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Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....l is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction…………......examination reveals that the defence case is of pure innocence. After the closure of the evidence, accused Sadhan Mohajan was examined under section 342 of the Code of Criminal Procedure who on being called at to adduce evidences on defence, declined to adduce any evidence. The accused Badsha Alam c......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
.... and sentence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990 convicting him under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment ...... before the Magistrate 1st class under section 164 of the Code of Criminal Procedure as the same were not recorded in accordance with law and further the said witnesses while deposed in court being recalled by the court did not own their said statements and, as such, the impugned judgment and order ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed that the order was passed without serving him any prior notice and assigning him any reason whatsoever. 3. Bangladesh represented by the Secretary, Ministry of Expatriates’ Welfare an......g its office at 116/1 (Ground Floor), D.I.T Extension Road, Fakirapool, Dhaka had obtained a recruiting license being R L No.1105 from the Government under the Emigration Ordinance, 1982 (hereinafter called the Ordinance) and was conducting business of exporting manpower. All on a sudden the Governm......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
....n Ahmed and others……………...Petitioners
Vs.
Secretary, Ministry of Liberation War Affairs and others…....Respondents
Judgment
November 11, 2012.
Result
The Rule is made absolute.
Lawyers Involved:
Zamirul Akhter, Advocate -For the petitioners.
J. K. Paul, Advoca......crificed his life in 1971 during the war of liberation in a front battle against the occupation army at Chhagalnaiya EPR Camp, Feni.
3. Respondent 2 Bangladesh Muktijodda Kalyan Trust (hereinafter called the Trust) is the successor of Bangladesh Freedom Fighters Foundation and has been establishe......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....n 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of discharge. He has to comply with certain requirements. He must assign cogent reason and should come to a finding that the charge is groundless and in doing so, in a complaint case,......ny case of abuse of the process of the Court inasmuch as the case for the complainant prima facie discloses offences under sections 147, 448 and 380 of the Penal Code and no interference is therefore called for. 11. Mr. Moqbul Ahmed, the learned Advocate appearing for the accused petitioners, s......embly along with other unknown persons, criminally trespassed into the complainant's house situated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was originally owner of the pr..Category: Procedural Law | Date: | Hits: 78
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....hers………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot do so unless authorised by a resolution ...... the vessel which carried the cargo into the Port of Chittagong. In the instant case it is a case of non‑delivery of the goods to a person who is entitled to it under the Bills of Lading. It may be called wrongful or improper delivery of the cargo. 43. In the Princies Royal Lr. (1870) 3 ACE 41,...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....………………Petitioner Vs. Md. Minarul Islam Mondol @ Miton……………………………………………Opposite Party Judgment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the ......nt of Taka 16,000.00 which is said to have been deposited with a lawyer has been paid to the plaintiff or she herself received the same. There is nothing also as to solenama or agreement as it can be called the result of the salish. While plaintiff testified in the trial Court, she categorically sta......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..Category: Family Law | Date: | Hits: 122
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....i and Akfar Ali Talukder of Amiruddin Wakf Estate during CS operation. Thereafter the said land became cultivable whereupon the plaintiff got ক schedule land measuring an area 1.28 acres from three sons of Dinesh Chandra Roy and Bhupendra Chandra Roy by way of pattan on 15th Aswin, 1348 BS and on ......e executed the kabuliyat being No.2968 in respects ক schedule land in favour of the Zamindar on 1st Kartik, 1348 BS At the time of trial the respective volume from the concerned registry office was called by the trial Court and on examination of the volume it was detected that thedeed No.2968 is n....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....…………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. Result: The Rule is made absolute. Lawyers Involved: Santi Ranjan Karmaker with Mir Mahfuzur Rahman and Abdus Salam Mond......to take ad‑interim action, the one as impugned in the writ petition, while proceeding under section 32 of the Parties. Ordinance for removal of the Mutwalli pending and that report of the inspector called for by the office of the respondent No.1 as regards the allegation made in the application fo...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..Category: Trust/Waqf Law | Date: | Hits: 85
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ground Nos.1 and 2 and allowed ground Nos.6, 7, 10, 13 and no order was passed against ground No.3 Thus, AACT did not allow leave pay and gratuity of employees, office entertainment expenses and he also refused to allow setting off the income from FDR interest against carried forward unabsorbed depr......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......s of law. 10. Mr. Bhuiyan, in reply, contends that entertainment expenditure 1-5 allowable on profit of a business income and the assessor's business income of the relevant assessment year was a loss and, as such, it was not entitled to any entertainment allowance and so, question No.II may b..Category: Fiscal/Taxation Law | Date: | Hits: 107
