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Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... 2nd Court (in-charge), Gazipur in Miscellaneous Case No.6 of 2004 rejecting the Misc. Case under Order 41, Rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filling of the above appeal are that the appellant as pre-emptor filed Pre-empt...... Sheikh Abdul Awal J Musammat Nahida Sultana…………………………………Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Resul......ion contending, inter-alia, that they acquired the case land by way of a registered exchange deed and as such the pre-emption case is not maintainable. 4. At the trial both the parties led evidence to prove their respective cases and the learned Assistant Judge by his judgment and order d..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....tioners' salary, who are presently serving in different colleges of the country, in the form of Monthly Payment Order (briefly, MPO) from the Government. 2. Briefly stated, the relevant facts necessary for disposal of the Rule, are as under: 3. The petitioners are serving as ......rted in: 67 DLR (HCD) (2015) 178 ......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....e. 6. Mr. Sultan Ahmed, the learned Deputy Attorney General appearing for the State, submitted that the contention of the learned Advocate for the petitioners has no manner of application to the facts of the present case as the present case was a pending case before the promulgation of Ordinanc..............Petitioner Vs. State & others..............................Opposite Parties Judgment November 7, 1983. Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside t......the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ..Category: Criminal Law, Procedural Law | Date: | Hits: 1
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......
Present:
Fazle Munim J
Shahabuddin Ahmed J
Md. Siddiqur Rahman, Acctt/Funds & Claims & others..........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
The Rule is disc...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
..
Category: Administrative Law | Date: | Hits: 1
....iry been held regularly and properly, that is to say, by giving notice to the Governing Body, all or any of the members of that Body could have availed of the opportunity, if they liked, to establish facts which could have relieved themselves of the stigma which now attaches to everyone of them, gui......of Governors,
Bangladesh National Society for the Blind…………Petitioner
Vs.
Bangladesh and others……………………………&h......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....dren as a result of which Sohel was killed. 8. The prosecution in all examined 14 witnesses but the defence examined none. The learned Sessions Judge, in consideration of the evidence on record, facts and circumstances of the case, convicted and sentenced accused Majibur Rahman Gazi as aforesai......2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel or anybody......November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel o..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....lat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No. 2, Bangladesh House Building F......zmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)……………….............................. Appellants Vs. Artha Rin Adalat, Khulna and another…………………Respondents Judgment Ap......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ..Category: Others | Date: | Hits: 3
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
.... 217 of 2002 from the Artha Rin Adalat, 1s1 Court, (Joint District Judge) Dhaka and thereby transferring the same to the Artha Rin Adalat, 3rd Court, Dhaka, should not be set-aside. 3. The brief facts, relevant for disposal of this Rule, as have been stated in the revisional application, in sho......10) of the Artha Rin Adalat Ain, 2003, wherein it has been specifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case sinc......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ..Category: Banking Law, Civil Law | Date: | Hits: 3
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....ale the Employer continued their designation as Line-helpers. Similarly, those who were appointed after November, 1964, as "Helpers were also designated as 'Line-helpers' and these facts were entered in their. Service-books although there was no post like "Line-helper since 1......4 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-Record-For the appellants Civi......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.....71 Exts. 9, 9/1. P.W. 15 investigated the case and ulti mately submitted charge-sheet against the appellant upon obtaining sanction from the Government Ext.26. 9. On the basis of aforesaid facts it was alleged that the appellant dishonestly demanded and deducted Tk. 2000/- as illegal grat......p;……………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) 1 WLR 965; Telikecher......l gratification as alleged. 11. The prosecution examined 15 witnesses in support of the case but the defence examined none. The learned Senior Special Judge upon a consideration of the evidence on record convicted and sentenced the appellant as already stated above. 12. Being agg..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......Baset MajuMd.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by the High Court Division in Criminal Appeal No. 3536 of 2009) ......dent in accordance with the Ain and in arriving at such conclusion, it has relied upon the ease of Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290, it did not at all assess the evidence on record although the Special Judge on assessment of the evidence convicted the respo..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ......; State..................................................Petitioner Vs. Barrister Nazmul Huda and other………….Respondents Judgment December 1, 2014. &nbs......itted them of the charges levelled against them. 3. Mr. Khurshid Alam Khan, learned Advocate for the petitioner submits that the learned Special Judge convicted the respondent upon assessing the evidence of 40 (forty) prosecution witnesses and 8 (eight) defence witnesses but the High ..Category: Criminal Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......-on-Record—For the Respondent No. 1. Md. Shamsul Alam, Advocate-on-Record—For the Respondent No.2. Criminal Petition for Leave to Appeal No. 442 of 2012. (From the Judgment and order dated 22-1-2012 passed by the High Court Division in Criminal Revision No. 150 of 2011). ...... 3(three) months more. 4. We have perused the impugned judgment and heard the learned counsel of both the parties. 5. The High Court Division by a lengthy judgment on assessment of the evidence held that the petitioner was guilty of the charge brought against him under section 494 of ..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....al offence against an accused. The learned Magistrate appears to have passed an order arbitrarily in the instant case without assigning any reason whatsoever and without applying his mind to the facts of the case. In this view of the matter we do not find any illegality in the impugned order of......igh Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rahman and others ........................Petitioner Vs. Syeedul Haque Chowdhury.......................bitrarily stated, exercising his power under section 241A Cr.P.C. that the offences have not been proved which finding he has no jurisdiction to give without giving the prosecution a chance to adduce evidence because there is a world of difference between making out a prima facie case and proving a ..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....esent but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C (4) Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipu......arties. Criminal Revision No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessio......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......on)
Present:
Syed Fazle Ahmed J
Abdul Mannan Shah & others........................................Petitioners
Vs.
Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1......ssion as P.W.1 defence side also examined 6 witnesses in support of their case.
6. The plaintiff Kafiran Nessa Bibi, who was aged 80 years before her death, deposed in this case as P.W.1. In her evidence she asserted that she never intended to make deed being deed of Hiba‑bil‑Ewaj in respec..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....of the executive has been stipulated and over the decades, both in India and Pakistan, the point has been settled to come to a line that the satisfaction is subjective no doubt but based on objective facts and; when challenged by the detenu then the judicial power is attracted in determining as to t...... Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The dete......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....ere cannot be an offence under section 406 of the Penal Code, reference may be made to the cases reported in AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988. 11. Having considered the facts and circumstances of the case we are of opinion that even if the prosecution case as stated in...... also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....ts that since both the Courts below concurrently held that plaintiffs are entitled to maintenance, this Court exercising power under section 115(1) of the Code shall not interfere with the finding of facts arrived at by the Courts below. 11. Perused the judgments of the Courts below and the recor......nal Jurisdiction) Present: Quamrul Islam Siddiqui J Adhir Das………………………………………………………………………………..Petitioner Vs. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....e the ex-parte decree passed against him was rightly rejected by the trial Court and affirmed by the appellate Court by the impugned judgment and order. Thus he submits that the concurrent finding of facts arrived at by this Courts below should not be interfered with by this Court in its revisional ......ted in: 18 BLT (HCD) (2010) 305. ......he Appellate Division I proposed to dispose of the Rule in the absence of the petitioner. 8. From the impugned judgment in appears that the learned judge of the appellate Court after assessing the evidence properly came to a definite finding that the petitioner filed the instant Miscellaneous Cas..Category: Procedural Law | Date: | Hits: 28
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