Search Options
Judgment Advanced Search
Displaying 1061-1080 of 2232 results.
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......d leaving behind a family, comprising his widow, 6 sons and 2 daughters, to succeed him to his estate. Ruhul Amin and Abdul Matin are two of his sons. On 14-9-1989 Ruhul Amin, sold 0.02 acres of land from the case holding to Mohammad Abdul Mannan, who thus became a co-sharer by purchase of the case ......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......rticularly when the vendor of the land was not unknown to him. He did not say prompted him to obtain the certified copy of the transfer document on 14-10-1996 and not earlier. He did not disclose the source of knowledge of the transfer of the land to the pre-emptee. 3. Madinullah contested the ca..Category: Property Law | Date: | Hits: 37
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......t (SI) for 15 days more 2. Prosecution case, in short, inter alia is that on 23-1-86 Thursday, at 11-00 AM deceased Shaymol Kanti Saha drove out 3 buffaloes of their local Member Abu Bakar beating from his pulse field for damaging their Colay pulse. Accused Kalu Sheikh shepherd of the buffaloes, ......licity of the offender in the commission of the alleged offence. The evidence of an expert cannot alone be treated and used to form basis to find an accused guilty and to form basis of his conviction independent of the substantive evidence of the PWs in the case. Expert evidence is a strong corrobor...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......to which the appellant pleaded not guilty and claimed to be tried in accordance with law. 3. During trial prosecution examined in all 6 witnesses in order to prove the charge and none was examined from the side of the defence. Since the appellant was found absconding at the time of trial examinat......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......5 was the officer, Bureau of Anti-Corruption at the relevant time and he stated that on 6-6-92 he issued a notice upon the appellant for furnishing particulars of his properties acquired and also the sources of income in acquiring those properties. PW 6 was the officer of Bureau of Anti-Corruption w..Category: Criminal Law | Date: | Hits: 83
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......on of the plaintiff over the land which was based on no evidence and also came to the erroneous finding that the defendant had admitted the possession of the plaintiff which were not at all derived from the pleading and does not prove the case of the plaintiff inasmuch as the other 2(two) co-share......sideration. The learned Advocate further submitted that admittedly there is no written contract/agreement for sale and the so-called oral agreement could not be proved by the plaintiff by producing independent witnesses and the witnesses produced in the Court below are the relatives and nearest ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483....... the respondent, on the other hand, submits that it was concurrently found by the Commissioner of Taxes Appeal and the Taxes Appellate Tribunal that allowing of the over draft by the bank is Apparent from the bank statement submitted by the assessee company and accordingly they found that the Deputy......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......he assessee company and accordingly they found that the Deputy Commissioner of Taxes was not legally justified in adding the aforesaid amount under section 19(4) of the Ordinance as income from other source. 6. It appears from the assessment order as well as orders passed by the Commissioner of T..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481....... him and that opposite party No. 1 is not his wife. Then, on 19-4-2001 in his suit the petitioner made an application under section 151 of the Code for injunction for restraining opposite party No. 1 from proceeding with the family suit in the Family Court till disposal of his suit. Opposite Party N......ld be no need for opposite party No. 1 to proceed further with her suit before the Family Court. Opposing the submission, Mr. Sasti Sarkar submits that there is no bar for the proceedings to continue independent of each other and he cites the decision in the case of Abdur Rahman Vs. Shahanara Begum,......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...Category: Family Law | Date: | Hits: 185
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......sclose this fact to anybody. He also stated that the miscreants had given out to him that they would come back soon to take the money. At about 9-30 PM on 31-1-1997 the informant was coming back home from Magura Town and when he came near a garden at Barunatoil the miscreants suddenly swooped upon h...... the uncorroborated testimony of informant Shariful Islam, which itself suffers from basic infirmities. This is indeed a classic case in which the Court must ask for the evidence of natural, probable independent witnesses to lend assurance to the evidence of interested and partisan witnesses. We are....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......ner union.
3. The petitioner union subsequently filed supplementary affidavit annexing copies of office orders of the Respondent No.4 to show its engagement in business activities and earning therefrom.