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
.............................Opposite party Judgment June 7, 2007. Result: The rule in Criminal Miscellaneous Case No.8763 of 2001 with Criminal Miscellaneous Case No.11165 of 2005 are made absolute. The rule is Criminal Miscellaneous Case No.7514 of 2001 is discharged. Cases Referred......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......t accused persons took away all the garments without any information to the complainant or without taking original papers from Arab Bangladesh Bank. It has been alleged that the Complainant sustained loss of US$ 37,747.92 equivalent to Tk. 19,80,631.40. From the complaint we find that the complainan..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. Result: The Rule is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ions 7 and 12 of the Ordinance, it appears that the spirit of the law or the intention of the legislature is to make payment of compensation to a citizen within the shortest time, without causing any loss to him. But, in the instant case, the respondents failed to comply with the provisions of law a..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
.... and the parties are directed not to seek any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......r of the appellant judgment debtor though granted several adjournments to the bank. Therefore, we find that at the fault of the Shilpa Bank seven Years passed away. The Shilpa Bank will not incur any loss if the judgment debtor is given a chance to place his submission before the learned District Ju..Category: Civil Law | Date: | Hits: 127
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....resent opposite party No.1 received 370 votes and opposite party No.2 got 292 votes, opposite party No.3 got 113 votes, opposite party No.4 got 75 votes and opposite party No.5 got 41 votes. It was also alleged that the present opposite party No.1 (petitioner of the election, petition). was declared......han, Advocate - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the le......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....…………Petitioner Vs. Government of the People's Republic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction i...... Court's inherent power Murshed, CJ, speaking for the Court, observed at paragraph No.10: "Order VII, rule 11 of The Code, as quoted above, enumerates certain categories under which the Court is called upon to reject a plaint, but, it is obvious that they are not exhaustive. It appears from the......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....titioner who allegedly got married for the second time without consent of his first wife (herein defendant-opposite party) was trying to drag the matter. 8. The Senior Assistant Judge though found some latches and defect on the part of the defendant-opposite party because of not examining the doc......ex parte decree passed in Other Class Suit No.152 of 1994. 2. The matter has been appearing at the top of list for last three days with the name of learned Advocate for the petitioner. Today it is called on for hearing, but no one appears. It is an old matter pending for nearly 17 years and proce......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....ent and order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsh...... Khatun aged about 23 years. As a neighbour he used to visit the house of the complainant. They became intimate and mixed with each other as cousins by Courtesy. On 14-2-80 in the night the appellant called down the complainant and gave a proposal to marry her The complainant accepted the proposal...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... others…………Respondents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ITO Vs. M/S Seth Brothers(AIR 1970 SC 292); Smt. Guwant Kaur and oth......e averments that emerge from the first aforementioned petition, i.e. the Writ Petition no. 7236 of 2010, run as follows; On 20th August 1975 the whole of Bangladesh was purportedly placed under so-called “Martial Law”, following a purported proclamation to that effect on the same day. One Kha......platable, while recognising that the illegal conviction and the resultant dismissal wrecked a havoc on his personal life and career. 208. We can, however, to mitigate as far as law permits us, the losses he suffered, as a result of the illegal conviction and following illegal dismissal, by direct..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....arties to the document. So the complaint informed the accused of the defect, whereupon the accused demanded Tk. 10,000 on the plea that the defect in the document would be cured by way of getting some more statements written in two additional demy papers. In the evening of the same day, the comp......d Assistant-Attorney-General, appearing for the State (opposite party No.1) submits that she has no instruction with regard to this case. 6. We have perused the materials on the lower Court record called for by the Rule issuing order and considered the grounds taken in revisional application. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
....…..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
5 BLC (AD) 76; 10 MLR (AD) 200; 54 DLR 354; 19 BLD (AD) 240,; 2 MLR......cates - For the petitioners.
Md. Mozammel Haque, Advocate - For the Opposite parties.
Civil Revision No.1776 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the impugned judgment and decree dated 27.01.2000 passed by the ......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
..
Category: Property Law | Date: | Hits: 66
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