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Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ur of Jahanara Begum at a stage when no registered lease deed was executed in favour of Nazar Ali by the Ministry of Works and the agreement for sale was made only after obtaining letter of allotment from the authority concerned; Nazar Ali during his life time could not execute and register the deed......the suit land on the death of their predecessor having not been specified or ascertained they can also not be directed to execute and register a sale deed in favour of the plaintiff although in their independent capacity they have by now acquired a registered lease deed in their favour in respect of......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......dings had nothing to do with those proceedings. The learned judge further found that the plaintiffs had full knowledge of the proceedings since 1972 and since the suit was not brought within one year from the date of knowledge it was barred under Article 14 of the Limitation Act. 7. It is the pro...... 19. However, the period of time when the owner concerned of the disputed property in the instant case is alleged to have left the country and gone to India, is subsequent to the emergence of the independent Sovereign State of Bangladesh. After the emergence of Bangladesh only those propertie......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......ate - For the opposite parties. Civil Revision No.123 of 2000. Judgment Md. Emdadul Huq J.- The dispute in this Civil revision is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occa...... heard about the licensee from their grand mother and paternal uncle. P.W.1 further stated that the said paternal uncle Abdus Samad is still alive. But plaintiffs neither produced Abdus Samad nor any independent witness. In consideration of such position the trial Court and also the appellate Court ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......t Nos.2 and 3 sold their share in plot Nos.481, 482, 338, 276, 337/516 and 228 to defendant No.5 by a registered sale deed dated 14.2.1977. Defendant No.1 also transferred his share to defendant No.5 from the aforesaid plots by a registered sale deed dated 18.2.1977. Defendant Nos.1 to 3 also transf......n Bibi was not born in the womb of Khanto Bibi. So, the plaintiffs, the daughters of Insun Bibi were not the legal heirs of Khanto Bibi. Inspite of those plaintiffs did not adduce any evidence by any independent witness to establish that the plaintiffs were the legal heirs of late Khanto Bibi. She n......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
.... extremely difficult to produce independent evidence of the payment of bribe because bribes are always paid secretly. The Judges have, therefore, been asked again and again to relax the rules for the corroboration of the evidence of accomplices in order to ensure that the corrupt do not go unpunishe......sses and obtained their signature. Further case, as narrated in the FIR, is that, the accused petitioner, having occupied a high official position, has been illegally earning money through corruption from various contractors and that the petitioner demanded Taka 1,00,000 at about 9-00 AM on 20-6-07 ......ip Justice Mr. Dorab Patel recording that "To give a bribe to a Government servant has been considered the usual thing in the sub-continent for centuries and it is also extremely difficult to produce independent evidence of the payment of bribe because bribes are always paid secretly. The Judges hav......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ..Category: Anti-Corruption Laws | Date: | Hits: 44
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......scussions made above and the preponderant judicial views emerging out of the authorities referred to above, I am of the view that the impugned judgment and decree of the Court of appeal below suffers from legal infirmities, which calls for interference by this Court. Thus the Rule, having merit, suc......rted in 8 BLC (AD) 77 wherein it has been held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and re-assess the evidence on record independently while either reversing or affirming the finding of the trial Court. In a case of rever......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....bunal No.6, Dhaka and submits that the learned Judge erred in law in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any corroboration by the evidence of reliable and independent witnesses. Hence the judgment and order of......d 3 youths were running and being suspicious, he arrested the accused Appellant Md. Nur Hossen amongst others and after conducting search, he recovered a country made Pipe Gun loaded with a cartridge from his wrist. He prepared a seizure list and obtained signatures of the witnesses. 3. After fil...... Judge erred in law in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any corroboration by the evidence of reliable and independent witnesses. Hence the judgment and order of conviction and sentence should be set aside a......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......an J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......ircumstances of the case, the Tribunal was justified in law not holding that the AACT as well as the DCT acted illegally in treating the investment under Section 19(3) and 19(4) as (income from other sources) in spite of the fact that the assessee disclosed the source of the money with supporting ev..Category: Fiscal/Taxation Law | Date: | Hits: 83
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... which Civil Appeal No.256 of 2009 stating, inter alia, that the environment of Dhaka city is being continuously endangered and threatened by various unplanned and illegal activities originating both from private and public sectors causing irreparable harm to human beings. In 1997 RAJUK prepared a f......-human rights are presented as universal and protection of the environment appears as everyone’s responsibility. Human rights and environmental law have traditionally been envisaged as two distinct independent spheres of rights. Now-a-days, the people’s perception is aroused to the notion that t...... Municipal council (1997)6 SCC 370; Sharif Nurul Ambia Vs. Dhaka City Corporation, 58 DLD (AD) 253; Dr. Mohiuddin Faroque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others (1997) 49 DLR (AD)01; Lakshmipathy Vs. Karnataka, AIR 1992 ; Ka..
