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Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607....... offence read with section 19A of the Arms Act and to rigorous imprisonment for 7 years for the second count of offence, with both the sentences to run concurrently. Learned Tribunal further deducted from the sentence of imprisonment the period the jail appellant had been in custody in connection wi......mbers of the police party while 2 other PWs were the investigating officers, The public seizure list witnesses were not examined by the prosecution, According to him, in absence of examination of the independent seizure list witnesses the prosecution case suffered a serious setback. Police being int......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......d decree for her maintenance, that in the suit, this plaintiff was not awarded any decree for her maintenance as she was not added as party therein and that she is however entitled to get maintenance from her father from 18-5-1990 till she is married. The plaintiff being represented by her mother cl......w Vol. II (Seventh Edition) of Syed Ameer Ali wherein it is stated about the maintenance of female children: "A father is bound to maintain his female children until they are married, if they have no independent means of their own." 21. It appears from his saying that a father is bound to maintai......tinent question that calls for our determination is, whether his daughter is entitled to get maintenance and, if so, for which period and how long she is entitled to get maintenance. 14. The basic source of Islamic Law is the Holy Quran, the divine book revealed to the Holy Prophet (SM). The othe..Category: Family Law | Date: | Hits: 214
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....information report no where it was stated that PW 1 Rubia Begum who is the informant's wife also recognized the aforesaid accused. So, subsequent statement of recognition by PW 1 without any material corroboration is mere embellishment. Moreover, she did not utter a single word regarding recognition...... the night following on 10-7-1989 corresponding to 25th Ashar he along with his wife, son and daughter were sleeping in the western room of his dwelling hut. At about 2-00 AM on 11-7-1989 he came out from the house for natural call, soon after his return, all on a sudden 5/6 dacoits being armed with......aced in the case of State Vs. Rafiqullah Khan reported in 7 BLC 480. Moreover, in the said confession merely the names of the appellants were mentioned without any specific allegation and there is no independent evidence against accused Mofazzal Hossain alias Mofa, Mozahar Ali and Sekender alia Dulh......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......d. (PBL) shall not pay the moneys due under the letter of credit No. PBL/LO/ST/114/93 dated 9‑5‑1993 to said third defendant, KEB and also for a decree of perpetual injunction for restraining PBL from paying any money under said letter of credit to third defendant. 4. Plaint case, in shor......e to know about it through fax, which was sent by fourth defendant, shipper Bengal Shipping Line. Fourth defendant was his only source of knowledge about bankruptcy of the seller. He did not make any independent attempt to find out the bankruptcy of the seller. Fourth defendant was the shipping agen...... 23. It was his case that defendant No. 2 became bankrupt. He came to know about it through fax, which was sent by fourth defendant, shipper Bengal Shipping Line. Fourth defendant was his only source of knowledge about bankruptcy of the seller. He did not make any independent attempt to find ..Category: Business or Commercial Law | Date: | Hits: 289
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......ncorporation on 26-5-1999. Both the companies are 100% export oriented garment industries which have been set up at the addresses given in the cause title by importing machineries and other equipment from abroad, While importing the capital machineries for the factory the petitioners opened Letters ......যানের পক্ষে মত পোষণ করিলেন।” 14. On perusal of the said order of the review committee, it appears that the review committee, without coming to any independent finding and decision, mechanically relied upon the report of the Deputy Commissioner of ......from June 2000 to June 2005. To have the benefit of exemption under this section the industrial undertaking shall be engaged in the manufacture of goods or the exploration and extraction of mineral resources and producing of agricultural products. This section which is to give exemption to the newly..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......-2(ka) 3, 4 to 4(d) and 5 to 7 and while those of defendant marked as exhibit A to A (3), B to B(1) and C. 14. Trial Court on the evidence on record decreed the suit as prayed for. On appeal there from at the instance of defendant No. 1, the appeal was dismissed and decree of the trial Court affi...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......scribed for guidance to decide the question of 'Benami'. Every case of 'Benami' has to be decided having regard to its peculiar facts and circumstances. 34. It is now well settled that besides the source of consideration and custody of document, motive for the transaction, position and relationsh..Category: Property Law | Date: | Hits: 79
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......omposition as envisioned by the original plan.
4. The impugned project was first approved during the term of the previous government, but was scrapped in the face of public protests and objections from civil society, the architectural community and the media. The present government revived the pr...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......rs, (1991) 4 SCC 54; Authorised Officer, DIT, Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229; Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, 49 DLR (AD) 1.
Lawyers Involved:
Tanjibul Alam, Advoca..
