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Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....ecord without allegation of blemish prior to the present incident should have been dealt with more consideration and objectivity. An honest person would prefer dignity more than anything else. In the facts of the present case it has appeared to us that these considerations have suffered a great deal......; Suhel Ahmed Chowdhury .....................Appellant Vs. Salahuddin Ayubi and others...............Respondent Judgment&nbs......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....250 to 5267, 5272 to 5277 and 5425 of 2000. Judgment Kazi AT Manowaruddin J.- All these 25 Writ Petitions have been heard together as the points of law involved are exactly the same and the facts are also identical and these shall be disposed of by this common judgment. 2. The petitio...... ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....ee cannot go behind tile decree between the parties or their representatives, if must take the decree according to its tenor and cannot entertain any objection that the decree was incorrect in law or facts. Reference in this regard may be made to the case of Vasuder vs. Rajabdar AIR 1970 SC 1475. In......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Sahera Khatun and others…………………..Appellants ......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....936 as the said amount was due upon his retirement. 5. It appears that a general statement that the case is barred under section 25(b) without specifying the reasons supported by facts has been made in the written statement. Facts remain that the petitioner is entitled to the b...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & oth......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....rred by the appellants against the common judgment and order dated 2-11-2000 passed by the High Court Division in Writ Petition 3259 of 2000 and 4169 of 1999 discharging rules. 2. The short facts as stated by the appellants are that for about 20 years the appellants have been plying thei......il) Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Ap......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....at the petitioner was responsible for the breach of the contract, that the High Court Division was in error in holding that the petitioner was responsible for breach of the contract although from the facts stated in the writ petition it is found that the respondent No. 1 has not fulfilled the terms ...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Privatisation Board ........................Petitioner Vs. AK Fazlul Huq and other ..................Respondents Judgment June 24, 2001. ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....nistration of justice may be interfered with by intimidating or suborning of witnesses or holding out threats or interfering with investigation or causing disappearance of evidence. 12. Proof of facts by preponderance of probabilities as in Civil Cases is not foreign to Criminal Jurisdiction. T......le issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. ......ed Sessions Judge for cancellation of bail of accused-petitioner. Grounds pressed for cancellation of bail were that accused-petitioner having been enlarged on bail had been attempting to tamper with evidence and had been hampering the due process of investigation and truth would remain in dark and ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Fazlul Karim J Abdur Noor and others……………………Petitioners Vs. Mahmood Ali and others......t and the rent for the month of Magh 1391 BS was sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal of the suit. 4. On taking evidence the learned SCC Judge decreed the suit holding that the plaintiff bonafide required the sui..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ......uld be executed after observing legal formalities and that the allottees having accepted the said terms, offer letters were issued to them. 5. The learned Subordinate Judge, consideration of the evidence on record, decreed the suit and declared that the fixation of valuation of structures in th..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......; Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hosna Ara Begum and others .........Appellate Vs. Montaj Ali and others...............Respond ......nd others...............Respond Judgment January 15, 2001. The Code of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revi..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
.... consequently set aside the order of termination. The case of Bangladesh Bank and others vs. Md. Abdul Malek, 46 DLR (AD) 1 cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported d......sp; Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah……&hell......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......rties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is binding of both the parties. Any failure on the part of a party will be a civil liability and cannot be considered as a criminal offence............................(5) Lawyers Involved: ......complainant who went abroad for treatment, the petitioner misappropriated huge amount of Tk. 86,00,232/- of the company. Thereafter, an Arbitration Board was constituted and the Board after taking evidence of both sides found that the accused petitioner misappropriated the above amount while he ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....posite parties to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injun...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ও শিশু নির্যাতন দম......corded under section 164 of the Code of Criminal Procedure. So, according to him, the conviction relying on such a statement was not legal and further, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examine..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....tificate as mentioned therein above in the dying declaration (Exhibit 2), which was recorded by P.W. 8, has made the same doubtful one since it cannot be said with certainty or that beyond doubt that facts recorded in the dying declaration was the actual version of the victim. 35. Now there remai......soner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment Md. Ruhul Amin J.- Learned Judge of the Nari-o-Shisu Nirjatan Daman Bishes Adalat Chandpur in brief the Adalat, upon convicting the appellant-condemned-prisoner Babul Hossain and absco......6, on the day of Sabe-Barat she showed her cloth to her husband and that requested her husband to buy cloth for her; that after telling that the women could not talk any more. 15. As seen from the evidence that after stating that the witness stated that the woman further stated that at one stage ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....iruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these references and as such the applications were heard together and are b......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....he proceeding of the Special Tribunal Case No.22 of 1994 arising out of Miscellaneous Case No. 345 of 1994 pending in the court of Special Tribunal No.1 Panchagarh, should not be quashed. 2. The facts of the case, in brief, are that the accused-petitioner is a friend of the complainant and used......nal Revisional Jurisdiction) Present: Md. Hamidul Hoque J ABM Khairul Haque J Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgment December 2, 1999. La......ue compliance of the order of the learned Magistrate submitted his investigation report on 4-7-1994 (Annexure-B to the petition). In his report he stated that after investigation he found prima facie evidence about the allegations made by the complainant in his petition of complaint against the accu..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... No. 1 to pay a sum of Taka 24,90,724.25 to the writ petitioner, respondent No.1 herein, within 60 days from the date of receipt of the copy of the impugned judgment. 2. Shortly stated the facts of the case are that, the Executive Engineer, Khulna Division-II of Bangladesh Water Developm......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....e Act against the remaining accused persons in the aforesaid case. These two appeals are taken up together for the sake of convenience and brevity as they arise out of the same case and commonness of facts and law being involved. 2. The case arises out of an occurrence that took place on the ni...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......n in the case of Muhammad Farooq Vs. State, 8 DLR (SC) 135. In this case it was observed by their Lordships that it is clear that where an accused person is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged in respect of a ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....e hundreds and thousands of such innocent women and girls across Bangladesh who are detained in jail against their will and yet there is no allegation of having committed any crime by them.
4. The facts, in short, are that, respondent No.6 Dilip Pal Chowdhury lodged an FIR with Sutrapur PS to the......isional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. W......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
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