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Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and o..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
...... 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......on on maintainability, considering the only ground as to the resignation of the first party respondent and took the view that all the points raised cannot be adjudicated without taking evidence.
8. The labour Court, however, did not consider the other points raised by the se..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ...... copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......rge of criminal misappropriation of money in the context of period from 13-4-1988 to 28-2-1990 is hit by section 222(2) of the Code of Criminal Procedure. He further adds that it is a case of no evidence and in spite of that the learned Judge of the trial Court attributed the order of convictio..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......rs and that the 3rd party willingly vacated the suit land as per direction of the Court and that the decree-holder was then put in possession of the suit land. In spite of its failure to consider the evidence of the witnesses the trial Court found the story of the possession and dispossession o..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......ed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... the facts and circumstances of the case and the law on the subject we are of the view that the High Court Division committed an error of law in quashing the instant proceedings before recording evidence to ascertain whether there was any dishonest intention of the respondents to defraud the ap..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ed in: 67 DLR (HCD) (2015) 110 ...... effect and considering all these aspects both the Courts below rightly held that the application for temporary injunction is liable to be rejected. There is no misreading or non-reading of evidence and non-consideration of material fact resulting in an error in the decision occasioni..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......isonment for 1 (one) year more. 7. The victim Shefali Khatun was 10 or 11 years old when her mother, step-father and half sister Aleya (accused in the case) sent her to work as a house maid. The evidence and records disclose that at various times she worked as maid servant in the house of ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ...... 4. We are quite in the dark about the defence version of the case, if any, due to the abscondence of the accused-appellant. 5. Anyway, after hearing the prosecution and on an analysis of the evidence and materials on record and in view of the facts and circumstances of the case, the le..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ublic authority in exercise of its statutory discretion falls foul of due process of law affecting merit of the decision, or acts on irrelevant and extraneous considerations, takes into consideration inadmissible or void document or acts on misconstruction of law and thereupon takes a decision the s......ন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......ry intention appearing in law, such interpretation of limitation clauses is bound to lead to absurdity. Firstly because, the authority in seisin of the matter in such cases will find itself bereft of evidence as to time the document was filed. Secondly, it would be difficult for the authority to tak..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......ity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The Petition is Disposed of.
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gaisudin Ahmed Advocate-on-Record- For the Petitioner.
Dr. Md. Ali, Advocate, instr......is the contention of Mr. Wadud Bhuiyan that the direction given by the High Court Division to grant lease of the fishery concerned to one of the two remaining societies is also based on misreading of evidence on record. We also find that the voters’ list of the locality shows that the members of t..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......y action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......been passed by the final Court of fact in order to fill up the lacuna. It is not the duty of the appellate court to give an opportunity to the erring party to fill up the lacuna in pleadings and evidence on this count also the impugned judgment and decree of the Appellate Court suffers from ser..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......f this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ................(15) The matter whether the cheque is a valid one or not and whether or not it was presented after four years of its maturity are factual matters, which required to be proved on taking evidence, the High Court Division exercising its extra-ordinary jurisdiction under Section 561A of t..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......ous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......9(4) of Ain. When the question of knowledge is the basis for deciding an application for restoration that should be decided in a proper miscellaneous case after hearing the parties, of course on evidence. Otherwise, it would be meaningless and also perpetuate an unacceptable trend to allow auto..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......et them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of their evidence being favourable or unfavourable. Where a necessary witness mysteriously not cite..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......Case is also Reported in: 65 DLR (HCD) (2013) 581 ......made in the application for Miscellaneous case. Rather, all the materials incorporated in the application under Order VII, rule 11 of the said Code are extraneous matter which cannot be considered as evidence and accepted on an application without taking any evidence. Apex Court has already decided ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......ements made in the petition sufficiently indicate that the accused has abducted a minor girl for immoral purposes. It fails to notice that a minor cannot enter into a marital tie. 5. The medical evidence supports the allegation that the accused has caused sexual violence on the victim..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......ision No. 2259 of 1997. Judgment SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree da...... suit land is not vested property and the same may be released. 5. The defendant No. 4 supported the case of the plaintiffs. 6. The trial court after hearing the parties and considering the evidence on record dismissed the suit by its judgment and decree dated 29-4-1995. 7. Against th..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ed-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciating evidence adduced by the parties not by the High Court Division in exercising its jurisdict..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......;......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. Result: The Rule is discharged. Expert’s Opinion-expert's opinion is not Conclusive Evidence Conclusive evidence enables the Court to ......hers ...........Opposite Parties Judgment May 22, 2013. Result: The Rule is discharged. Expert’s Opinion-expert's opinion is not Conclusive Evidence Conclusive evidence enables the Court to come to a satisfactory conclusion which Expert’s Opinion do..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......NM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute......o be dismissed with cost. 11. Upon the above pleadings, the trial Court framed as many as 6 issues to dispose of the suit whereupon the plaintiffs examined 6 witnesses and filed some documentary evidences which has been marked as exhibits-1 to 6 and the contesting defendants examined 4 witnesse..Category: Property Law | Date: 21 May, 2013 | Hits: 6
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