Category: Environmental Law | Date: | Hits: 484
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......atrol duty at Rupsha Ferry Ghat he saw accused petitioner and another standing by facing on east which casts doubt. Consequently informant went there and on search recovered a country-made shuttergun from the right waist of the accused petitioner Solaman. The police arrested him and prepared seizure......very of alleged arms from the specific possession of the accused-petitioner. That Police are alleged to have recovered the anus was categorically supported only by the police witnesses and not by any independent witnesses and, as such, the conviction and sentence passed against the accused-petitione....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......hostel, Sabekun Nahar alias Sony, a student of Chemical Engineering Department of Bangladesh University of Engineering and Technology (BUET) sustained injury by bullet fired by some terrorists coming from outside between Ahsanullah Hail and Titu Mir Hall of BUET. She was taken to the Emergency Depar......ows: (1) Except the confessional statements of the co-accused there was nothing on record against them. (2) Confession of a co-accused could not be the sole basis of conviction unless there was independent evidence on record to bring home the charge against these appellants. (3) Both of the......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......of Joint District Judge, Cox's Bazar wherein it was re-numbered as Partition Suit No. 39 of 1999. 3. The plaintiffs case, in brief, is that the suit land originally belonged to Golam Nabi Sowdagar from whom she inherited her respective share in the suit property; that out of 4.28 acres of land of......ely erroneous rather we find that the proposed amendment was explanatory and elucidative of facts already asserted in the plaint. The learned District Judge without considering the material facts and independent finding rejected the revision and in consequence committed an error of law resulting in ......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......the Court of the learned Magistrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Procedure with a prayer to restrain the accused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under ......te party No. 2 on 7-10-85, followed by other two petitions, filed on 20-12-85 and 17-2-86 respectively, as are available in the lower Court's record. As such, the instant complaint-petition is not an independent one rather, in order to fulfill the legal requirements as contemplated in section 195(1 ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......tle papers have been in his custody and he filed the same in the Court. 3. The defendant-opposite party Nos. 1 and 2 filed written statement alleging that they acquired the property by taking loan from their father Abul Kashem; that the loan was repaid by the defendants and the title papers were ......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......with the leave of the Court, if those documents are authentic and not otherwise found to be suspicious or spurious. In such case it is to be seen as to whether the document is filed from an authentic source or such would have not been manufactured for the purpose of litigation. In the instant case, ..Category: Property Law | Date: | Hits: 131
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......lations were not present in the so-called marriage demanded by the plaintiff and, as such, the judgment and decree dated 17-10-2002 was liable to be set aside allowing this revision. 5. It appears from record that the Family Suit No. 11 of 1999 was filed on 1-3-1999 and the suit was fixed for ex ......aid abuse may aggravate the suffering without end. On plain reading of section 7 of the Ordinance 1961, it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing talaq cannot be given effect to until and unless such notice is given to......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... other hand, contends that without traversing the reasons and positive findings of the trial Court, the lower appellate Court was wrong in reversing the judgment of the trial Court. 11. It appears from the impugned judgment that the lower appellate Court has not controverted the positive finding ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......o manner of application in the instant case. Lastly, Mr. Khan submits that in view of the cancellation of the kabuliat, the opposite parties were left without any land, which seriously affected their source of income and consequently, their livelihood. 10. Mr. Haque, on the other hand, contends t..Category: Property Law | Date: | Hits: 66
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......sed of by this single judgment. 2. In writ petition No. 3773 of 1996, Rule Nisi is issued calling upon the respondent No.1 Mr. Anwar Hossain, to show cause as to why he should not be prohibited from holding the post and position of the Executive Director II, Editor, Printer and Publisher of th...... terms they are almost invariably held to be mandatory". In the present case, we are called upon to interpret clause (3) of Article 147 along with its proviso. 55. A proviso to a section is not independent of the section calling for independent consideration or construction detached from the c......e this further declaration in Annexure-D.Since the form-B itself, appended to the schedule of the Act does not contain any such provision to be declared further. Mr. Huq however could not produce any source of it. Be that as it may. Section 39 of the Printing Presses and Publications (Declaration an..Category: Information Technology Law | Date: | Hits: 324
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......of Civil Procedure (hereinafter called "the Code"). 2. The petitioners as plaintiffs instituted Money Suit No. 10 of 2001 in the aforesaid Court for realization of Taka 1,70.50.000 as compensation from the defendants. The case of the petitioners is that the land comprises in Mouza Kawran Bazar, P......at if the plaintiff-petitioners are aggrieved by the quantum of compensation they can agitate their grievance before the appropriate authority under the appropriate law but certainly not by filing an independent suit in a civil Court. 8. We have perused the application along with the annexures an......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d order on 9.8.2004 convicting and sentencing him, as aforesaid. The appellant filed the instant appeal against the said judgment and order dated 9.8.2004 and subsequently obtained bail on 18.11.2009 from this Court. 6. No one appears before us to press this appeal. In view of long pendency of th......oom of occurrence and saw the arms in question. The police told him that they had recovered the said arms. The defense declined to cross-examine him. P.W.3 Sayed Hasan, a local witness and apparently independent, stated that on the date and time of occurrence he was passing through the front side of......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......persons 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 inasmuch as no occurrence took place as alleged......ed confessional statements made by accused-appellants. He incidentally submits that the accused-appellant Kazi Shahjahan (in Criminal Appeal No.232 of 1995) did not confess his guilt nor there is any independent evidence to show that they committed the offence as alleged. He finally submits that the....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......r. 2. Pending disposal of the Rule, the execution of the death sentence of petitioner No.2, the convict Md. Shukur Ali was stayed, initially for a period of three months, and subsequently extended from time to time and lastly by order dated 12.01.2009 it was extended till disposal of the Rule. ...... be subject to torture or to cruel, inhuman or degrading punishment or treatment" (Article 35(5); “every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law" (Article 35(3). However, by referenc......he criminal. If the Court finds, but not otherwise, that the offence is of an exceptionally depraved and heinous character and constitutes, on account of its design and the manner of its execution, a source of grave danger to the society at large, the Court may impose the death sentence." Their L..Category: Criminal Law | Date: | Hits: 128
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......ions 406/420/109 of the Penal Code are said to have been committed by private persons and not by public servants the Appellate Division held “there is nothing either in section 3 or in the schedule from where it can be said that an investigation to be made by an officer of the Bureau of Anti-Corru...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......f information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, it may, by order, require such ..Category: Criminal Law | Date: | Hits: 69
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