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AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....he pre-emptor at the time of institution of the pre-emption case has deposited partial consideration money along with compensation at his own risk and without taking leave of the Court abandoning his right of pre-emption in respect of one of the holdings. 15. It is by now settled that partial d......d under section 96 of the State Acquisition and Tenancy Act, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption aga......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......mptee No.1 further contended that he constructed a homestead by spending huge amount of money and that the pre-emption as sought was not maintainable. 4. The learned Senior Assistant Judge being trial Court framed appropriate issues and both the parties adduced evidence in support of their..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......law of the land and paying regular tax. Duties and other charges in accordance with law. That some persons and companies importing and also trying to further import low quality goods mentioned as aforesaid manufactured by other foreign companies in violation of the provision of section 50 of the......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... the trial is going on. But no necessary particulars of such proceedings were provided in the affidavit. 7. It is however stated that the petitioner is now a fugitive and as such, she has got no right to seek any redress of any grievance against pending proceedings before the competent court of......i-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiat...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......pt of the charge-sheet, the Metropolitan Senior Magistrate Judge took cognizance of offences against the petitioner and her husband. Then, he sent the case to the competent Court of Special Judge for trial and the trial is going on. But no necessary particulars of such proceedings were provided in t..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......nal Code. The Special Court under The Emigration Ordinance, 1982 is not authorised to try any offence either under section 406 or under section 420 of the Penal Code far less exclusively. The informant has the option to activate prosecution of the accused under The Emigration Ordinance, 19......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......t will come within the mischief of section 23 of The Emigration Ordinance, 1982 (Ordinance No. XXIX of 1982). The Government by Notification already constituted Special Court for the purpose of trial of all offences under the said Ordinance. Secondly, the ordinary Court have no jurisdiction ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......d by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record- For Respondent No. 1. None represented-For Respondent No. 2 Criminal Petition for Leave to Appeal No. 396 of 2007. Judgment Mohammad Fazlul Karim J.- Mst. Parvin Rahman s......arned Advocate the complainant is threatened by the accused respondent No. 1 and in the circumstances of these appears a reasonable apprehension in the mind of the complainant that she will not get a fair trial or that she may be deprived to defend at the trial. 6. It appears from the record tha...... Advocate the complainant is threatened by the accused respondent No. 1 and in the circumstances of these appears a reasonable apprehension in the mind of the complainant that she will not get a fair trial or that she may be deprived to defend at the trial. 6. It appears from the record that all..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....re consistent, uniform and corroborative with each other in respect of hoarding the aforesaid diesel and kerosene. He lastly submits that after considering the evidence on record the learned Tribunal rightly convicted the appellant, which calls for no interference by this Court. 11. In ord......o.7 dated 22-1-2007 corresponding to GR Case No.7 of 2007, convicting the appellant under section 25(1) Part (II) of the Special Powers Act, 1974 and sentencing him to suffer simple imprisonment for three months and also to pay a fine of Taka 1,000 in default to suffer simple imprisonment ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......ths and also to pay a fine of Taka 1,000 in default to suffer simple imprisonment for fifteen days more. 2. The prosecution case as projected in the first information report and unfurled at trial is, that on 22-1-2007 ASI Md. Abdul Aziz (P.W.1) along with other police personnel were on dut..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
.... consistent, uniform and corroborative with each other in respect of hoarding the aforesaid diesel and kerosene. He lastly submits that after considering the evidence on record the learned Tribunal rightly convicted the appellant, which calls for no interference by this Court. 11. In orde......ed 22-01-2007 corresponding to G.R. Case No.07 of 2007, convicting the appellant under section 25(1) Part (II) of the Special Powers Act, 1974 and sentencing him to suffer simple imprisonment for three months and also to pay a fine of Tk.1,000/- in default to suffer simple imprisonment fo......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......ths and also to pay a fine of Tk.1,000/- in default to suffer simple imprisonment for fifteen days more. 2. The prosecution case as projected in the first information report and unfurled at trial are that on 22-01-2007 A.S.I. Md. Abdul Aziz (P.W.1) along with other Police personnel wer..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
.... May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the p......p;……………Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......or decision at the peremptory hearing of the suit. 11. In the result the Rule is discharged. The application filed by the defendant-petitioners under Order 7 rule 11 of the Code is rejected. The trial court is directed to dispose of the suit as expeditiously as possible preferably within 6..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....ts even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the...... May 26, 2008. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 9, rule 8 Whether the cause of action to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......decision at the peremptory hearing of the suit. 11. In the result the rule is discharged. The application filed by the defendant-petitioners under Order 7 rule 11 of the Code is rejected. The trial court is directed to dispose of the suit as expeditiously as possible preferably within 6(six..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......nst the petitioners alleging, inter alia, that Nitol Motors Ltd. a business concern dealing in vehicle of different, models and in between 21-03-2000 to 20-05-2000, accused No.1 applied in prescribed form of the Company to purchase live trucks by installments, through the appointed dealers of the Co....