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Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....atement must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such facts, the evidence of P.W.1 is vulnerable to the credibility. 28. On close analysis of th......ni, Assistant Attorney-General - For the Respondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by th......ted in this case. 7. After closure of the prosecution evidence, the accused were examined under section 342 of the Code of Criminal Procedure, again they repeated their innocence and led no evidence in defence. 8. After trial, the appellant was awarded conviction and sentence as afore..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ment Syed Mahmud Hossain J.-Writ Petition Nos.479 of 2007 and 5182 of 2007 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. The petitioners of both the Writ Petitions have challenged the order retiring them f......ioner (In Writ Petition No. 479 of 2007) Suheli Mahmood………………………………………..Petitioner (In Writ Petition No. 5182 of 2007) Vs. Bangladesh Biman Corporation and others…………………………………… Respondents Judgment June 4, 2008. ......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....ment must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such facts the evidence of P.W.1 is vulnerable to the credibility. 28. On close analysis of th...... Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed by the l......d in this case. 7. After closer of the prosecution evidence, the accused were examined under section 342 of the Code of Criminal Procedure, again they repeated their innocence and led no evidence in defence. 8. After trial, the appellant was awarded conviction and sentence as afor..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
.... the principle of res judicata within the meaning of section 11 of the Code and, as such, the plaint was liable to be rejected, but the learned Joint District Judge failed to consider the apparent facts as stated in the application for rejection of the plaint which were supported by the documen...... (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Afzal Hossain Ahmed J Abul Kashem-al-Asad……………………… Petitioner Vs. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: Th......es there was no scope of re-opening the matter again by declaring their title to the portion in the Suit land as claimed by them. It is true that in some cases it may so happen that without taking evidence it may not be possible to decide the question as to when a Suit is barred by the principle..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....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. ......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 the ejmali property he shall be ......e said application pending for consideration at the time of final disposal of the suit on the observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the prin..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....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. ......ction to bring a suit for partition subsists 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......the said application pending for consideration at the time of final disposal of the suit on the observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principl..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are that one Mirza Azam, Member of Parliament, in short, MP importe......am J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others……………………………………………………………………………........l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....Class Jessore, in C.R. Case No.549 of 2003 framing charge under sections 406, 420 of the Penal Code, now pending in the Court of Magistrate, First Class, Jessore, should not be quashed. 2. Short facts leading to this Rule are that the opposite party No.1 as complainant filed C.R. Case No.549 of......ase is also Reported in: 17 MLR (HCD) (2012) 463. ...... the defence version of the case.” 13. In the said case at paragraph 12, it has been observed: "High Court Division will see that on the facts disclosed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materi..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
.... not to appear. Mr. Deputy Attorney-General who appeared, ultimately told us that nothing happenned upon such requisition of the Election Commission.
26. Now, the issue that arose on the aforesaid facts and deserves consideration is, whether or not Urdu-speaking living in different camps set up b...... in: 60 DLR (HCD) (2008) 407.
......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was not maintainable and ......d in: 29 BLD (HCD) (2009) 347. ......lowed the appeal and dismissed the suit by setting aside the judgment and decree passed by the trial court. The concluding portion of the judgment is as under: "From the facts circumstances evidence as well as materials on record I am led to believe that the suit for permanent injunct..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
.... of the State an application for cancellation of bail of the petitioners and for discharge of the Rule was filed. 3. Both sides are heard together and disposed of by this Judgment. Short facts leading to this Rule are that on 12-04-2006 Md. Jamal Miah as complainant filed a Petition of...... is also Reported in: 15 MLR (HCD) (2010) 476. ......bail, commits the very same offence for which he is being tried or has been convicted, and thereby proves his utter unfitness to be on bail; if he hampers the investigation; if he tampers with the evidence; if he runs away to a foreign country, or goes under ground, or beyond the control of his ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....s Court and obtained the present Rule. 6. Mr. Rokan Uddin Mahmud, the learned Advocate appearing for the petitioner submits that the learned Judge of the Adalat under misconception of law and facts without appreciating the matter from a correct angle most illegally and mechanically passed......lso Reported in: 28 BLD (HCD) (2008) 503. ......rs demanded the outstanding dues and served legal notice upon the defendant on 16.10.2001 but inspite of that the defendant did not adjust the outstanding dues in which without assessment of the evidence it cannot be said that the averments of the plaint do not disclose any ingredients of “..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ation of the P.Ws. and the suggestions put forward on his behalf is that he is innocent and he has been falsely implicated in the case out of previous enmity and grudge. 8. On consideration of the facts and circumstances of the case and evidence on record, the learned Judge, was pleased to award ......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......ad 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 defence did not adduce any evidence. 6. After close of the examination of the prosecution witnesses, the accused appellant w..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....tion of the P.W.s. and the suggestions put forward on his behalf is that he is innocent and he has been falsely implicated in the case out of previous enmity and grudge. 8. On consideration of the facts and circumstances of the case and evidence on record, the learned Judge, was pleased to award ......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......ad 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 defence did not adduce any evidence. 6. After close of the examination of the prosecution witnesses, the accused appellant w..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....tiff 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 is that petitioner obtained loan against sancti......s also Reported in: 13 BLC (HCD) (2008) 572. ......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. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
.... Md. Khalilur Rahman, the learned Advocate for the opposite party, files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate...... excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert......e learned Advocate for the opposite party, files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate Court affirmed the judg..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......Road, Chakbazar, PS-Pachlaish,
Chittagong……………………………………………….Petitioner
Vs.
Secretary, Ministry
of Home Affairs, Government of Bangladesh, Ramna, Dhaka and
others………………………………………………………………………..Respon......ner in not
depositing the licensed pistol in time in view of aforesaid memos of the
Ministry of Home Affairs dated 19.09.01 and 09.12.01.
13. There is
nothing before us which could suggest or evidence that the petitioner had knowledge
of any of such memo for depositing his licensed pistol..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....
came to his finding in reversing the judgment and order passed by the trial
court. The appellate court after discussing all the material evidence on record
and after taking into consideration all facts and circumstances of the case
affecting the merit of the case came to his finding that the si......d. Dabirush-Shan J
Most. Rafika Begum……………………………………………………………..Petitioner
Vs.
Md. Mohammad Ali
Sheikh being dead his heirs Most. Asia Bewa and
others……………………………………………………………………………......its 1-3. On the
other hand, the pre-emptee examined 4 witnesses to prove her case and also
produced the papers and documents as Exhibits-"Ka and Kha-1". The
learned trial court after examining the evidence on record and perusing the papers
and documents produced by both the parties in respect of..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....anner is a Public post; we have already found that the Respondents Nos. 5, 6, 7 and 8 (Junior Planners) were eligible for promotion in the post of Senior Planner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. ......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....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 of disposal of this Rule are as follows: 3. The petitioner as pl...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......witnesses and the defendant also examined 3(three) witnesses and both the parties filed series of documents to prove their respective claims. 6. The Trial Court on consideration of the evidence and circumstances of the case dismissed the suit by impugned judgment and decree dated..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
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