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Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....requisite qualification for promotion was SSC and PTI certificate and that he has been falsely implicated in this case out of suspicion. 8. The learned Special Judge on consideration of the facts and circumstances of the case and evidence on record passed the impugned judgment and order da......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......s SSC and PTI certificate and that he has been falsely implicated in this case out of suspicion. 8. The learned Special Judge on consideration of the facts and circumstances of the case and evidence on record passed the impugned judgment and order dated 2‑11‑2002 in Special case No.118..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....assed by the learned Magistrate, First Class, Kushtia in GR case No.73 of 1993 acquitting the opposite parties from the charge under sections 325/323 of the Penal Code respectively. 2. The short facts relevant for the disposal of this revision are that on 4‑3‑1993 the petitioner lodged a fi...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:...... Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position is that neither the number of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... sufficient or not. The learned Assistant Attorney general further submitted that an application under section 561A of the Code of Criminal Procedure is pre-mature at the initial stage under the facts and circumstances of the case unless the accused-respondent had gone through the stage under s......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N......hat no name of any accused has been mentioned in the F.I.R.; that the confessional statement of one of the accused namely Kazi Saiful Islam dated 29.6.96 is exculpatory and cannot be accepted as evidence and cannot be relied upon. The name of accused respondent Md. Mominullah (Mohon) was mentio..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....at burden is on the person who challenges the correctness of the recital in the registered deed to establish that the said recital is not correct, that the fact recited in the registered deed are the facts stated in the affidavit affirmed by Sahera Khatun in confirmation of the oral gift in favour o...... ......ab the property, that as the property vested in the Government on 28‑2‑1972, transfer as claimed to have been made by Anwari Khatun to the respondent No. 1 was not valid, that there is no evidence that Anwari Khatun was the daughter of Sahera Khatun and that their whereabouts are not kno..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....lication dated 12‑9‑01 and why the impugned memo shall not be declared as violative of the fundamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The material facts as stated in the writ petition are that the petitioner No.1 is a private limited company incor......in: 57 DLR (2005) 762. ...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....42 of 2003 arising out of Gopalganj Police Station Case No. 03 dated 3-11-2002 framing charge under section 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 against the appellant. 2. The material facts for disposal of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant ...... years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and Distric......mation report, statements of the prosecution witnesses recorded under section 161 of the Code of Criminal Procedure and charge-sheet and the provisions of the relevant law, we find no direct positive evidence is available to show that accused exported so-called victim to India or sold him for any un..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ther directing the writ respondent nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ-petitioner-respondents and other writ respondents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter a......here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. ......ounted from the date of their ad hoc appointment. The Public Service Commission, the Ministry of Communication and the department of Roads and Highways made enquiries for a long time but did not find evidence of the failure of the writ-petitioners before the PSC and accordingly the PSC by the letter..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......Case is also Reported in: 13 BLC (HCD) (2008) 185. ......vil Procedure, the High Court Division, in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration of evidence or there is misconstruction of document. ....................(10) Lawyers Involv..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....nts represented by the Secretary, Ministry of works and others, against the judgment and order dated 23-2-1993 passed by the High Court Division in Writ petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos. 1 to 3, daughters and son of late Md Akhtar and late M...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......sp; 5. In support of the appeal Mr. AJ Mohammad Ali, learned Attorney‑General, submits, inter alia, that the learned Judges of the High Court Division had no power to re‑assess the evidence. But the High Court Division reassessed the evidence and based its judgment on fresh apprec..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....t
necessary and that it becomes effective as soon as the order of the
derequisition is communicated to the owner of the house."
10. The aforesaid
decision appears to be suitably fitted to the facts of the instant case.
11. In the
aforesaid decision of the Writ Petition No.48 of 1979 th......8)
73. ......
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l...... under sub-section (1 Ka), if satisfied that the complainant had failed to convince the police officer or authorised person to receive the complaint and that there is a prima facie case with material evidence in support of the complaint, would take cognisance on the basis of the said report and comp..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....dibility. There is no legislative mandate in law for criminal prosecution for such irregularities and violation of the rules, instructions and Morbaha of system of investment. Having regards to the facts we failed to discover any merit in the submissions advanced by the learned Counsel for the a......rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: ......nduct. 7. In course of trial the complainant examined six witnesses and tendered one namely P.W.6 Moazzem Hossain and defence examined four witnesses. 8. After closure of the prosecution evidence the accused were examined under section 342 of the Code of Criminal Procedure and again th..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512. ...... ......why the order communicated vide Memo No.রাজউক/নঅঅ-১/অসি-252/04/04-50 dated 4‑1‑2005, requiring the petitioner to remove the building constructed without any approved plan, evidenced by Annexure‑F to the writ petition, should not be declared to be without lawful authorit..Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4
Montu and others Vs. State, 2005, 34 CLC (HCD)
....a Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for 6(six) months more. The facts leading to this Criminal Revision are that one Md. Saiful Islam, as informant, lodged a first ...... This Case is also Reported in: 57 DLR (2005) 504. ......hey have been falsely implicated in the case out of enmity only to harass and humiliate the petitioners. 7. The learned Magistrate on consideration of the facts and circumstances of the case and evidence on record convicted the petitioners by the judgment and order dated 23‑5‑2004 convictin..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in...... In order to substantiate the charge prosecution produced 9 witnesses before the Tribunal below. They were duly cross examined by the learned Advocate for the jail appellant. After the closure of the evidence of the prosecution witness the jail appellant was examined under section 342 of the Code of..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....which were ante mortem and homicidal in nature. On receipt of the post‑mortem report the aforesaid charge officer, being P.W.1 Md. Nurul Amin, lodged the FIR on 7-3‑1994 mentioning the above facts and entrusted P.W.11 SI Md. Majibur Rahman with investigation. P.W.11 investigated into the ca......ellip;………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) ......ce and it is also alternatively suggested that the accused was a rickshaw puller in Dhaka and he was there at the relevant time. 8. The learned Additional Sessions Judge, on consideration of the evidence of the witnesses and attending facts and circumstances of the case, found that the accused ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....dgment Syed Mahmud Hossain J.- Writ Petition Nos.3230 of 2002 and 8269 of 2002 were heard together and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills and disc......on) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Sultan Ahmed & another..........................................Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Result: Th......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....ase while the police personnel admittedly, proved the case, It is, probable that they would be otherwise interested and partisan and, as such, their evidence cannot be relied upon and accepted in the facts and circumstances of the present case. Next, they submit that the 3 seizure list witnesses did......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ......e trend of cross-examination the defence case as it transpires is that the accused persons are innocent and they have been falsely implicated in this case. 5. After conclusion of the prosecution evidence both the accused appellants were examined under section 342 of the Code of Criminal Procedu..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
.... Review Petition No. 84 of 2004. Judgment MM Ruhul Amin J.- The petitioners seek review of the judgment dated 25.04.2004 passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that af......ts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari, the three brothers, migrated to the then Pakistan/Late Bashir Ahmed Ansari......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....940 and Rules thereunder and Drugs (Control) Ordinance, 1982 are ultra vires of the Constitution and also offends the fundamental right of the petitioner guaranteed under the Constitution. 3. The facts detailed for disposal of this petition are that, Dr Frederick Samuel Hahnemann invented the sc...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J Bangladesh Homeopathic Medicine Manufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved:......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
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