Judgment search - Chancery Law Chronicles

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M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

....ecessity of compliance of sub-section (5), (6) and (7) of section 33 of the Artha Rin Adalat Ain, 2003 before passing of the impugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone t......d in: 13 MLR (HCD) (2008) 64. ......dvocate - For the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the A..

Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....dge committed gross illegality in considering the depositions of P.Ws. 7,8 and 9, who were declared as hostile by prosecution, in preference to P.Ws. 1, 2, 3 and 4 and thereby fallen into error of law and fact in acquitting the accused opposite parties. Learned Advocate further submits that bal�......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:......n No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1s..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

....dated 30-6-2001 submitted by the petitioner to the show cause notice was examined by the Bank and it was found to be unsatisfactory. So, the licence of the petitioner was cancelled in accordance with law and according to the terms and conditions of the licence and also according to section 3 of the ......n (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3......ndents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.3) under Memo No..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

.... Syed Mahmud Hossain J.- Writ Petition Nos.7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as f......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another……………………………....... law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....spondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, ...... (2008) 354. ......irect evidence to prove the charge under section 304 part 1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. In order to sustain a conviction on circumstantial evidence alone, there must exist an unbroken and we..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

....xamination of prosecution witnesses. Offence under section 302 of the Penal Code having provided capital punishment, learned tribunal appointed advocate Mr. Mokhlesur Rahman Khan as the state defence lawyer for the undefended absconding accused. 8. In order to bring home the charge against the in......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ......No.33 of 2004, Crl. Appeal No.887 of 2004, Jail Appeal No.313 of 2004, Jail Appeal No.172 of 2005 and Crl. Misc. Case No.1195 of 2005. 2. Learned Speedy Trial Tribunal, Barisal by his judgment and order dated 01-03-2004 passed in Speedy Tribunal Case No.62 of 2003 convicted condemned prisoners (1..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)

....police report submitted after holding enquiry in a perfunctory matter without examining the witnesses of the complainant and giving any opportunity to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the pro...... August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral t......�…………………..........................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and in..

Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....ellate Tribunal rejected both the applications by its order dated 10.06.02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: a) Whether on the facts and in the circumst......�……………………………………….Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......Against the said assessments, the applicant preferred two appeals before Appellate Joint Commissioner of Taxes. 4. Appellate Joint Commissioner of Taxes heard both the appeals together and by his order dated 31.08.99 disposed of them with little modifications in respect of disallowances and rece..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....erial contradictions and discrepancies and the victim made written dying declaration in the hospital narrating the incident which is genuine and true and the learned trial Judge was well justified in law in convicting and sentencing the accused appellants under the relevant law and the convict-acc......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ......on of the sentence of death imposed by him upon the condemned prisoners (1) Saidul @ Saidul Islam (2) Md. Adel @ Adil and (3) Badil @ Badar under sections 302/34 of the Penal Code by his Judgment and order of conviction and sentence dated 29-10-2003 passed in Druta Bichar Tribunal Case No.21 of 2003..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....isdiction in cases under the Bankruptcy Act, 1997 The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in section 96 of the Act for preferring appeal against the Jud...... Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosammat Momina Begum………………………Petitioner Vs. Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents Judgment August 9, 2007.......hout lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13.09.1999 should not be set aside so far it relates to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts of the case need no..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....ll with the writ-petitioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-...... if it is necessary for the determination of real matter in dispute/controversy between the parties and the Court may add him on such terms as the Court thinks just. In the instant writ-petitions the order challenged is the order of cancellation passed by the RAJUK in respect of the plan issued earl..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....to the east of the houses of informant house of Shahiduzzaman Master, Kashem and Rashid Member were situated. 15. In cross-examination, she denied that the witness Shajahan is not her brother-in-law and witness Alamgir is not her cousin. She further disclosed in her cross-examination that the n......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat......; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Je..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....to be afraid of at the present in view of the change in the Political arena of the country and the government, they may now move the Governing Body of the college for proper relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cos......D) (2012)565. ......untry and the government, they may now move the Governing Body of the college for proper relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)

....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ......ot be enlarged on bail in Raipura Police Station Case No.21(8)2006 under sections 302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts of the ca..

Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....n. The other two brothers of the plaintiff are in good health. The plaintiff while came to the age of marriage, got married with the daughter of late Purna Chandra Ghosh of Serajganj. The mother-in-law of the plaintiff and other relations requested to gift some portion of the disputed land in ......d Muhammad Dastagir Husain J Muhammad Abdul Hafiz J Birendra Kishore Ghose @ Gopal Krishna Ghosh……………………………………Appellant Vs. Government of Bangladesh and others………………………………………………….Respondents Judgment ....... 9 is the proof of possession of the appellant. Under these facts and circumstances the trial court should have decreed the suit which is required to be set aside. He further by referring Ext.A order sheet in Case No.1/78-79 and the investigation report as submitted was not proved by any witn..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....ted that the learned Additional District Judge has misconceived the entire context of the transaction between the parties in treating the gift performed between two Muslims governed by their personal law. In the instant case the vendee not being a Muslim there is no scope for application of the prin...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......ch have been correctly adverted to by the learned Appellate Judge. In view of my discussion made above I do not find any merit in the rule. 15. In the result, the rule is discharged without any order as to costs. The judgment and decree dated 23.6.2002 passed in Title Appeal No.2 of 1990 by th..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are pro......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma......ddiqur Rahman Miah J. - This Criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of Roni Ahmed Liton @ Liton Ahmed Roni is directed against the judgment and order dated 20-12-2004 passed by the learned Judge, Druta Bichar Tribunal, Sylhet in Druta Bichar (N..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....ts to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and valid......bdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others……………………….Respondent......or acquisition of a part of homestead property. From the facts and circumstances of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

....ed statement of the condemned prisoner Kalla Palash as recorded in Audio Cassette (Ext.IV) by the investigating officer found the convict appellant and others were guilty which cannot be sustained in law whatsoever inasmuch as the statement of Audio cassette does not carry any legal value in the eye......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis...... alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act ..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

...., Uzzal, Shahid,Wazedur, Sorhab, Mosarraf Hossain Mosa, Murad, Farid and Jashim and other unknown 15/20 person armed with deadly weapons like Pistol, Chapati, Ramdao, Chines Axe, Dagger, forming an unlawful assembly, attacked him where one Asgar and Monir inflicted injuries on the vital part of the ......3; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193; State Vs. Moslem, 55 DLR 117; State Vs. Sahidul Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajast......blow with the help of sharp cutting weapon like Chinese Axe and other blunt weapon causing the death of the deceased; whereas the accused Hasi Chowdhury and Labu Mollik made their appearance there in order to protect the accused and they did not allow the other witnesses to go to the place of o..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

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