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Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......rted in: 18 BLC (HCD) (2013) 260. ...... Vs. Fajal Ahmed & others.........................Respondents Judgment November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiff..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....f the said shop is one Zakir Hossain who neither made an accused nor a witness in the case and this shop situated at Nilkhet 'Tempu Stand'which is an open and public place. 35. In view of the said facts and circumstances mere knowledge or showing by the accused, the recovery of arms and ammunitio........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession over the spot or that none else..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....her father himself stated in the application of UD case that he came out from the PO hut at 8-00/8-30 AM So, it is clear to us that the evidence of P.W.2 provided no corroboration with the material facts and circumstances of the case and to hide the manner and cause of occurrence, she narrated a d......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ...... to cross-examine them. 9. After closure of the prosecution case, the accused were again examined under section 342 of the Code of Criminal Procedure again they repeated their innocence and led no evidence in defence. 10. The defence case as it appears from the trend of cross-examination of th..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ......r Section 26 as per the decision of the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir reported in 62 DLR (AD) 290. 10. I have gone through the petition of appeal and the evidence adduced by the P.Ws. and the decisions cited by the learned Advocate for the appel..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....connected with the occurrence of the case in any way and they have become the victims of circumstances etcetera. 5. The learned Sessions Judge on consideration of evidence on record and the facts and circumstance of the case convicted and sentenced the accused as aforesaid and made the ref......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes......t November 17, 2011. Result: The Appeals are allowed. Evidence of interested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....on in identical terms denying the material allegations made in the petition stating, inter alia, that the writ petition in its present form is not maintainable as it raises disputed questions of facts hence, the Rule is liable to be discharged; that the respondents did not violate the fundam......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.............িটিআরসি/এস, এম/৩-২৪/০২ পার্ট-১/২০০৮/২৫৭-২০৬১ dated 19-11-2009 and the seizure of the machinery and equipment of the petitioners as evidenced by the seizure list also dated 19-11-2009 are each equal and valid. 13. Mr. Ajm..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......n J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal......e-emptee-petitioners had no knowledge of the preemption miscellaneous case does not hold good. 12. The learned Judge of the single Bench further found that though opposite party No.1 in his evidence as P.W.1 said that notices of the preemption miscellaneous case were duly served upon th..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....h blood stained marks there. The accused seems to have left the place of occurrence for the appearance of the local people without taking the said money. Informant Arun Kumar Saha narrating the above facts lodged the First Information Report (in short, the FIR) with Dohar Police Station on 1-8-1993 ......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off......not an essential element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ng the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petitioner and others as plaintiff...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit......behalf of the opposite-party (State) submitted that the appellate Court being a final Court of fact passed his judgment without error on considering the materials on record, law, fact and sifting the evidence both oral and documentary setting-aside the illegal judgment of the Trial Court occasioning..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... petitioner. 8. Mr. Razaque Khan, Learned Senior Advocate appearing on behalf of the respondent Bank raised three contentions, namely, that the writ petition is bad for suppression of material facts. Secondly, it is barred by re judicata and third and finally, the decision, if any, of the B......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... ...... compliant to be held by a Magistrate or any other person and then on receipt of enquiry report and if on consideration of such report and petition of complaint is satisfied that there is prima-facie evidence in support of the complaint, may take cognizance of any offence under the Ain against any a..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....charge under Sections 11(L), 30 of the Ain 2000 against the appellants. 3. Feeling aggrieved the appellants preferred the instant appeal. 4. No one appears to support the appeal. In view of the facts, this is an old appeal of 2005. We are inclined to take it up for disposal on merit considerin......Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... of the appellants that the High Court Division exceeded its jurisdiction in interfering with the concurrent findings of fact arrived at by the courts below without reversing the findings of facts, such as, the genuineness of the plaintiffs agreement dated 5th January, 1965 and the deliver......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp......ed 5th January, 1965 and the delivery of possession of the property pursuant to such agreement in favour of their predecessor and that the High Court Division erred in considering an inadmissible evidence, exhibit-M, a written statement filed by Hasan Ali Driver in the earlier suit admitting ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....tioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: One Mr. AKM Zayed Hossain Khan, Anti-Corrupt......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On......sides, as she argues, that on a plain reading of FIR there reveals a prima-facie case as alleged against the accused-petitioner, the truth or otherwise of the same can only be decided on a trial upon evidence both oral and documentary. 9. Be that as it may be have heard the learned Counsel appe..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
.... upon the Deputy Commissioner, Narayanganj to show cause as to why the proceedings in CR Case No.415 of 1993 pending in the Court of Thana Magistrate, Narayanganj should not be quashed. 2. Short facts, relevant for the disposal of the Rule, are that the complainant-opposite party No.1 filed a P...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....spondent No.6 and also thereby seeks direction to fixa fresh date for holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper.
2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being No.58 of voter li......Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Bazlur Rahman J
Md. Enayetur Rahim J
Humayun Kabir Patwary………………………………Petitioner
Vs.
Secondary and Higher Secondary SchoolEducation Board, Comilla and 5 others………………………….Res......he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....ising out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh an...... High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Naima Haider J Raj Kumar Khetan…………………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: ......it is alleged that the cheque in question was securing cheque in order to adjust the liability of the bank. The contention of the petitioner is defence materials which can only be decided by taking evidence. 15. To meet the arguments of the learned Advocate for the petitioner, it is said that t..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....it No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff in Admiralty suit N......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ...... instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the private documents exhibited in this suit was proved by adducing sufficient evidence through appropriate person? Is the plaintiff is entitled to the decree as prayed for? ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....e declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed to implement the said decision/Verdict of the Review Panel-01. Short facts: 2. BTRC issued notices in different newspapers including the 'Daily Protham Alo'......eported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....hammad Imman Ali J. - This appeal, by leave, arises out of judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.9289 of 2007 making the Rule absolute. 2. The facts relevant for disposal of this appeal, in brief, are that the writ-petitioner (respondent No....... J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chairman, 1, Abdul Ghani Road, Dhaka-1000..................................Appellant Vs. Md. Hanif and another...................Respondents Judgment August 14, 2011. Result: The ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
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