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Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....g out of C.R. Case No.322 of 2005 now pending for trail in the Court of 5th Assistant Metropolitan Sessions Judge, Dhaka should not be declared to have been done without lawful authority. 2. The facts leading to the issuance of the Rule, in brief are: Respondent No.3 as the complainant lod......J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. ......ourt of Assistant Metropolitan Sessions Judge received the record on 4.6.2006. The case was fixed for framing of charge on 31.7.2006 on which charge was framed against the petitioner. Meanwhile, evidence was taken from the side of the prosecution. While examination of a witness was going on, th..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
.... 12 of 1991 which was renumbered as Jail Appeal No. 4954 of 1991 (Dhaka) and also regular Criminal Appeal No. 259 of 1985 (Rangpur) renumbered as Criminal Appeal No. 4953 of 1991 (Dhaka). 2. The facts of the case, in brief, are that on 1st Falgun, 1387 BS corresponding to 13-2-81 deceased Meher...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......lty and claimed to be tried. 5. The prosecution examined eleven witnesses in order to establish the case against the accused persons, whereas the defiance did not call any witness nor adduce any evidence in support of their defiance. From the trend of cross-examination of the prosecution witnes..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....2 of 1991 which was renumbered as Jail Appeal No. 4954 of 1991 (Dhaka) and also regular Criminal Appeal No. 259 of 1985 (Rangpur), renumbered as Criminal Appeal No. 4953 of 1991 (Dhaka). 2. The facts of the case, in brief, are that on 1st Falgun, 1387 B.S. corresponding to 13.2.81 deceased Meh.............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......ilty and claimed to be tried. 4. The prosecution examined eleven witnesses in order to establish the case against the accused persons, whereas the defence did not call any witness nor adduced any evidence in support of their defence. From the trend of cross-examination of the prosecution witness..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
.... plaintiffs were made party namely, Kuti Bibi who died long before in the year of 1974, Dawlat Bibi who died in the year of 1982, Rahela Bibi died in the year of 1984 and by suppressing the aforesaid facts the defendants fraudulently obtained a decree in Title Suit No.9 of 1998 and by practicing fra......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......iffs examined as many as 6(six) witnesses and defendants examined 4(four) witnesses to prove their respective claim over the suit property and after concluding the trial of the case and examining the evidence on record and also perusing the papers and documents produce by both the parties, the learn..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....Respondents Judgment February 19, 2008. Result: The petition is dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts apparent to the complaint petition.......................(6) Lawyers Involved: M. Moksadul I...... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md.Hassan Ameen J Mrs. Rehan Parvin @ Shohely Parvin…………………...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. ......re against the accused petitioner. 4. Mr. M. Moksadul Islam, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to apply its judicial minds in assessing the evidence and materials on record and the provision of law applicable thereto and to appreciate the f..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... common, we heard them together and now, dispose of them by this judgment and order. 2. The questions of law referred to this Division for determination are as follows: (1) Whether, on, the facts and in the circumstances of the case, the Taxes Appellate Tribunal was legally justified in up......lip;…………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any cons...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....t land and thus they do not in any way support the defense case on payment of rent in order to prove possession in the suit land. The decision reported in 35 DLR (AD) 216 has no application in the facts of the case before us. In the said decision our Appellate Division took the view that the ren......also Reported in: 13 MLR (HCD) (2008) 193. ......e kabalas and also their possession and subsequent dispossession from portion of the suit land, as alleged in the plaint. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the finding that the plaintiffs have proved their title on the basis of ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....r, the case was transferred to the learned Additional Sessions Judge, Kishoregonj who held trial. 7. The prosecution examined 11 P.Ws. and the defence examined none. After considering the facts and circumstances of the case and evidence on record, the learned trial Court was pleased t......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the......Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failu..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a...... insertion annexed as Annexures-'H' and I has to the Supplementary Affidavit a list of the shareholders members of the Company and a copy of an extract of the Attendance Register Book respectively in evidence of individual members attending and voting as well as certain invitees attending at the EGM..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
