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Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ...... The Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prosecution case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviati......rge framed against the appellant is defective. He next points out that prosecution miserably failed to prove the case against the appellant beyond reasonable doubt by adducing reliable and sufficient evidence. He submits that there are contradictions and discrepancies amongst the evidence of witness..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
.... standing in the name of the Government, such land must be restored to its original position before taking any punitive action against the unscrupulous Government officials. 21. In the facts and circumstances, it appears that the land of suit plot Nos.794 and 2546/2583 should not...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ......“সর্বসাধারনের ব্যবহার্য” the plaintiff took settlement of the suit land. 8. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. The trial Court decreed the suit. 9. Defend..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam......zipur.................Respondents Judgment March 22, 2006. Result: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enqu..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....ave to appeal is directed against the judgment and order dated 28.11.2002 passed by a Division Bench of the High Court Division in write petition No. 5684 of 2002 discharging the Rule. 2. Short facts are that the petitioner was charged and convicted under sections 8 and 9 (a) (b) (c) of the Na......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f...... I. Could the prosecution bring home the charge staged against convict-appellant beyond any shadow of doubt. And II. Whether the Judgment under protest in the appeal can be sustained on evidence, materials on record, fact and circumstances of the case and, also in safe dispensation of ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....judgment and other material on records and given our anxious considerations to the submission, advanced by the learned Advocates of both the sides. 20. On consideration of the above evidence and facts and circumstances appearing therefrom we find that the allegation of taking away the victim by...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ......another……………………...........Respondents Judgment February 7, 2006. Result: The appeal is dismissed with modification. A medical report is not the substantive evidence. The evidence given by the doctor in the Court on oath is the substantive evidence………..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....e Judge, 2nd Court, Comilla, in Title Appeal No.328 of 1992 affirming those dated 26-09-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla, in Title Suit No.2 of 1991. 2. The facts involved for disposal of the rule are as follows: 3. The petitioner as plaintiff institut......This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......ssion and the present one for redemption of mortgage and thus committed an error of law that occasioned a failure of justice. He again submitted that both the courts below failed to consider the evidence both oral and documentary in their true perspectives and also misunderstood the munici..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....nature of Mohasin Darbar appearing in the deed of agreement for sale and his signature given in the confirmation receipt of part payment marked exhibit-6 are of the same hand. In the light of the facts and circumstances of the case and evidence on record, we are fully convinced that the deed of......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005......y in favour of the plaintiff. 16. The defendants examined none nor did they file any document in support of their contention. 17. The learned Joint District Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....ule arises out of an order dated 12.7.2005 passed in
Miscellaneous Case No.55/2005 by Artha Rin Adalat No.1, Dhaka arising out of
Money Execution Case No.417/2003.
2. Briefly stated, the facts are that
the petitioner is a Private Limited Company engaged in the business of Real
Est......nal Jurisdiction)
Present:
Md. Awlad Ali J
Zinat Ara J
M/S. Uttara Properties Ltd…………………………………………Petitioner
Vs.
Joint District Judge and Artharin
Adalat No.1, Dhaka and others…………Respondents
Judgment
December 15......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
.....- These appeals by leave are from the judgment and order dated 16.08.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 455 of 1981 making the Rule absolute. 2. Short facts are that the plaintiff instituted Title Suit No. 34 of 1970 in the 2nd Court of Subordinate ......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and others .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ......ng jurisdiction under section 115 of the Code of Civil Procedure exceeded his jurisdiction in setting aside the concurrent finding of the fact arrived at by the courts below on proper appreciation of evidence on record and the next submission that the courts below upon considering the oral as well a..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
.... the learned Advocate appearing in support
of the Rule for the petitioner submits that the judgments of the Courts below
suffers from illegality and infirmity for non-consideration of the material
facts and issue involved in the suit and as such are liable to be set aside. He
argues that the app......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
......itted in
dismissing the plaintiff from her service.
5. Trial Court framed 4 issues for decision.
6. Plaintiff examined 2 witnesses and
produced some documents which were admitted into evidence and marked as
Exts.1-7 while defence examined three witnesses and produced some documents ..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are that the Opposite Parties as plaintiff instituted Tit......y vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......tion) Present: Md. Awlad Ali J Zinat Ara J Industries Chemie BV…………………………..Applicant Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. Result: The......ngladesh, and applied for registration of the said trade mark being application No. 50981 in Class-1 before the respondent No. 2 The appellant thereafter had taken urgent steps for preparation of the evidence in support of the opposition case but as there was no possibility of collecting evidence fr..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
.... 30 dated 31-10-2001. The condemned prisoner has also preferred Jail Appeal No. 611 of 2003 which has been heard together and both the cases are being disposed of by this single judgment. 2. The facts leading to the prosecution are as follows: On 15 Kartik 1408 BS corresponding to 30-10- ......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;......l. 9. Mr. Md. Khalilur Rahman Bhuiyan, the learned Advocate, being appointed by the State to defend the condemned prisoner, submits that the learned Judge of the trial Court has failed to assess evidence on record in the right direction and that he recorded the order of conviction and sentence ..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......D (HCD) (2007) 29. ......ses and tendered two namely P.W.6 Abdul Mannan and P.W.17 Soleman for cross-examination and the defence cross-examined P.W.6 and declined to cross-examine P.W.17. After closure of the prosecution evidence the accused persons were examined under section 342 of the Code of Criminal Procedure, ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....hrough the process of law. This view also finds support from the decision in the case of Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited reported in 14 B.L.D (AD) 254. 13. In the facts and circumstances of the case we find merit in this Rule. 14. Accordingly, the Rule is made......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………….Responde......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....n Bench held that the suit as famed was not maintainable for want of a prayer for a consequential relief for a decree for money and such omission was unintentional and due to bona fide mistake on the facts and law. 6. He submits that as the suit was dismissed on the preliminary point of maintai......Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment August 2......gladesh, 48 DLR (AD) 178 and Md. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR (SC) 276. A review of a judgment could be sought for from discovery of new and important matter or evidence, or on account of some mistake or error apparent on the face of the record or for any other..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....ly submitted that the provisions of sections 29, 30(2)m and 37(3)g, 89 and 90 have no manner of application in the instant case as under the law prevalent the said provisions are not attracted in the facts and circumstances of the case to delete the clause of 'co-exclusivity' duly incorporated by th...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....urement Scrutiny Committee and the Report of the respondent
N0.4, the Additional Chief Engineer (Mechanical) R & H were similar in
nature and Character. The respondent No.3 in the aforesaid facts and
circumstances referred the matter to the respondent No.1 for appropriate decision.
T......l Hossain……………………….Petitioner
Vs.
The People's Republic of Bangladesh,
represented by the Secretary, Ministry of Communications, Bangladesh
Secretariat, Ramna, Dhaka and others…………..............Respondents
Judgment
August 15, 2005.
Result:
......titioner company was submitted with condition
that the supply will be made as per terms & conditions of the bidder. Hence
this offer is a conditional offer and is not acceptable. There was no evidence
that M/S. Kelvin was the actual manufacturer. Rather the said model engine is
manufacture..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....of the land from acquisition”
6. Further, in that decision while their Lordships explaining the scope of section 5(7) and section 8(B) of the Act 1948 maintained,
"In view of the facts and circumstances of the case, the lawful order the learned judges of the High Court Division ......
Syed Md. Dastagir Husain J
Md. Ashfaqul Islam J
ASM Anayetullah & others.............................Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and Land Administration & ors............................................................Res......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
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