ers, referred to above, have been tried in absentia and awarded sentence of death in their absence; where they have been defended by the learned Advocate, appointed at the costs of the State. At this stage of hearing all of them are still absconding where they have again been given assistance of a s......folded during the course of trial, in short, is as follows:— On 20-7-1999 at about 6-00 PM while Kabul Kha, (hereinafter referred to as the deceased) co-villager of the informant, was proceeding towards the house of the Gini Mollik and reached on the main road all the accused-person ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....t the defendants having had filed to get the suit land redeemed within 10 years from 16-11-59 the transaction was a passed and closed transaction and the CO (Revenue) had no jurisdiction to entertain any proceeding under the President's Order No.88 Of 1972 for redemption of mortgage. He submitte...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......e defendants having had filed to get the suit land redeemed within 10 years from 16-11-59 the transaction was a passed and closed transaction and the CO (Revenue) had no jurisdiction to entertain any proceeding under the President's Order No.88 Of 1972 for redemption of mortgage. He submitted th..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....D) 58 = 58 DLR (AD) 1; Sunil Kumar Das Vs. Canon Kabushiki Kaisha, 57 DLR 93; Messrs Tabek Restaurant Vs. Messrs Tabeq Restaurant 1987 SCMR 1090; Universal Pharmaceutical Ltd Vs. Social Marketing Company, 50 DLR 584; Universal Pharmaceutical Ltd. Vs. Social Marketing Company, 2 MLR (AD) 201 = 50 DLR...... Marks Act is clearly attracted and the suit filed before the learned District Judge was within jurisdiction and the suit was entertainable and maintainable before the learned District Judge. At this stage, it is not proper to decide this issue before the suit goes to trial for producing evidence by......the Registrar of Trade Marks and not by the Court and therefore, the plaint cannot be rejected by applying section 10(3) of the Trade Marks Act. Section 20(1) of the Act relates to institution of any proceedings by any person to prevent or recover damages for the infringement of an unregistered trad..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....y now is being approached. 5. Provision for addition of party is dealt in sub-rule 2 of rule 10 of Order I of the Code, sub-rule 2 of rule 10 of Order I of the Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such te......w is being approached. 5. Provision for addition of party is dealt in sub-rule 2 of rule 10 of Order I of the Code, sub-rule 2 of rule 10 of Order I of the Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms ......proached. 5. Provision for addition of party is dealt in sub-rule 2 of rule 10 of Order I of the Code, sub-rule 2 of rule 10 of Order I of the Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....e decretal dues cannot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani......on and the highest bid was accepted. Thus it can easily be said that till 28.9.2003 no "auction sale" took place and as such there was no scope for invoking section 33(4) of the Ain at this stage Similarly, section 33(5) or (7) also could not he invoked. Mr. Bhuiyan further submits that se......
11. On the other hand the decree holder bank, who is respondent No.2 in Writ Petition No.5961 of 2004, filed affidavit-in-opposition therein, contending, inter alia, that on 17.11.2003 the proceeding of the Execution Case No.126 of 2000 was stayed by the Artha Rin Adalat pursuant to ..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ated appeal under Rule 31 of Tenancy Rules. He further submits that appeal does not lie against the decision of Revenue Officer passed under Rule 31 of the Tenancy Rules 1955 (appellate order). If any person aggrieved by the decision passed in Rule 31 of the Tenancy Rules 1955. Aggrieved parties......inable under rule 31 of the Tenancy Rules in respect of the same subject matter by the same appellate authority (same settlement officer). 22. Under chapter seven of the Tenancy Rules several stages of the work for preparation and publication of final record of right has been determined. Un...... at rates as in clause (a) above. (2) Before passing the final order on any such appeal, the Appellate Officer shall give the parties an opportunity of being heard and shall record in the proceedings an abstract of the reasons for his decision." 23. From the above, we find tha..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....nds that there is no need for such corroboration he should give reasons for dispensing with the necessity for such corroboration. But if a conviction is based on the evidence of a prosecutrix without any corroboration it will not be illegal on that sole ground. In the case of a grown-up and married ......ctim of crime Runa Laila was 15 kilometer. First Information Report was lodged by Sirajul Islam Sikder, elder brother of victim Runa Laila as Informant. 27. Thumbnail description of the gravamen staged against convict-appellants as programmed in First Information Report and spelt out during tri......ceeded towards the alleged crime spot and the bolting away of convict-appellants. 53. In First Information Report it is recited that on shouting of P.W.2 Runa Laila neighbouring persons had been proceeding towards incident place and accused persons decamped. Statement is in the following terms:..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....t end of the deposition sheet of this witness mentioned "incomplete". He was not cross examined by the accused persons. But from the order sheet it did not appear that his evidence was incomplete. At any event from the original record we find that the recording evidence of witness Tribunal was incom......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......orous imprisonment for 7(seven) years. We have also noticed that the accused appellants and the petitioner were apprehended on the spot on 16.3.1999. They had undergone considerable period in custody proceeding to their conviction and sentence. Some of them have been enlarged on bail subsequently. O..