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Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......within the mischief of Section 4 of the Dowry Prohibition Act, 1980. It has been held in the case of Ajit Kumar Pramanik and others Vs. Bakul Rani Pramanik and others reported in 46 DLR 169. The same principle has been enunciated and approved in the case of Abul Bashar Howlder Vs.The State and anoth......D (AD) 185. Lawyers Involved: Mahbubay Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No.72 of 2006. (From the judgment and order dated the 20th October, 2003 pass......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......n the impugned judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial an......of Corruption Act, 1947 passed by the Court of Divisional Special Judge, Chittagong dated 26-09-1999 in Special Case No.52 of 1994. 2. The appellant was sentenced to suffer rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payment, to su......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ..Category: Criminal Law | Date: | Hits: 89
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......he petitioner and, as such, bank cannot claim interest more than 6(six) lacs taka from the petitioner in view of Section 47 of the Artha Rin Adalat Ain, 2003. 4. It appears from the record that no principle about application of Section 47 of Artha Rin Adalat Ain, 2003 has been laid in this judgme......d. Mamunur Rashid, Advocate (appeared with leave of the Court) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No.1274 of 2008. (From the judgment and order dated the 13th day of May, 2008......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ds of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an ......structed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Ahsanul Karim, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondents No. 1. Civil Petition for Leave to Appeal No. 427 of 2009. (From the Judgment and Order dated 18.05.2008 passed by the ...... appeal or revision. It is only where statutory remedies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the pr..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... 10. The learned Advocate Mr. AU Ahamed argued that the petitioner was dismissed on 26-9-2004 and he obtained this rule on 15-5-2006 after delay of about two years and as such this rule is hit by the principle of inordinate delay. But it appears that the petitioner went to the Administrative Tribuna......ment and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......s or false statements or untrue statements may be made in the written statements and also there may be some forged documents may be produced in support of such written statement, but it is cardinal principle of law and has been established by all the Superior Courts that plaintiff has to prove his......taks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit N......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......nces the prosecution failed to prove that victim Biplob had the physically capable to make any statement such as, dying declaration after receiving the serious bleeding injuries. It is by now settled principle of law that to act upon a dying declaration, the Court has to see whether the victim had t......iminal Appeal No. 5492 of 2008. Judgment Enayetur Rahim J. - This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Manikganj for confirmation of the death sentence of condemned prisoners namely 1. Md. Lebu Miah, son of Late M......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541....... acquired right, title and interest in the ‘A’ Schedule property by adverse possession too. The defendants and their predecessors‑in‑interest have no right, title and interest therein and the principle defendants are liable to be evicted from 'B' schedule of the suit property. 5. The suit......e of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule lan......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......udge, Court No. 3, Jhenaidah, in Special Tribunal Case No. 29 of 1996, convicting tine accused appellant under section 19 (A) and 19 (f) of the Arms Act 1878 and sentencing him to suffer imprisonment for life for each of the offences. 2. Facts necessary for disposal of the appeal is that the info......ts interference and further prays for dismissal of appeal. 12. We have perused the memo of appeal, evidence on record and other materials. Also heard the learned D.A.G. The question calls for determination is, whether the impugned judgment and order of conviction and sentence passed against ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......s general, [see page 289 Maxwell on The Interpretation of Statutes, 12tn edition]. "A statutory term is recognized by its associated words. This latin maxim 'noscitur a sociss' states this contextual principle, whereby a word or phrase is not to be construed as if it stood alone but in the light of ......ssistant Attorney General - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......itted no error or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......istant Judge, Patharghata in Title Suit No. 30 of 2000 should not be set aside. 2. The plaintiff opposite party filed Title Suit No. 30 of 2000 in the Court of learned Assistant Judge, Patharghata for declaration of title and for partition. 3. That the suit was filed on the allegation that the......