Category: Environmental Law | Date: | Hits: 434
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......xamined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 8. The defence case as it transpires from the trend of cross-examination of the P.Ws. and the suggestions put forward on their behalf is ......nnot be mechanically rejected by saying that they are interested. We cannot find any fault with such reasoning of the High Court Division. 15. Moreover, we find from the records that P.W.4 is an independent witness who saw the occurrence from close quarters and he himself assisted in bandaging ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ...... formulate government policies and unlike the bureaucrats, they do not implement such policies. Nature of the Jobs the superior Judges perform are best reflected in the following passages, reproduced from the book, titled English Legal System “12th Edition, authored by Prof Garry Slapper & Dav......tion of the Judges. In line with Mostesquie’s classic exposition of the separation of powers, the Judiciary occupy a situation apart from the legislative and executive arms of the State and operate independently of them”. (Page 199). 21. Max Webber, an US political sociologist, in constructin......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......ants Vs. Abdul Mannan and others………………………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is n......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......decessor of the plaintiffs was a minor school going student during the R.S. operation of the year, 1925 and was in joint mess with his father Abdul Latif in the year 1925; that Abdul Kader Mia had no source of income to take settlement of the suit land and he never possessed the suit land before the..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....rosecution case. P.W.4 public seizure list witness deposed that he did not see the Phensidyle and P.W.5 according to the defence version had enmity with the appellant. In the present case there is no corroboration of the evidence of the interested witnesses by any disinterested or independent witnes......is that on 11.6.2000 at about 10.35 P.M. the informant along with his mobile team on receiving a secret information raided the homestead of the appellant and recovered 30 bottles of Indian Phensidyle from the bathroom of the accused and accordingly a seizure list was prepared and hence the case. ...... 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesses, the accused persons are entitled to get acquittal. Even if there are elements......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......aqib without the consent of his wife, deceased Anowara with intent to cause her miscarriage got a piece of root of plant placed in her vagina by absconding convict Ful Baru resulting profuse bleeding from her private parts and miscarriage. Then on 13.8.1998 he got his wife admitted into Terakhada Up...... miscarriage has been well established. At his instance miscarriage was done. 30. But from the evidence of P.W.5 we find that the deceased wife was a consenting party. P.W.5 is a disinterested and independent witness. He said that the deceased told her that she was not ready to carry the child at......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......-operation in the process of selling, delivering of the company's product, goods and cash transaction by the accused as marketing officer in the company and without having prior permission or consent from the authority, the accused (petitioner) being assistant manager (marketing) sent a resignation ......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......nd force in the submission of Mr. Md. Jahangir Hossain, the learned Advocate for the accused petitioner. 13. In absence of any definite allegation of inducement for getting money from a particular source or person and refusal to repay the same, the proceeding of the case is an abuse of process of..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......ection 5(2) of the Prevention of Corruption Act, 1947 against the accused Badsha Alam and Sadhan Mohajan Chairman and Secretary of the project Committee respectively. 5. The record was transmitted from the court of Magistrate to learned Senior Special Judge, Chittagong who took cognizance of the ......not sustainable in law. 28. The prosecution has failed to prove the misappropriation of wheat to the amount of Taka 20,187.52 beyond reasonable doubt and that the prosecution failed to produce any independent evidence to substantiate the case of the prosecution. 29. The learned Divisional Spec...... that any public servant who commits or attempts to commit criminal misconduct shall be punished with imprisonment for a term which may extend to seven years or with fine or both, and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the state. ..Category: Criminal Law | Date: | Hits: 76
....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......n, the architect of independent Bangladesh wrote two letters of condolence to his (Tajul Islam’s) father Nur Ahmed since deceased and sent him two cheques each worth Taka 2000/- (two thousand) only from the Prime Minister’s Relief Fund to help his family.
6. Nur Ahmed, the father of martyr fr......At one stage during the war of liberation he (Tajul Islam) died in a battle against Pakistani occupation army at Chhagalnaiya EPR Camp, Feni.
5. Bangabandhu Sheikh Mujibur Rahman, the architect of independent Bangladesh wrote two letters of condolence to his (Tajul Islam’s) father Nur Ahmed sin......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Others | Date: | Hits: 103
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......easuring .66 decimals of the said Mouza to the plaintiff. Talks were held in presence of witnesses and that the defendant Nos. 1 and 2 received Tk. 10,000/- out of Tk. 15,000/- as consideration money from the plaintiff as well as through P.Ws. 3 and 4 and that the defendant No.1 wrote three letters ......P.W. 2, 4, 5 and 6 are plaintiffs father, brother and other relatives and P.W.3 is his day labourer. So it appears, all the P.Ws. are interested witnesses and the plaintiff also failed to produce any independent witness in support of his case for proving the agreement as well as taking of possession......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... the accused dealt a razor blow on the left wrist of Humayun Kabir causing grievous injury whereupon he cried out and fell down on the ground and then another accused person snatched away those money from him and fled away. The informant and his brothers caught hold of the accused Shahid with me Raz......P.W.1 stated that accused Shahid had not disclosed to them the name of any other accused. None of the witnesses deposed implicating accused appellant Kashem. Thus the prosecution failed to adduce any independent evidence to state that the accused Kashem snatched the money and fled away. The alleged ......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......, the learned Tribunal did not examine the accused-petitioner and others as they were in absconsion. 9. The defence did not examine any witness on their behalf. The defence case as could be gather from the petition under section 561A of the Code of Criminal Prosecution is the total denial. There,......e for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the absence of independent witness the evidence are not credible and ad......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
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