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Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....at on 14.8.1997, while he was attached to Terakhada Police Station as S.I. of Police received a report from Dr. Maniruzzaman, medical officer of Terakhada Upazila Health Complex, to the effect that a woman named Anowara Begum died in the hospital due to haemorrhage. On the basis of that information ...... the daroga at about 4.00 P.M. The seizure list was marked as Ext.5. In cross-examination she stated that she gave treatment to deceased Anowara Begum as instructed by the doctor. The deceased was in full sense, when she was brought to the hospital. She enquired to the deceased who placed the root o......suffer further rigorous imprisonment for one year. 2. Short prosecution case is that on 12.8.1998 appellant Raqib 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 profu..Category: Criminal Law | Date: | Hits: 69
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
.... Magistrate Pabna. He further asserted that he did not go to the Upazilla Magistrate. This p.w. categorically denied the suggestion given by the prosecution that on 15.7.89 accused Labai along with a woman boarded his rickshaw and on way to Madartala Labai went to the house of one Shefai at Char Bub......id brother went to the police station with Minaz Master and he did not know who did what there and he also did not know any other thing. In cross examination this p.w. stated that all the accused are full brothers and he pleaded his ignorance as to whether the accused had any dispute with Minaj Mast...... 10 and 17 were declared hostile. The accused appellant being absconding he was defended by a state defence lawyer. The accused persons (since acquitted) who were present were represented by their engaged lawyer. The defence did not examine any witness but cross examined only p.ws. 1, 2, 3, 10, 12, ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......e an opportunity of being heard, by order in writing, cancel the license or suspend it for a period to be specified in the order and may also forfeit the security furnished by him under section 10 in full or in part”. 13. The writ petitioner has annexed a copy of the license (annex-B), wherein ...... Sultana Samsad, Assistant Attorney General-For respondent Nos.1 and 4. Writ Petition No.8751 of 2011. Judgment Md. Ruhul Quddus J. - This Rule nisi at the instance of a manpower recruiting agent was issued calling in question the legality of an order passed by the Government in the Minist..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......d (BCB) having experience of organizing different important international cricket matches. He also contends that the seven members nominated by National Sports Council are renowned sportsmen and have full competence to be the members of the general body. 7. Mr. Subrata Chowdhury, learned Advocate......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 94
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......ng Kong for negotiation/ payment. 10. But the said shipping of document were not retired by the defendant No.5 on the grounds of some discrepancy and consequently the L/C opening Bank returned the full set of documents to the, supplier. The L/C opening Bank further confirmed that no one furnished......vendor, admiralty jurisdiction cannot be invoked. To attract admiralty jurisdiction conditions as laid down in section 6 of the Admiralty Act, 1861 are to be present…………………..(40) "Damages done to the goods" as is appearing in section 6 has to be construed liberally so as to include ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......92. The divorce is admitted. It is also admitted that the dower money was affixed at Taka 55,000.00 both as prompt and deferred and out of the same Taka 500.00 was paid. 3. Trial Court decreed the full amount of dower being Taka 54,500.00 and maintenance per month at Taka 15,00.00 till the period......pted to reduce the amount. Only wife can remit the dower or part thereof in favour of the husband……………………………(14) Cases Referred to- Abdul Kadir Vs. Selima, Baille Vol.1, Page 91, 1986; 8 All 149; Nabir Ahmed Khan Vs. Ismat Jahan Begum, 21 DLR (SC) 145; Jyani Begum Vs. Um..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......Force, refused to accept service of the notice of this Court on the pretext that they were not properly identified. Thereafter, through the assistance and cooperation of the Civil Aviation Authority, full identification of the officers concerned were obtained, and notice having been duly served, t......r Force who appeared in the Chamber of the presiding Judge producing certain papers relating to the proceeding of the Court martial which took place against the five taskforce security officials engaged on security duty at the relevant time at Zia International Airport. 3. The facts, in brief, ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to 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: 64 DLR (HCD) (2012) 430. ......deed (Exht. B). In view of such facts both the Courts below came to a definite findings that the alleged kabuliyat No.2968 (exhibit-3) was forged. On appraisal of the materials on record I am also in full agreement with the aforesaid views. 24. It is evident from the evidence on record that die p....... Office is directed to 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: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
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. ......eal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examination under Section 342 ......ith his two full brothers namely, Humayun Kabir, Abul Kalam and maternal cousin Ziaur Rahman on 26.04.1996 at about 5:00 p.m. sold an ox for a sum of Tk.14,700/-only to one Hazi Md. Nazimuddin of village Tarapasha, Boila and the informant had also carried with him a sum of Tk.2,300/- and thus having..Category: Criminal Law | Date: | Hits: 83
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......revious years with its FDR income pursuant to section 37, section 42(6) read with paragraph 9(2) of the 3rd schedule of the Ordinance but it was not a allowed by the DCT, the AACT and Tribunal unlawfully and therefore, the question No.III should be answered in the negative in favour of the assesse......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......r in the Court of the Artha Rin Adalat. When the case was filed in the Artha Rin Adalat it was the duty of the Artha Rin Adalat to proceed with the case by registering it as a suit and to realize the full court fee. Instead of that after a lapse of seven years he has transferred the case to the lear......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
....ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......uit, but defendant No.5 contested the suit by filing written statement; that defendant No.5 as D.W.1 admitted in his cross-examination that he purchased the suit land from defendant No.1 and 2 having full knowledge about the present suit; that there was ad-interim order of injunction restraining the......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
..
