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Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....d that the statement what he deposed. He denied that he did not know whether there was any quarrel between Moslem and Hanif with the father of the accused Fazlu about possession of the railway property. He further denied that this case was instituted by the mother of the victim Lipa on the...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu......harge sheet and P.W.12 Dr. A. K. M. Rafiqul Islam Khan submitted medical report. He finally submitted that as the case was a fabricated one so the FIR was lodged after 15 days where there was no legal explanation of the delay but the trial judge without considering the above statements of P.Ws..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......: 27 BLD (HCD) (2007) 555.
......in with Sara Hossain with Ramzan Ali Sikder-For the Petitioner.
Fazlul Haque-For the Respondents.
Writ Petition No.8044 of 2005.
Judgment
Mohammad Abdur Rashid J.- In the above Rule Nisi legality of three CRF certificates issued on 20.10.05 in respect of the imported sugar was challenge..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....ief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiency stamped, and the plain......ion) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Parties Jud...... Petitioner. Md. Golam Hossain Sarwar, Advocate- For the Opposite Parties. Civil Revision No.2152 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the judgment and decree dated 27-04-2005 passed by the learned District Ju..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......n (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3...... - For the Respondents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No...Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
.... 'worker' was used instead of 'officer'. 18. We have considered all the Writ Petitions and their Annexures. Since the question of termination from service is involved it would be proper to quote section 19 of the Act as under: "Section 19. Termination of employment: Fo......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another…………………………….......s were simply terminated with all admissible monetary benefits and no blame or stigma was attributed against them for such termination. By the letters of termination, they were asked to collect their legal dues from the petitioner. The order of termination is legal, valid and binding on the responde..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... same time gives an opportunity to the Court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is the duty of the Court to question accused properly and fairly for bringing home to his mind in clear and simple language the exact case he ha...... (2008) 354. ......he alleged offence and no other hypothesis other than the guilt of the accused can be inferred from the given circumstances. In the case under review, circumstantial evidence falls far short of the legal test to be the basis of conviction of the accused appellants. In the facts and circumstances ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....e and prepared a sketch map along with an index thereof. He also held inquest on the deadbody of the deceased and sent the same to the morgue for post mortem examination. He also seized alamats under proper seizure list and examined witnesses under section 161 of the Code of Criminal Procedure. A pr......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ......e evidence on record in their true perspective and without taking into consideration of the statements made by the vital witnesses in their cross examination making the prosecution quite shaky most illegally convicted and sentenced them under section 302/34 of the Penal Code. His impugned judgment a..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....rjatan Daman Tribunal No.1, Dhaka, in petition Case No.07 of 2006 rejecting the petition case should not be quashed or pass such other or further order or orders passed as this court may seem fit and proper. 2. The facts of the case briefly are that on 29.1.2006 the petitioner filed a petition ...... August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral t......mplainant scuffle and the parties took to free fight on 14.12.22005 at 07.00 in the morning wherein the complainant was hurt. No evidence regarding demand of ransom for release of the daughter from illegal confinement was available. Thereafter the record of the case was placed before the Tribunal on..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
....s a special law and special provision is provided in section 96 of the Act for preferring appeal against the Judgment and decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower ...... Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Mosammat Momina Begum………………………Petitioner
Vs.
Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007.......ditional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999 so far it relates to the petitioner should not he declared to have been made without lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13.09.1999 should not be set aside ..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
...., appearing for the said appellants in Civil Appeal No.130 of 2006 and also appearing for the respondent Nos. 3 and 5 in Civil Appeal No. 131 of 2006, submitted that the High Court Division failed to properly consider the applicability of Rule 26 of the Building Construction Rules (as amended) read ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......respondent are guilty of gross violation of the Constitution, rule of law and fundamental rights of the writ-petitioners together with the prayer 'A' that the orders "F, K, L," should be declared illegal being violative of fundamental rights of the respondents as guaranteed under the Constitution...Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....n) did not state to him that accused Shamsul beat him with a rod and accused Montu caught hold of collar of his shirt. He denied the suggestion put by the defence that he did not investigate the case properly and being gained over by the informant submitted charge sheet after a perfunctory investiga......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat......ut any corroboration by the independent and disinterested witnesses. 68. In view of the discussion made above and the facts and circumstances of the case and the evidence on record, and also the legal position, we are of the opinion that the prosecution has miserably failed to prove the case ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....iament belonging to the ruling party at the relevant time. It appears that the decision for appointment of the respondent No.3 as Principal was made by the Governing Body of the College, which is the proper authority, and since the petitioners have nothing to be afraid of at the present in view of t......D) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....1(8)2006 under sections 302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts of the case are that one Billal Miah on 30.08.06 at 20:15 hours lod......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ...... learned Advocate appearing for the; accused-petitioners submits that out of previous enmity with the informant party this innocent petitioners have been falsely implicated in this case without any legal basis. The learned Advocate, in the course of his argument after placing the First Informatio..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
.... of his title and further declaration that
the plaintiff is maintaining his family independently, separated from his
father. The short facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindra Lal Ghosh the father of the plaintiff
and the land contain......d Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respondents
Judgment
...... which exists in a situation where the parties stand upon
nothing but an engagement which is not final or complete, is excluded. For
equity will support a transaction clothed imperfectly in those legal forms to
which finality attaches after the bargain has been acted upon."
and further ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
.... with the government allotted fund on the aforesaid khas plot No.1354. While in khas possession of the suit lands donor Bastullah Shaikh who was childless executed a registered will in respect of his properties including, the suit lands in favour of the plaintiffs who after the death of Bastullah Sh...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......any construction thereon as well as for a declaration that Khatian No.64/1 opened by Opposite Party-Defendant No.9 in Miscellaneous Case No.565/85-86 in the name of Opposite party-Defendant No.8 is illegal and void and not binding upon the Plaintiffs. The suit lands measure an area of .50 acre out o..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... Daman, Ain, 2000. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in this case. Before going to discuss the evidence on record we should again br......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma......ing before us the prosecution case. 15. The allegation against the accused appellant Roni Ahmed Liton @ Liton Ahmed Roni is that he abducted the victim Tohura on 25-8-2003 against her will and illegally raped her. 16. On the other hand, the defence version is that the victim is aged about ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....nexed in the writ petition arc not relevant to the petitioner. The annexure of 'C' series map relates to disputed question of facts. Annexure- 'D' is an application for release of the property and as such he prayed for discharging the Rule. 7. We have heard the learned Advocates......bdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others……………………….Respondent...... 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, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and validity of acquisition of his home..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... Munsurul Hoque Chowdhury, the learned Advocate for Yeasin Khan Palash alias Kala Palash and also submits that the impugned judgment and order of conviction and sentence dated 08.07.2003 is unjust, improper and bad in law inasmuch as in this case there was no legal consistent evidence on record to w......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis......ch raises a presumption against the prosecution to the effect that had they been examined they would not support the prosecution case. Mr. Hoque further submits that the learned tribunal Judge most illegally relying on the so-called statement of the condemned prisoner Kalla Palash as recorded in Aud..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ocate goes to argue that the deceased Kabul Khan may be the victim of murderous assault in an open fight between two rival political parties; but unless the very overt acts of the accused-persons are properly identified in the commission of the offence with the help of credible evidence; the qu......3; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193; State Vs. Moslem, 55 DLR 117; State Vs. Sahidul Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajast......of sentence of death penalty, awarded to the absconding accused, named above. 14. Since all these condemned-prisoner are still absconding; none of them has taken any opportunity to challenge the legality and propriety of the judgment under reference. Of course only the convicted accused-appella..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......d in: 61 DLR (HCD) (2009) 151. ......g effect to the aforesaid opinion of PSC. These facts show that the expectation of the petitioners about a year are reasonable and legitimate in the circumstances, which clothe the petitioners with legal right to get seniority pursuant to the opinion of PSC, since there is no overriding public i..Category: Others | Date: 16 May, 2007 | Hits: 4
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