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......cord of the case and documents connected therewith. Though the cases referred to above relate to the framing of the charge under the provision of section 250B Cr.P.C. we are of the view that the same principle is applicable to a case for framing charge under sections 241A and 242 which correspond to......iminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Jud......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......petitioners’ claim that they are necessary and proper parties the leaned Advocate has cited the cases of Mst. Jahanara Begum Vs. AL Md. Shamsul Haque reported in 27 DLR (AD) 129in which the general principles of who is a necessary party has been discussed. 9. Mr. SK Sinha, the learned Advocate ...... Judge, Sadar, Chittagong, in Other Suit No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Sui......t the defendant has denied the title of the plaintiff even before the notice under sec. 106 of the Transfer of Property Act had been served upon him. By such prior denial the defendant has caused the determination of tenancy by forfeiture, consequently the ejectment suit is not maintainable. But I d..Category: Property Law | Date: | Hits: 50
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......udes sub section (f) and also the related supplementary section 19A of the Arms Act 1878. Unless such a determination is made by the trial court, this court holds that any contravention of such vital principle of trial shall definitely, vitiate the trial." The learned Judges further noticed "The pet...... Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Khondaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is......come to a safe finding that the accused person committed the offence under section 19 which includes sub section (f) and also the related supplementary section 19A of the Arms Act 1878. Unless such a determination is made by the trial court, this court holds that any contravention of such vital prin..Category: Criminal Law | Date: | Hits: 67
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......d as parties in the suit." 7. To the same effect is the decision in Ujjal Hossain and others Vs. Firoja Khatun & others, 41 DLR(HD) 481. 8. Judging the facts of the case in the light of the principle enunciated in the abovementioned cases I am of the opinion that the learned Subordinate Ju......rty. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 1......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......or etc. and in pursuance of the policy the lease of the petitioner was not renewed. The court held, on facts of that case, that although they did not pay the full amount of fee and premium but on the principle of equitable estoppel the Government was resisted to act against the interest of 1he petit......ondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documen......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ants then submits that the learned trial Court erroneously passed the order of conviction and sentence against the appellants relying on certain circumstances without considering that the fundamental principle of Criminal Jurisprudence is that circumstantial evidence should inevitably be to the conc......riminal Appeal No.760 of 1991 (Dhaka) Judgment Habibur Rahman Khan J. - This is a reference under section 374 of the Code of Criminal Procedure by Mr. Md. Amirul Islam, Sessions Judge, Dinajpur for confirmation of the sentence of death of condemned prisoners 1. Taslimuddin alias Tasir, 2. Md. ......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......eed under Order 12, rule 6 of the Code of Civil Procedure and pass a judgment upon such admission. 18. In the case of Wazedunnessa Khatun Vs. Daliluddin and others, reported in 25 DLR 418 the same principle was reiterated to the effect that admission of the defendant must be positive, clear and u...... in his pleading in suit. 2. Facts leading to this, in short, is that, MM Aziz as plaintiff filed a suit being Money Suit No.32 of 1990 in the court of the Subordinate Judge, 2nd Court, Chittagonj for realisation of Tk.11,44,254.00 against defendant‑petitioner namely M/s. A Elahee & Co repr......it, where admissions of fact have been made, either on the pleadings, or otherwise, apply to the Court for such judgment or order as upon such admission he may be entitled to, without waiting for the determination of any other question between the parties; and the Court may upon such application mak..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......ile the instant suit. 4. The government contested the suit by filing written statement denying the material allegation stated in the plaint that the suit is barred by limitation and also barred by principle of estoppel, acquiescence and waiver and that the suit is not maintainable and the suit is......rt facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. T......rned District Judge. 11. The learned Advocate cited the decision in the case of Abul Hossain Vs. Amjad Hossain reported in 62 DLR (AD) 436 in support of her contention. 12. Now, the point for determination is whether the Court below committed any illegality or material irregularity in passin..Category: Procedural Law | Date: | Hits: 72
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......tion under Article 102(2) of the Constitution (which corresponds to Article 98(2) of 1962 Constitution) if there is a non-relaxable pre-condition for bringing the appeal.”
18. In support of the principle enunciated in the above noted cases, Mr. Khan the learned Advocate further referred the to......p;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
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