Category: Civil Law | Date: | Hits: 103
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......81. Learned Single Judge heard Civil Revision Case and by Judgment dated May 31, 1984 discharged the Rule springing out of Civil Revision Petition. High Court Division in discharging the Rule came in full agreement with decisions recorded by learned Appellate Judge. m. Termination of Civil Revisi......9, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a dispute between the same par..Category: Property Law | Date: | Hits: 69
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......ve Director-II in the matter relating to opening of LC on behalf of the company were ratified.
11. It appears from this resolution that respondent No. 3 who is Executive Director II has been given full authority in the operation of the company's bank Accounts including borrowing, adjustment of ac......tors Sultana Hossain categorically denied her participation in any board meeting which was allegedly held on 7‑1‑95 and she was misled in signing certain papers sent to her residence taking advantage of her lonely existence. It is the further case of the plaintiffs that plaintiff Nos.2 and 4 wer..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....tion and sentence were illegal and unwarranted. 8. The complainant Helana Khatun in her deposition gave age to be 25 years on 28.11.82 which means that she was aged about 23 years and a matured woman on the alleged date of occurrence. In her written complaint which was admittedly got drafted b......hat there was neither any evidence on record nor even the complaint petition itself showed that there was any kind of ceremony of marriage so as to give a belief to the complainant about being the lawfully married wife of the accused and also that there was no evidence to show that the accused in an......al Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsha was the neighbour of complainant Helana Khatun aged about 23 years. As a neighbour he used to visit the house of the complainant. They became intim..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... Bangladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Khandakar Mushtaque Ahmed purportedly took over “all and full powers of the government of the People Republic of Bangladesh.” 5. A succession of actions......f post Office Workers and Others[1977]1 CA All ER; Asma Jilani Vs. Government of Punjab PLD 1972 SC 139; 5th Amendment case (AD); BIMW Ltd. Vs Bangladesh and others 2006 (Special Issue) BLT (HCD) at page 67; Oacker Vs. Packer (1953) 2 All ER 127 at page-129 H; State Vs. Dosso (1959 11 DLR SC 1; Sidd..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......cedure on the death of the secretary of the Akhra. It is further contended that the Maharaja of Muktagacha established the Akhra and by a deed of endowment established the plaintiff which is being managed by a committee constituted from time to time. 4. In the application it is clearly stated tha..Category: Civil Law | Date: | Hits: 104
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......int had been crystallized that convict-appellant Muhibur Rahman Manik is not the absolute owner of the occurrence building and the occurrence Building is, also, owned and possessed by his other three full brothers. Endeavour mounted from the side of prosecution to show convict-appellant Muhibur Rahm......rther Rigorous Imprisonment for Six (6) months in default of payment of fine. Druta Bichar Tribunal found accused Md. Zakaria Chowdhury, Billal Ahmed and Md. Biplob Bhuiyan not guilty of the charge staged against them and pronounced a verdict of acquittal upon them. Judgment had been handed down on ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......itional District Judge, 1st Court, Tangail, who by his judgment dated 13.6.2005, allowed the appeal and set aside the preliminary decree passed by the learned Assistant Judge, Tangail and allowed the full relief to the plaintiff in the form of preliminary decree in full as prayed by the plaintiff in......976, the defendant-respondent-petitioner mutated their name in the ROR and accordingly paying the rent tax to the authority. The recent record of right is also prepared accordingly at the attesting stage and therefore the instant suit is liable to be dismissed. 5. The plaintiff Surja Miah @ Sujja..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......s and law involved in the case, as such the Full Board on review, rectified the Mistakes by order dated 9-12-2003 in Review Case No.3-108/95. Since the decree passed in Title Suit No.280 of 1970, the full Board sustained the Mutation of aforesaid 7 (Seven) plots measuring 5.17 acres in the name of M......ertiorari can be issued if there is an error of law apparent on the face of record. What would constitute an error of law is well known. In judicial Review of Administrative Action, IV the Edition page 136-37, SA de Smith has summed up the position: "(5) The concept of error of law includes the..Category: Property Law | Date: | Hits: 115
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