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Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....on 161 of the Code of Criminal Procedure and after completion of thorough investigation submitted final report under section 173 of the Penal Code, vide Final Report No.55 dated 13.03.2003. In the facts of the present case it would be useful if we reproduce here the relevant portion of the Final......ported in: 13 MLR (HCD) (2008) 68. ......er the harsh provision of Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned Advocate, in the course of argument has taken us through the first information report and consecutive final reports as evidenced by Annexure-A, B & D to the application and then submits that the present accused pet..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ......f the accused Md. Abdul Gofur. 13. During cross-examination, he said that he was one of the Salish member which was held for dispute over demand of TK. 20,000/- as dowry. It is also his positive evidence that prior to the occurrence, the accused demanded TK. 20,000/- as dowry from his wife and ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mpted the I.O. to include in the charge sheet, as accused, someone by the name Sundar Babu, who is identified therein as son of Afzal of 57 Naya Paltan, Lalbagh, when no one mentioned the identifying facts, namely the father's name and address. 45. Another argument was put forward that the accuse......n (Criminal Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J The State…………………………………………..Appellant Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Resu......ons and that was the reason for his murder. He stated that accused Eunus Mollah was not named in the FIR and no mention was made with regard to the property dispute. He added that he did not find any evidence of explosion of bomb at the place of occurrence. He also stated that he recorded the statem..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....learned Subordinate Judge and Judge of the Artha Rin Adalat No.4, Dhaka, in Title Suit No.141 of 1999, allowing an application filed under order VI Rule 17 of the Code of Civil Procedure. 2. Short facts leading to this Rule, are that on 25-04-1995 the opposite party No.1 as plaintiff instituted T......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......ndment is necessary for the purpose of determining the real question in controversy between the parties and proper adjudication of the suit. Moreover the plaintiff will prove his own case by adducing evidence and the defendants have the ample opportunity to file additional written statement against ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....s prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 01-07-1991 Fuljan Bibi alias Gedi Bibi (predecessor of the pe...... This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu......endants to test his veracity by cross-examination. He referred to the case reported in 25 BLT, 41 in support of his contention that even a boy of 13 years is not a child witness of tender age and his evidence cannot be rejected but unfortunately in the instant case defendant No.1 has been withheld w..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Respondents Jud....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
....992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......in: 26 BLD (HCD) (2007) 488.
......in; that the deed of sale dated 19.12.1917 purported to have executed by Sarat Sundari to Dijendra Lal Roy was forged.
5. The learned Subordinate Judge (now Joint District Judge) after recording evidence adduced by the parties in support of their respective case and on consideration of the..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ...... Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of ......Attorney General appearing for the State submits that the First Information Report disclosed incriminating material on the involvement of the accused appellant, in hundi business which is a matter of evidence at the time of the trial. As such order of taking cognizance for a offence under Section 25..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
.... the learned District Judge: 1. Was the probate obtained collusively and illegally? 2. Is the petitioner entitled to get any relief? 13. The learned District Judge considering the facts and circumstances of the case and evidence on record found that the petitioner was not su......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h...... the probate obtained collusively and illegally? 2. Is the petitioner entitled to get any relief? 13. The learned District Judge considering the facts and circumstances of the case and evidence on record found that the petitioner was not subsequent heir of Fekuram Hazra, husband ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....se, but that does not entitle the plaintiff to get a decree………………………….(9 & 10) The appellate court is the final court of facts and the decision on question of facts by the appellate court can not be interfered with by the......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......of facts and the decision on question of facts by the appellate court can not be interfered with by the High Court Division in exercising revision jurisdiction unless there has been any misreading of evidence or non-consideration of material evidence occasioning failure of justice…&helli..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....ct are illegal. There is no bonafide requirement of the suit premises by the opposite-parties. 5. After hearing the parties and on an appraisal of the evidence and materials on record and in the facts and circumstances of the case, the lower Court decreed the suit on the observation, inter alia......e is also Reported in: 61 DLR (HCD) (2009) 518. ......er section 106 of the Transfer of Property Act are illegal. There is no bonafide requirement of the suit premises by the opposite-parties. 5. After hearing the parties and on an appraisal of the evidence and materials on record and in the facts and circumstances of the case, the lower Court dec..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....ion not with the same prayer; though no issues are framed, the issues may not be same. The relief claimed in subsequent suit cannot be determined and granted in previously instantiated suit. From the facts and circumstances of the case as discussed above we do not find any reason to interfere in the......diction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..Opposite Parties Judgment June 25, 2006....... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....ant Attorney General could not however make any comment on the Certificate issued by the Sonali Bank as evidenced by Annexure-F-1.
9. Considering the statements made in the petition and the facts and circumstances of the Case and the submissions of the learned Advocate appearing for t...... J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a......
Judgment
Shah Abu Nayeem Mominur Rahman J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be d..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
.... appellant. 2. As both the appeals are directed against same order of refusal of the prayer for custody of the victim girl they are heard together and disposed of by common judgment. 3. The facts leading to the appeal in short are that the appellant Mostafa Kamal as informant lodged First ......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....other alternative and efficacious remedy under
section 561A of the Code of Criminal Procedure and, as such, the writ petition
is not maintainable. The writ petition involves disputed questions of facts
resolution of which is not possible by affidavit and as such the writ petition
is not mainta......CD) (2008) 57.
......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....titioners put in the service of 8 years and as such the impugned decision is without lawful authority and is of no legal effect. He then submits that the Labour Court committed an error of law and facts apparent on the face of the record in holding that there is no scope to declare the service o......ported in: 28 BLD (HCD) (2008) 427. ......ording to Section 4(1) and (2) of the Employment of Labour (S.O.) Act, 1965. He then submits that the Labour Court failed to appreciate and consider the facts and circumstances of the cases and the evidence on record and consequently there is a miscarriage of justice leading to arbitrary, malafid..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....al effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from......……………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....se decisions of this Court and those of the Appellate Divisions, and interpret them differently. In the premises, we find that this Court has delivered conflicting judgments on similar nature of facts. We are of the view that there should be uniformity in the decisions of this Court on this poi......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......esses and also did not produce the alamats in Court, he convicted, the appellant relying on the decision in Abdur Razzaque Talukder Vs. The State, 51 DLR 83, wherein it has been held that if the evidence of the prosecuting agency are found reliable, non-examination of seizure list witnesses wou..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... of the plaint demanded acceptance by learned Assistant Judge and calls for favourable reception by this Court. 5. The verdict proposed to be pronounced does not press for a detailed disclosure of facts except those which shed light on the legal controversy and these are: a. Petitioners as pla......er the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
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