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Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......n the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......through the ICRC cannot take away his right as a national of Bangladesh. It is also argued by the learned Advocate that the Court of Settlement failed to correctly assess the facts, circumstances and evidence and failed to appreciate the documents and the papers submitted by the petitioner in their ..Category: Property Law | Date: | Hits: 90
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... accused; (3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want o......thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......minal Procedure the High Court Division would not embark upon an inquiry as to the truth or falsehood of the allegations made against the accused person and that can be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that a proceeding ca..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......lling upon the respondents to show cause as to why refusal of Respondents to register the amended name of the petitioner with the office of Customs, Excise and VAT, Kotwali Division, Chittagong, as evidence by Memo dated 8-4-2010 bearing নথি নং ৪র্থ (১২) ১৮৮/মুস..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......iately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......8 and submits that confession of an accused cannot form sole basis of conviction against the Non-confessing accused persons, jointly tried for the same offence without other corroborative substantive evidence. In this connection she also referees the cases of Ustar Ali Vs. State, reported in 18 BL..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......l is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......(90 Ajutangsha) land only. It appears from the judgments of the trial Court and the appellate Court in the earlier suit that both the Courts, on consideration of all the facts and circumstances and evidence on record, clearly found out that the CS Plot No.371 actually contained 0.9007 acre of land..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280....... 8 (eight) lakh as transfer fee. The plaintiff-appellant examined 4 P.Ws. and the defendant-respondents, on the other hand, examined one witness as D.W.1. 5. The trial Court on consideration of evidence dismissed the suit on merit on the finding that the defendant-respondent filed Civil suits ..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......t cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......Islam, the learned Advocate for the plaintiff-respondent, on the other hand, submits that the plaintiff-respondent has been able to prove his case for specific performance of contract on the basis of evidence and materials on record which, according to him, clearly established that the defendant-app..Category: Civil Law | Date: | Hits: 148
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......in: 50 DLR (HCD) (1998) 271.......such, the impugned judgment and decree must be set aside.
9. Before parting with the case another special feature of the case deserves mention. In the face of clear averments in the plaint and the evidence led by the plaintiff it stands beyond redemption that the defendants have already construct..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....f, which the trial Court wrongly lost sight of. 14. Mr. Habibul Islam Bhuiyan, learned Advocate appearing for the defendant-respondent, has opposed the admission of this piece of evidence as being inadmissible under the Evidence Act. We find that this statement of accounts was attested by Martin ......……Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with......time of trial the plaintiff examined himself as the sole witness on his behalf and defendant No.1 also examined himself as the only witness on his side. A large number of documents were admitted into evidence. The trial Court found the share of the plaintiff in the property of schedule ‘A’ as ha..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......implicated in this case. Thus, it is clear that whether or not the petitioner attempted to give a declaration about the possession of gold recovered is a disputed question of fact to be determined on evidence and as such, the same cannot be resolved in writ jurisdiction. Thus matter is well settled ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....to make the alleged confessional statement on the assurance that he would get acquittal after trial. In this view of the matter, Exhibit 7 confessional statement cannot be held voluntary rather it is inadmissible being hit by section 24 of the Evidence Act. In this connection Mr. Tabarak Hussain has...... any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......isonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is depicted as u..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385....... copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......he time of trial non-disclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence. In view of this decision, we hold that though the date of service of the legal notice upon..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......tice, the accused petitioner came to bank authority and verbally prayed for some time and accordingly sometime was given. But the accused petitioner denied these facts. Actually there is no record or evidence to believe such oral version of the opposite party No.2. The opposite party No.2 has create..Category: Civil Law | Date: | Hits: 150
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......s to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......n such an order must operate harshly on the rights of the share‑holders. In the present case just a vague allegation has been brought on the point of mismanagement not being supported by any cogent evidence and as such the contention of Mr. Toufique Newaz has no substance. 27. Mr. Toufique Newa..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......ed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......is Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......llenge any step in the process of the election including an order passed by the Election Commission under Rule 70. In that case it was further observed that in a dispute the issue is to be raised and evidence adduced for adjudication by a competent tribunal. This function has been given to the Elect..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ...... to- Serajul Mostafa Vs. Ali Ahmed Sikdar, 33 DLR 168; Munshi Md. Fazlul Haque Vs. Saleh Ahmed, 13 MLR (AD) 332; Md. Abdul Hoque Gazi Vs. Mohammad Shamsul Haque, 9 MLR 380 = 9 BLC 600; Shafique Uddin Ahmed Vs. Abdur Rashid, 7 BLC 255. Lawyers Involved: Bivash Chandra Biswas with HM Borhan, ...... my opinion the statement that has been made by pre-emptees in the application under Order VII Rule 11 (d) of the Code of Civil Procedure is a matter to be decided by the trial Court after adducing evidence by the parties on this point. Because those facts only can be determined by the trial Court..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235........ Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......ade to the effect that "a GD entry filed by the informant that is the husband of the accused Rokeya Begum", thereby indicating that the informant is the actual husband of Rokeya Begum, before any evidence were led to establish that the informant is the actual husband, is unwarranted". It shows..Category: Criminal Law | Date: | Hits: 79
....
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......lier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......dants No.3 and 4 on 8.12.1981.
4. The plaintiff examined 3 witnesses and the defendants examined two witnesses.
5. The trial Court after considering the facts and circumstances of the case and evidence on record came to the finding that the plaintiff could not satisfactorily prove the executi..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... (Ka) of the Madak Drabya Niyantran Ain, 1990 and explained the same to accused Nurul Islam who was present in Court and pleaded not guilty and claimed to be tried. Thereafter 12.5.1991 was fixed for evidence and on that date an application was filed on behalf of accused Nurul Islam for his bail whi..Category: Criminal Law | Date: | Hits: 81
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