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Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......nt page of the daily Independent. We find that the following comment has been made regarding the order of stay pass by this Court in that Rule. “As a result of this order Beximco will be obstructed from repaying its loan to IFIC for now.” We have also gone through the news item published in the ......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...Category: Criminal Law | Date: | Hits: 69
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......on was served upon him duly. Subsequently, the Government by an order dated 22‑5‑2002 passed under section 3(1)(a) of the Special Powers Act, 1974 detained the detenu for more 90 days with effect from 3‑6‑2002. 3. Mr. Amir‑ul Islam, the learned Advocate for the petitioner, submits that ......serves to be released from detention. 10. Mr. Amir‑ul Islam, the learned Advocate for the petitioner, submits that the Government by Memo No.1802‑Sha‑Ma: (Nira‑1) dated 22‑5‑2002 by an independent order passed under section 3(1)(a) of the Special Powers Act detained the detenu for mor......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......is, if the pay scale of a Jamadar is upgraded in comparison with the pay scale of driver, such proposals for upgrading the pay scale of the non-technical posts in comparison with the technical post from different Government offices will continue to come. As a result, the structure of pay scale wil....... The learned Deputy Attorney General has lastly contended that the impugned letter dated 12.03.2009 (annexure-'L' to the writ petition) issued under the signature of the Deputy Secretary was not his independent order or decision, rather it was a communication of Government policy decision on the ......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....has failed to prove his possession in the case land by cogent and reliable evidence the learned Additional Sessions Judge erred in law in convicting and sentencing the petitioners without independent corroboration from reliable sources and the same has occasioned failure of justice. The learned Advo...... 148/447/379/427/34 of the Penal Code. The prosecution case, in short, is that, complainant Kasem Ali Bepari and his wife as landless cultivators got settlement of the case land measuring 96 decimals from the Government in plot No. 364 under khatian No.486 of mouza 85 Bara Kabajkhil is settlement Ca......complainant has failed to prove his possession in the case land by cogent and reliable evidence the learned Additional Sessions Judge erred in law in convicting and sentencing the petitioners without independent corroboration from reliable sources and the same has occasioned failure of justice. The ......ession in the case land by cogent and reliable evidence the learned Additional Sessions Judge erred in law in convicting and sentencing the petitioners without independent corroboration from reliable sources and the same has occasioned failure of justice. The learned Advocate further submits that le..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......ed 5-6-1990 passed in Anti-Corruption Tribunal Case No.1 of 1990 of the Court of Senior Special Judge and Senior Special Tribunal (Anti-Corruption), Dhaka refusing to discharge the accused-petitioner from being charged under sections 4(2) and 5(1) of the Anti-Corruption Act, 1957 should not be set a...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......es in the prescribed form within the specified time. Petitioner submitted statement on 30-5-1989. The Bureau again served a notice on 10-6-1989 asking the petitioner for further details regarding all sources of income and allowed 10 days time to submit the said particulars. In reply to the said noti..Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......First Information Report with Gaffargaon PS on 14-3-89 at 11-30 PM stating that at about 3-30 PM on that day nephew P.W.5, Tofazzal, son of his cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at that time accused Matin and Kader resisted Tofazzal and attempted to ......First Information Report story or shifting of the place of occurrence or failure of the prosecution to produce evidence which is within its control, evidence of partisan witnesses, non-examination of independent witnesses shakes the prosecution case and give credence to the defence version of the ca......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......ase. The news item disclosed that he was involved in several criminal cases including a gang case and since the age of five years he was implicated in several dacoity cases. Although he was acquitted from all the cases, he was not released by the authority and the jail authority on inquiry disclosed......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......lared illegal and without jurisdiction. The answer is very easy. The question of entire detention of Nazrul Islam is before us. Now, we will see as to the validity of his detention as a whole. If the source or basis of detention is found absolutely illegal and without jurisdiction, we are of the vie..Category: Criminal Law | Date: | Hits: 97
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....rrency notes and the presence of the witnesses at that time the evidence seems to be contradictory and not believable. The learned Advocate contends that in such a trap case there must be independent corroboration which is very much lacking in the present case before us. He also submits that even fo......e of the District Anti‑Corruption Officer, Faridpur and filed a written complaint that this present appellant who was the Deputy Director of Faridpur Family Planning Office intended to transfer her from Krishnapur Union Family Planning Complex to some other place and he demanded Tk. 2,000.00 from ......sses failed to prove that there was any demand of gratification by this appellant from P.W.2 Rezia Khatun. He further submits that the alleged payment of the gratification also has not been proved by independent witnesses and on the point of recovery of the currency notes and the presence of the wit......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......iff and also for cancellation of the said document. 3. The case of the plaintiff before the learned Assistant Judge was that he acquired the land by way of gift on the basis of a Hiba‑Bil‑Ewaz from his father, late Md. Almas Khan, on 12.2.51, his father having acquired this land from the orig......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......elt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah who had been recently married to his daughter and having no such source of procuring this money he approached the defendant who happened to be his sister's son for a..Category: Property Law | Date: | Hits: 87
