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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......port of the prosecution case and that under such circumstances, if the evidence of prosecuting agency were found reliable, a conviction could be given relying upon their testimony. 10. This question arises frequently before the trial Courts. Recently, we have come across a good number of c......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..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)
.... 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. ...... 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. ...... 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..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... 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..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. ......omplainant and accused No.1 but the fact of divorce has neither been stated in the First Complaint nor disclosed in the complaint petition filed before the Tribunal and as such the plea of divorce is questionable as already observed by the learned Tribunal. We have gone through the inquiry report da......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. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....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. ......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. ......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..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. ......f Appeal before this Court under section 28 of Ain of 2000. Kishore Kumar Dutta shall be referred to hereinafter as convict-appellant. 2. Destiny of Criminal Appeal hinges on answer to following questions: I. Could the prosecution bring home the charge staged against convict-appellant beyo......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. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... while the complainant was working in the field, the accused came to his house and kidnapped the victim by deceitful means, allurement and temptation. It was suspected that the accused, who was a man questionable character, might commit rape upon the victim. Later on, brother's son of the complainan......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..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......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..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......sale, that the suit property was undervalued, that the acknowledge receipt was not genuine, that the agreement for sale was forged and that Mohasin Darbar was a fictitious person. To a court's question as regard the habitation/address of Mohasin Darbar, this witness categorically stated that......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..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....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.
......rule 58 C.P. Code Mr. Rokanuddin Mahmud has, however conceded to such
proposition and further said that the petitioner is ready to furnish security
if a chance is given to do so.
6. The only question to be determined
by us as to whether in the facts of the present case the Adalat ought to ......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..
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)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: .......- 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 ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......ence and materials on record, I find that the show
cause notice served on the plaintiff and her reply as mentioned in the
judgment are not at all related with her alleged unauthorised absence in
question covering the period from 12.5.98 to 14.9.98 but of the previous years
but the Court errone...... 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..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....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. ......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. ......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..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......dul Majid, he took up investigation on 15-12-2001 and on completion of investigation, submitted charge-sheet on 10-2- 2002. It appears from his cross-examination that the defence side did not ask any question about non-seizur of any alamat or took any contradiction or omission in the evidence of PWs...... 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- ..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......r. Abdul Rouf, the learned Deputy Attorney-General appearing on behalf of the respondent opposes the petition submitting, inter alia, that there being clear violation in compliance with the notice in question the petitioner committed the offence as alleged and as such there is no illegality in the o......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
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. ...... medical expert as to cause of death and nature of injuries received by the deceased went unchallenged. By such evidence it is well proved that the deceased was stabbed to death. 24. Now the question is the complicity of the appellants in stabbing the deceased to death. 25. P.Ws.1, 4,......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. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....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. ......of land for 99 years from the Government vide lease deed marked Annexure J(i) and thereafter, the petitioner took possession of the said land whereupon the petitioner constructed the Bus Terminal, in question. The construction was made by LGED under a project named "Secondary Town Infrastructure Dev......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..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......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..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....by the letter dated 7-8-2004 (Annexure-A) reiterated its earlier stand. 3. Writ-respondent Nos. 1, 2 and 7 filed separate affidavits-in-opposition. The contention of respondent Nos. 1 and 2 are identical. Their case, in short, is that the 'exclusivity clause' of the Licence Agreement is agains......BTRC can vary the term of the Licence Agreement without consent of the petitioner. 7. Mr. Mahmudul Islam, the learned Counsel appearing for the petitioner, has joined issue in submitting that the question is, as to whether the Licence Agreement is void being inconsistent with law on ground of pu......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..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......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..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
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