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....s minor children under the custody and care of Jebunesa Begum and Rashida Begum, the mother and sister of the informant respectively. The informant after returning from United States could not find any tress of his the than wife accused Fatema Khairunnesa for about 5(five) months, thus the infor......ook her with him to United States within two months after their marriage and out of their wedlock his wife Fatema Khairunnesa gave birth two children named Durjoy Sheikh and Prattoy Sheikh. At one stage accused Fatema Khairunnessa (informant's wife) started going out of the house for searching j......ey General - For the State. Criminal Miscellaneous Case No.11846 of 2003 Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the proceeding of the Nari-O-Shishu Nirjatan Daman Case No.33 of 2003 arising out of Tejgaon Police Sta..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....ce of occurrence (house of the accused) and saw the dead body of his sister Rikta Begum @ Shilpi with marks of assault on several parts of her body. At that time, neither the husband-accused nor any other inmates of the house, was found present in the house. The informant sent information to th......h the accused Gofur before about 2 years from the date of occurrence and since after her marriage, she was subjected physical torture for realisation of dowry. According to his testimony, at one stage of assault at night, the victim went out of the house but when she fell down in the paddy fiel......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....it. In support of his contention he refers the case of Jinnat Ali Muktear Vs. Abdul Majid reported in 27 DLR-385 wherein it is held: "Specific Relief Act S.42 Not only a person entitled to any legal character but also any person entitled to any right as to any property can institute a sui......thers reported in 31 DLR (AD)133 wherein it is held: "Civil Procedure Code Order VI r.17 Amendment of the pleadings, when permissible. Amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the......at it was barred by resjudicata, an earlier application having been dismissed by the Artha Rin Adalat. The High Court Division rightly held that the principle of resjudicata is not applicable in such proceeding." 16. The learned Counsel also refers the case of Managing Committee N.M.C. Model High..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....that "expert's opinion enables the Court to come to satisfactory conclusion though the said opinion is not binding upon the Court". 16. It is true that the Court itself can compare any signature or L.T.I, of any concerned person himself under section 73 of the Evidence Act and com......rs died on 06-05-1994, the application for comparing the signature was filed on 03-04-2001 and the impugned order was passed on 09-05-2001 so the application was filed by the petitioners at a belated stage which cannot be accepted in the eye of law. In support of his contention the learned counsel r......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....llants were arrested from Chapai Nababgong within the territory of Bangladesh. He further submits that the impugned order passed by the learned Judge of the Tribunal is non-speaking without assigning any reason and the same is not sustainable in the eye of law. 8. The learned Deputy Attorney Gene......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......rs from the border. 12. At the time of hearing of the appeal an application under Section 561A of the Code of Criminal Procedure has been filed on behalf of the accused appellants for quashing the proceeding of the case. That since accused appellants have preferred this appeal against the order p..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
.... of Mokshoda Bala Dasaya (deceased), wife of Fekuram Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other interested persons; that the proceedings of the Miscella......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......a Nath Roy, obtained Probate of last will and testament of Mokshoda Bala Dasaya (deceased), wife of Fekuram Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other inter&..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....restraining the Defendants from evicting the tenant of the plaintiff from the 'D' schedule property and changing the natured and character of the vacant land and giving lease or transfer or construct any stracture in the 'C' schedule property to any other party and for a declaration for profit of Ta....... He further submits that Defendant No.3d without submitting the written statement in the subsequent suit has filed the application under section 10 of the Code of Civil Procedure and as such at this stage it cannot be said that the issues of the subsequent suit are same. He further submits that the......he parties of both the suits are same and the schedule property in both the suits are same and as such the subsequent suit being, The Suit No.371 of 1998 to be stayed to avoid the multiplicity of the proceeding. 10. Mr. Khalilur Rahman, Learned Advocate appearing with Mr. T.M. Sakil Hossain submi..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ed Special Judge passed order No.121 dated 4-3-2001 stating that at the time of passing the Order No.118 dated 28-2-2001 under section 69 of the Penal Code the learned Public Prosecutor did not raise any objection rather he has supported the contention of the respondent No.4 for his release from jai......the offences specified in the Schedule to the Act which have been exclusively triable by the Special Judge. Sub-section (5) of section 5 empowers the Special Judge to proceed with the case from the stage at which the same is received. Section 6 enumerates the procedure in trial of cases in the Cou......dment Act 1958 and Penal Code, it is to be considered that Article 20 of the Constitution, provides for the general principle of prohibition on unearned income to the effect that a legal process or proceedings must not end in permitting a convict to retain unearned income accumulated through cor..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
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