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......500/501 of the Penal Code against the accused petitioner only as stated above and issued a summons against him. The accused petitioner then appeared before the Court on 31.8.85 and obtained bail therefrom. The City Metropolitan Magistrate thereafter sent the case records to Mr. Momtazuddin Ahmed, Me......lished prospectus and the two letters which were submitted in connection with the judicial inquiry and that without applying his judicial mind to the facts of the case and the materials on record and independently exercising his judgment as to the genuineness of the allegations made in the complaint......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ...... No.16 of 1988 against the petitioners for Tk. 29,12,192.59 for alleged loss suffered by them on account of short landing and damage caused to the cargo carried by the petitioner 3, MV Eurco Explorer from the port of Kohsichang to Chittagong. The amount for alleged short landing and damage was payab......ore) decided on June 14, 1990. 6. Mr. Mokbul Ahmed, appearing in opposition to this Rule, on the other hand, submitted that the order for attachment and the order for furnishing bank guarantee are independent. He submits that when the vessel after an ad interim attachment before judgment was rele......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......ion No.1984 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessa......gh Court Division in exercise of revisional jurisdiction reversed the judgments of the courts below and dismissed the suit. 3. It has been observed by the Family Court that the appellant examined independent witnesses who stated in unequivocal terms that there was marriage between the appellant ......tractual defect is removed; and the marriage is declared to be legitimate. 37. A marriage may also be proved presumptively by general conduct of the parties over which I have discussed above. The sources of presumptions of fact are, (i) the common course of natural events, (ii) the common course..Category: Family Law | Date: | Hits: 318
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......the dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross‑examination is total denial and their, inter alia, case is that the deceas......ce about the cause of death by the accused appellant inasmuch as the allegation of the prosecution that the accused‑appellant has committed the offence has not been corroborated or supported by any independent evidence and therefore, the prosecution has not been able to prove the prosecution case ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
.... 17, Sukhio Vs. State reported in PLD 1967 (Karachi) 800 and the case of Khan Vs. State reported in PLD 1958 Lahore 131 held that extra judicial confession before an authority without any independent corroboration cannot be taken into evidence and it is a very bad form of evidence on which the convi......f any accused. This convict petitioner was the guard of the school who informed the Head Mistress of this theft. Police took up the investigation and seized the broken lock and other broken materials from the chamber of the Head Mistress. In the meantime on 20‑10‑1996 the Head Mistress along wit......ed in 31 DLR 17, Sukhio Vs. State reported in PLD 1967 (Karachi) 800 and the case of Khan Vs. State reported in PLD 1958 Lahore 131 held that extra judicial confession before an authority without any independent corroboration cannot be taken into evidence and it is a very bad form of evidence on whi......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... their cousin Pannu Fakir asked them not to plough the land. When Razzak Fakir and Pannu Fakir stood before the plough, appellant Mansur Fakir ordered to catch them. At once Fazlu brought out a knife from his waist and stabbed at the left chest of his brother Razzak Fakir and caused a serious wound.......e in enacting section 149 of the Penal Code does not appear to penalise each and every member of the unlawful assembly for each and every offence was committed by one or more members of such assembly independent of the common object. It must be established that the offence committed was to accomplis......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......on 12 of the Acquisition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and ......cted person the land or property "shall stand acquired and vest absolutely in the Government free from all encumbrances" under section 11 of the Ordinance. The High Court Division did not express any independent opinion on the point of violation of sections 12 and 15 on simple reasons that this Divi...... the power of eminent domain to promote such public benefit, etc., especially where the interests involved are of considerable magnitude, and it is sought to use the power in order that the natural resources and advantages of a locality may receive the fullest development in view of the general welf..Category: Property Law | Date: | Hits: 93
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......h, Advocates ‑ For the Petitioner Cross‑objection. M Zahir with M Hasan, Advocates ‑ For the Opposite Party Appellants. Ozair Farooq, Advocate ‑ For the Defendant‑Appellant. Appeal from Original Decree No.771 of 1991. with FAT No.369 of 1991 and Cross‑objection Case No.73......f appeal even if the original appeal had been withdrawn or dismissed for default. It clearly shows that a proceeding initiated by filing a cross‑objection under Order 41, rule 22(1) is a proceeding independent of the original appeal inasmuch as the cross‑objection shall proceed in accordance wit......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......rmant, lodged FIR with Bandar police Station alleging that on 28.8.2002 at about 10-30 P.M, when his only son Md. Ashraful Haque Molla alias Asha, the victim, and his companion Ratan were coming home from Nabigonj by rickshaw and reached near Jam-e-Masjid of Miapara the F.I.R. named accuseds and 4/5.......1 and commuting the death sentence of the respondent No.2 4. As it appears the High Court Division found that the whole prosecution case stands on the evidence of P.W.2 who is a disinterested and independent witness and whose evidence does not suffer from any infirmity and his evidence proved th......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......es as against self acquisition stating that while Hari Mohan and Roy Mohan were living in joint mess Hari Mohan as elder brother was 'Karta' of the joint family and Roy Mohan went to Burma in 1946-47 from where he sent money and contributed to expand joint family properties and also alleged that pro......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......n 1946-47 from where he sent money and contributed to expand joint family properties and also alleged that properties held in the names of Hari Mohan and his wife defendant No.11 were acquired by the source of joint family fund and income and thus, he claimed 1/2 share of all those properties movabl..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......judgment of these three suits passed separately I am of the view that the judgments are not too satisfactory and also I am annoyed with the conduct of RAJUK, erstwhile DIT but since these appeals are from original decree, section 107 of the Code of Civil Procedure gives mandatory power to determin......hey have totally destroyed credibilities of examination-in-chief given in support of their master. In the facts and circumstances as disclosed above it appears that plaintiff has failed to adduce any independent and disinterested witnesses in support of his case. Further more vital and important wit......lood is required to make them leader then they might not tell lie and might not have done mischiefs to the nation which they are doing. I can rest a sure that except a few most of the leaders have no source of income. If head of institute sells his/her head then what remain. The person who is the be..Category: Property Law | Date: | Hits: 100
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