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Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....nted upon observing "making unusual departure from the practice of this Division of non-interference with interlocutory orders passed by the High Court Division, to examine whether upon the facts on record as briefly noticed above the orders of temporary injunction were not wholly unconsci......r as to costs. Ed. ......ppellants moved the Appellate Division and obtained an order of stay of the said order of injunction passed by the High Court Division. 6. The trial Court upon detailed discussions of the evidence on record dismissed the suits with the findings that the plaintiffs in the respective suits..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....wn 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: 57 DLR (2005) 568. ......neral with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions......d claimed justice. Trial was held in absence of absconding accused Ful Banu. 4. The defence case, as it appears from the trend of cross-examination of the prosecution witnesses and also from the evidence adduced by the defence, is that of innocence and false implication. Positive defence taken ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....on in respect of a confession of an accused produced before a Court taken in accordance with law and purporting to be signed by a Magistrate. We are of the view that, having regard to the aforesaid facts noticed by the learned Judges it was at least injudicious to rely upon such confession withou......5. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance undern......e truth of the statements, be it circumstantial or prove otherwise……………………………(25) The Code of Criminal Procedure, 1898 (Act No. V of 1898); s. 342 The incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....dance with law the same cannot be considered giving preference over the voter list relying on the decision referred by the learned Advocate for the petitioner as aforesaid which does not apply in the facts and evidence in the instant case. 12. On the other hand the case law referred by the oppo......lip;………Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctnes......ntiff examined 7 witnesses while the defendant examined 3 witnesses and both the parties produced some documents marked Exts. 1(a)-1(3) and Ka and Kha to prove their respective case. On recording the evidence the trial Court dismissed the suit on consideration of the same both oral and documentary. ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....o.11(16) Customs Administration‑3/91/775 dated 3‑12‑96 containing charge-sheet as contained in Annexure-K should not be declared to have been made without lawful authority.
3. The relevant facts for the purpose of disposal of both the Rules are as follows: that the petitioner being the tr......mayun Hafiz (Md.), Intelligence Officer.....................Petitioner
Vs.
People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents
Judgment
July 24, 2005.
Resul......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
.... the appeal without hearing on merit on the points raised therein. An exercise of admission of an appeal at the initial stage requires a hearing only on the point of maintainability as to the law and facts which appears to be a filtering process to see as to the genuinity of objection or point of la......……………………………………………………Appellant Vs. Customs, Excise and Vat & others…………………Respondents (Custom......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....squalified on the date of scrutiny of the nomination papers and declaration upon such view of the election for the office of chairman of said Madhabdi Pourashava as void was well founded in the above facts and circumstances of the case and on the relevant law. 26. Entire dispute centres around ......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h......mined two witnesses including him while the returned chairman examined him only. One was examined on behalf of opposite party No.6. Number of documents were adduced on behalf of the parties. Upon the evidence, oral and documentary on record, the Election Tribunal held that the election petitioner fa..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
.....39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this revision are that the complainant Musammat Nargis Sultana an...... 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State, 1984...... the examination of witnesses of the complainant, the petitioner was examined under section 342 of the Code of Criminal Procedure wherein he repeated his innocence stating that he will not adduce any evidence and will not say anything. 7. The defence case, as it appears from the trend of cross-..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....s appeal by leave is directed against the judgment and order dated 15.11.1994 passed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two storied building w......te-on-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-9. Civil Appeal No. 30 of 2000. (From the judgment and order dated 15.11.1994 passed by the High Court Division in Civil Revision No. 1244 of 1987). ......ffs and asserted her title and possession in the suit property on the basis of her mother's will. 4. The learned Munsif (now Assistant Judge), Kalkini dismissed the suit on consideration of the evidence on record. The plaintiffs took an appeal there from. The appeal was heard by the learned ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....o be amended and the application filed seeking amendment of the plaint as well as the other materials on record. The amendment so sought in major part is formal one and the rest is elaboration of the facts already averred in the plaint. 3. The learned Counsel for the petitioner felt difficulty t...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others..............................Petitioners Vs. Capital Service Center Ltd and othe......