.... this Rule is whether the custody of the child should be restored to his father, the plaintiff-opposite party No.1 (hereinafter referred to as "opposite party".) 3. For disposal of the Rule, short facts are that the opposite party No.1 as plaintiff petitioner filed Family Case No.400 of 2004 stat...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......i) Whose custody will cause the most welfare for the said minor. iii) Whether the petitioner can get the relief as per prayer or any other relief in a different way. 7. Both the parties adduced evidence both oral as well as documentary, two witnesses were examined from the side of the opposite..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....ion and that the defendants were possessing the land adversely against the plaintiff and the genealogy given by the plaintiff in the plaint is not proper. The plaintiffs have intentionally suppressed facts and have not allotted any share which Ziaullah was entitled as residuary and thus the suit of ......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ......erts a hostile title and adverse possession therein as in the present case. The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the findings of the trial Court, the narration of t..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo......rovision of Order VII, rule 14 of the Code which is as under: "R 14—Production of documents along with the plaint.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presented and s..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....a supplementary affidavit sworn on 15-1-08 the assesses formulated the following question of law superseding the earlier questions of law for determination by this Division: Whether in the facts and on the circumstances of the case, the Appellate Tribunal, Chittagong Bench, Chittagong wa......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between the initial order of detention and grounds In case of an initial order of detention, the facts and materials must coexist with the order of detention and the grounds of detention and the...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....ween accused Abdul Aziz and the parents of the informant and that because of that enmity he has been falsely implicated in this case. 7. On consideration of the evidence on record as well as the facts and circumstances of the case the learned Judge, Nari-o-Shishu Nirjatan Daman Adalat, Dinajp...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener......e examination of the prosecution witnesses, the accused person was examined under section 342 of the Code of Criminal Procedure to which he repeated his innocence and the defence did not adduce any evidence on his behalf. 6. The defence case, as it transpires from the trend of cross-examinati..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....ioner, Dhaka) came to the local area of Badda and demarcated the land with pucca pillars and accordingly Kanongo and Surveyor demarcated the land for putting pucca pillars. In the back ground of such facts the petitioners and others approached to respondent No.3, Chairman, RAJUK to implement the dec......e is also Reported in: 14 MLR (HCD) (2009) 264. ......ইমতে সি জোনের নক্সা সংশোধন করিতে পারে।” 4. The Government on considering of the aforesaid enquiry, report arrived at a decision as evidenced by Memo No.SHA-8/ RAJ-65/ 93/91 dated 29.06.94 which was written to the Chairman, RAJUK, D..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
.... decided in those judgments. Rather, the Appellate Division did not interfere in that case only for doing complete justice but did not consider the legal aspects involved in the matter. Moreover, the facts and circumstances of that case and the present one are quite distinguishable. Therefore, the s......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....akhilas, Hokum Nama and other connected papers and the judgment of both the Courts below it transpires that the lower appellate Court as well as the trial Court committed error in law as well as on facts. Both the courts below in their judgment observed that the plaintiff has possessed the suit l......Case is also Reported in: 61 DLR (HCD) (2009) 509. ......he trial plaintiff examined 2 witnesses and the defendant examined only 1 witness Tahsilder to prove their respective cases. The learned trial Court after hearing both the parties and perusing the evidence on record document and exhibits and also the Hukum Nama came to a finding that the plainti..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ment for each assessment year, which were on condonation of delay made ready for hearing. 8. The following question was originally referred for determination by this Division: i) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in passing order uph......tagong……………………Respondent(s) Judgment December 12, 2007. Result: The references are disposed of against the respondent. Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230 at 1233. Lawyers Involved: Mosharaf Hossain and Tapan Kanti Das, Advoc......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......ence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus......dgment December 9, 2007. Result: The appeal is accordingly allowed. The Evidence Act, 1872 (Act No. I of 1872); section 106 Burden of proof In the absence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, ..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
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