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......1-2004 framed charge under sections 406, 420 of the Penal Code against the accused after rejecting the application filed by the accused under section 241A of the Code of Criminal Procedure. Meanwhile trial of the case has commenced and complainant was examined as P.W.1. 4. Feeling aggrieved by ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....ir natural guardian took over the possession of the transferred land. Thus the plaintiffs being the 16 annas owners of the suit property have been in peaceful possession thereof. Defendants having no right, title, interest and possession in the suit property by resorting to various tactics created f......t Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. kh......uo; In cross-examination this p.w. stated that he was the manager of Dodge Industrial Company of which the defendants were the directors. He further stated that the defendants used to supervise the affairs of the said company directly. He gave affidavit as tadbirvar of the defendants in Transfer Cas......Suit No.221 of 1964 was decreed on 25.12.65 in favour of Rasheda Begum declaring the registered agreements being Nos.6904 and 6905 dated on 16.11.59 as cancelled and ineffective. In the said suit the trial court also declared the two compromise applications filed in Money Suit No.50 of-59 and H..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
.... reasonably true, even though in reality if may not be true, it reacts upon the entire prosecution case. The accused becomes entitled to get benefit of doubt not as a matter of grace but as matter of right. 82. In the instant case the learned trial Court failed to consider the defence case and th......o Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment fo......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......e materials available on record, framed charge against the accused Kazi Islam under section 4(Kha)/9 of the Ordinance and read it over to him in open Court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 7 witnesses who were cross-examined by the defence and the def..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
.... reasonably true, even though in reality if may not be true, it reacts upon the entire prosecution case. The accused becomes entitled to get benefit of doubt not as a matter of grace but as matter of right. 82. In the instant case the learned trial Court failed to consider the defence case and th......o Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment fo......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......e materials available on record, framed charge against the accused Kazi Islam under section 4(Kha)/9 of the Ordinance and read it over to him in open Court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 7 witnesses who were cross-examined by the defence and the def..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......n Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......uld dispose of the case on merit and there is no provision for abatement of any suit. He further submits that section 17 of the Artha Rin Adalat Ain provided stipulated period of time to conclude the trial of the suit within 90 days and for extended period for another 30 days and if the Adalat fails..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no ground to ho......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......ed by the principle of estoppels, waiver and acquiescence and that Water Development Board is a semi- Government Autonomous Body and the post of the plaintiff is an irregular temporary post. The trial Court decreed the suit. 5. Being aggrieved thereby, the defendants preferred appeal befor..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court sub-ordinate to it and competent to try or dispose of the same, or (b..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....gnatory as attesting witness in bainanama
which was executed between the opposite party No.2 Biren and the pre-emptee
Rafika Begum on 16.2.1998 as such pre-emptor-opposite party relinquished his
right to file a pre-emption suit over the suit land as because the
pre-emptor-petitioner was very m......n 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......has increased to
a great extent and now valuation is about Tk.5,00,000/- and hence the
pre-emptor filed the instant suit for pre-emption and as such the suit is
liable to be dismissed.
4. The trial of the
case was held in the Court of the learned Senior Assistant Judge, Gobindagonj,
Gaiban..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
.... Mosiul Alam, the learned Advocate appearing for the defendant-opposite party after placing the impugned judgment and the depositions of P.Ws. and D.Ws. submits that the learned S.S.G. Judge was right in finding that the petitioner failed to prove the bonafide requirement for purposes of a mult......ed upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose o......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... had other rooms of the suit holding let out to other tenants, the plaintiff should not have chosen the particular room of the defendant as target of eviction for bonafide requirement. 5. At the trial the plaintiff examined 3 (three) witnesses and the defendant also examined 3(three) witne..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. Result: The Rule is discharged. Accuser’s right to file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr...... file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conviction has to f......ion could not be substantiated……(23) Cases Referred to- Abdul Kader Mirza and Another Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and Others, (2004) 56 DLR 31; Master Giasuddin and Others, (1997) 17 BLD (AD) 35; Government o...... the dishonoured cheque. As soon as the appeal is filed against the judgment of conviction and sentence, the appellate Court is required to stay operation of the judgment passed by the trial Court. Mere filing of an appeal does not operate as stay of the judgment of conviction an..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
.... upon the confessional statement of a child, as defined in the Children Act, 1974, without corroboration of the fact that he made the confession voluntarily and knowing the consequence of waiving his right to remain silent. ………………(22) Although the municipal law of Bangladesh does no......e of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsely confess to ha......itted of the charges leveled against him. Jail Appeal No. 4954 of 1991 is accordingly disposed. 27. Let a copy of this judgment be communicated to the Ministry of Law Justice and parliamentary Affairs with a recommendation to take steps for incorporating within the law a provision to have a par......which is exculpatory and proved beyond doubt his complicity in the murder of the victim. The learned Deputy Attorney-General submits that in view of the unambiguous confessional statement the learned trial Judge rightly found the accused guilty and there is no reason for this Court to interfere with..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
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