4. The Rule is opposed by the Respondent No.4, which by fling affidavit-in-opposition conte...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......f the Industrial Relations Ordinance, 1969. The learned Advocate referring to Article 6 of President’s Order 15 of 1973 submitted that the functions of the Respondent No.4 are research oriented and source of income of said Respondent No.4 has been provided in Article 8 of Presidents Order 15 of 19..
Category: Labour and Industrial Law | Date: | Hits: 158
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......ly, as regards the occurrence dated 2-12-2001 he has argued that the detenu has been implicated only for a political purpose because detenu was an elected MP in the immediately past National Assembly from Awami League. He has also submitted that the detention was only given for the purpose of politi......as arrested under section 54 of the Code of Criminal Procedure but it cannot be said that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of the Code of Criminal Procedure under which police has been given power to arr......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....in the case. In view of such evidence on record of the case we find it difficult to accept and rely on the evidence on the evidence of PW 3 as the basis for conviction of the appellants in absence of corroboration of his evidence by any independent and neutral witness as a rule of prudence. 36. N...... of boiled and dried coarse and fine (chikon) paddy belonged to the informant, Moslem Ali Howlader (PW 11), Safezuddin Mridha Pridha (PW 13) and Hakim Ali Munshi on the boat of one Abdus Sattar Dakua from Halta for Barisal in order to sell there after husking the same. The boat started for Barisal b...... on record of the case we find it difficult to accept and rely on the evidence on the evidence of PW 3 as the basis for conviction of the appellants in absence of corroboration of his evidence by any independent and neutral witness as a rule of prudence. 36. Now turning to the confessional statem......al, Runu Chowdhury and his partner and did not verify the confessional statement of Selim, Tota and Fazle Ali. He stated that the seized alamats were not placed in TI Parade. He added that he engaged source and served hue and cry notice. He denied as not a fact that Selim and Tota were brought to hi..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....ed by prosecution alone as they did not support prosecution story. Sole and only evidence was of PW 1 informant Muslim. He contended that reliance on the sole evidence of PW 1 alone without any other corroboration will be unsafe and risky to have decision against the convict-appellant, particularly ......ons 302/34 Penal Code. 2. Prosecution case, in brief, was that at 4‑00 PM on 28‑9‑89 accused appellant Zakir Hossain called out victim Shamim 7/8 years old minor son of informant PW 1 Muslim from their courtyard. Shahjahan, another son of PW 1 informant Moslem, reported that fact to his mot...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......ation report story, informant was reported by his wife who was reported by their son Shahajahan about calling out and taking away minor Shamim by accused Zakir from the courtyard of their house. Such source of basis of the information of informant about such above fact were the wife and son Shahajah..Category: Criminal Law | Date: | Hits: 34
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......nt and order dated 20.8.2008 passed by the High Court Division in First Appeal No.52 of 1989.) Judgment Surendra Kumar Sinha J.- This appeal by leave at the instance of the plaintiff has arisen from a judgment and order of the High Court Division in First Appeal No. 52 of 1989. 2. The said ......not exempted from explaining in the course of recording evidence why its original was not produced. Even assuming this is not admissible in evidence, the appellant's case of amicable partition stands independent of Ext.16 as other evidence and circumstances including the previous judgment are quite"......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
.... in this regard that it was seized from PW 2 at the time of lodgment of the ejahar at 11‑45 PM on 10‑3‑96 merely disclose a discrepancy and is not fatal for the prosecution case. With regard to corroboration of the evidence of PWs2 and 3 on the ground that they were partisan and interested wit......d and disposed of by this single judgment. 2. The prosecution case, in brief, is that at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, plucked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Buri......etween the informant party and the accused persons, rule of prudence required that the evidence of these two eye‑witnesses were closely scrutinised and corroborated by the evidence of impartial and independent witnesses before their evidences were relied on in basing the impugned judgment and orde......