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....tural justice and in malafide with bad motive to remove the existing Master Roll employees of the same nature by the new set of employees. He submits that the trial Court in consideration of the facts and circumstances of the case and the rules and guidelines provided therefore passed the orde......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......s Judgment June 25, 2005. Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanit..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ned District Judge did not consider the existing price level and the requirement of an individual to lead a simple life, and with comfort and Taka 800 was not sufficient. 11. Having considered the facts and circumstances of the case I am of the opinion the plaintiff should get at least Taka 2000 ......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho...... hear Family Appeals, the appeal before Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka was re-transferred to the learned District Judge for disposal. The learned District Judge allowed additional evidence to be produced by the plaintiff and also took deposition of few witnesses on behalf of the ..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....ing those dated 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners a......ase is also Reported in: 57 DLR (HCD) (2005) 598. ......ause 13 but this vital aspect was not considered by the Courts below, causing failure of justice. He also submitted that the Courts below committed further illegality in not holding that there was no evidence on record that lessee Mofizuddin had more than 1.03 acres of land as shown in his applicati..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
.... four writ petitions that no separate licence from the Ministry of Information would be necessary for the matters mentioned in section 3 of the Act was correct. 37. In view of the above state of facts as placed by the learned Attorney-General, we however, do not need to express ourselves on the...... in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....ation is first information report postulated in section 154 of the Code. All other information made orally or in writing after commencement of investigation into the cognisable offence disclosed from facts encompassed in First Information Report and entered in police station diary by police officer ......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......oved Judicial confessional statement which was exhibited as Exhibit 3. P.W.12 Dr. Pronab Kumar Chakravorty performed Post Mortem Examination on the dead body of Nilufar and laid Report and he offered evidence in support of Post Mortem Report which is exhibited as Exhibit 4. P.W.13 Md. Abdus Sabur pe..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ad sufficient cause for not making the application within the period fixed by statute. Where the Court before exercising the power under section 5 of the Limitation Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the di......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant....... pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined 3 witnesses in support of its case while the defence examined none. 6. After the closure of the evidence of the prosecution witnesses, since the accused person remained absent, so the examination ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....sheet against the accused-petitioner under section 170 of the Penal Code. The prosecution has examined 6 witnesses while the defence examined none. The learned Metropolitan Magistrate considering the facts and circumstances of the case and evidence on record convicted the petitioner under section 17......ellip;……………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed A......er section 170 of the Penal Code. The prosecution has examined 6 witnesses while the defence examined none. The learned Metropolitan Magistrate considering the facts and circumstances of the case and evidence on record convicted the petitioner under section 170 of the Penal Code sentencing him there..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
.... Court of Settlement, Dhaka. The High Court Division exercising power under Article 102 of the Constitution does not act as a Court of Appeal and, as such, it is not required to make determination of facts on its own. It can interfere with the findings of a Court of Facts under its extraordinary jur......so Reported in: 13 BLC (HCD) (2008) 247. ......nterfere with the findings of a Court of Facts under its extraordinary jurisdiction under Article 102 only if it can be shown that the Court has acted without jurisdiction or made any finding upon no evidence or without considering any material evidence or fact causing prejudice to the complaining..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... secure to the voters particulars from the candidates for the election to the Parliament (House of the nation) in the form of informations disclosing the past of the candidates including certain facts necessary for making correct choice for candidates. 2. This writ petition has been f......14) 9. ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....rted in this regard that not only has the trade mark "Red Cow" in that process become integrated with the business of the Predecessors-in-interest of the Petitioner, but further that in the facts and circumstances of this case the trade mark connotes and denotes the property of the Predece...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......irector of the opposite party No.1. Admitting that the opposite party No.1 imported under the trademark 'Red Cow' on the basis of his Agency Agreement dated 01.07.1986 there is no need of any evidence oral and documentary, in view of the fact that facts admitted need not be proved. The Petit..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
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