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....of Khodeja Begum that Alamgir along with Mir Hossain alias Mira killed Rokeya Begum. Convict Alamgir absconded immediately after the incident and this is a circumstance which is considered sufficient corroboration of the confessional statement of convict-appellant Mir Hossain alias Mira and Khodeja ...... Reference. Reference has been registered as Death Reference No. 24 of 2001. 12. Convict Shah Alam, Khodeja Begum, Mir Hossain alias Mira submitted three petitions of appeal to High Court Division from jail through Jail Authority. Petition had been numbered as Criminal Jail Appeal No. 2267 of 200......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......many. On 30‑12‑2002 the present Chairman of the petitioner took control of ETV Limited and being bona fide entrepreneur invested more than Taka 1220 crore by purchase of 70% shares of the company from its ex‑Chairman, ex‑Managing Director and other Ex‑Directors and on 31‑12‑2002 signed...... undertaken pursuant to the National telecommunication Policy, 1998. The Act of 2001 provided for a new regulatory framework for telecommunications, including radio and television, by establishing an independent Regulatory Commission. Television broadcasting was, intended by the Act of 2001 to be re......d highly sophisticated broadcasting and transmission equipment, office rent and other expenses., utilities, totaling an amount of Taka 70 lac per month which is being spent from Mr. Abdus Salam's own sources where no revenue or income is being generated by the petitioner company. Immediately followi..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......application. It appears that in spite of that request no steps were taken by the contemner-opposite parties to hold the AGM as per order of this Court and on receipt of the letter dated 17‑7‑2003 from the contemner-opposite party No. 2 Mr. KZ Alam referred to this earlier letter dated 19-7‑2......r section 85(3) of the Companies Act, 1994 (hereinafter called 'the Act') and also prayed for calling, holding and conducting the AGM for the years 1998‑2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15-4‑2002 ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... death of the deceased by examining the doctor who held post‑mortem examination on the dead body of the deceased and non-examination of any independent, and disinterested witness in the matter of corroboration about actual participation of the accused-appellants the occurrence it has made the en......on 25th January, 1995 at about 5‑00/5‑30 PM went to their (informant) house being armed with Rurhal', 'Ramdao', 'Bolsira' etc., and attacked Abdul Kader, brother of the informant who was coming from Muktagachha Hat. The further case of the prosecution is that the deceased Babul on hearing alar......the informant filed this case, he further added. He lastly submits that the alleged occurrence took place admittedly just before the sunset within a densely populated area, but none of the neighbours/independent witnesses has been examined to prove the bonafide of the prosecution case and accordingl...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......ntiff made an application under Order XXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure for temporary injunction for restraining defendant Nos. 4 and 5 i.e. the petitioner Bank, from making any payment to defendant Nos. 1 and 2 against the back to back letters of credit. 4. ......he Accepted Bills for Payment (ABPs) and communication of its decision to pay on the due date, a new contract takes effect between the advising/negotiating bank and issuing bank, and such contract is independent of and separate from the contract of sale, neither the seller nor the buyer has any priv......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... two bearer cheques were deposited in the said savings Bank account No.5131 in the name of Haji Asgar Ali on different dates. Subsequently, by forged cheques an amount of Taka 93,060.00 was withdrawn from the account by false personation. Ultimately, it transpired that the real Haji Asgar Ali did no......ed that some fake persons used his name in opening the said account by resorting to deliberate fraud. There is absolutely nothing on record to disbelieve this witness, who is found to be a thoroughly independent, natural and probable witness in the case. I do not, therefore, find any reason to disbe...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359....... Court. 4. At the trial, the prosecution examined as many as 14 witnesses and exhibited some documents in support of its case while the defence examined none. 5. The defence case, as it appears from the trend of cross-examination of the prosecution witnesses, is that deceased had an affair wit......d suicide after being rebuked by her parents over her alleged affair with her sister’s husband Salim. 19. PW 7 Md. Shahabuddin is a neighbour of informant Abdul Bari who is found to be a totally independent, natural, and probable witness. He stated in his evidence that on going to the house of ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
43154312430743014298429742774268426242554252425042424241423942354234423142184213