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Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....ul Quddus and another…………………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziu......the FIR, the charges framed at the time of trial against the accused petitioners, evidence on record taken during the trial of the case as well as the Judgments of the Courts below. 13. We are now called upon to consider the submissions advanced by the learned Advocate for the petitioner and lear......itioner and learned Assistant Attorney General for the State. 12. Mr. S. M. Shamsul Karim, the learned Advocate for the petitioners, has placed before me the FIR, the charges framed at the time of trial against the accused petitioners, evidence on record taken during the trial of the case as well......d down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....e of the defendant No.5 petitioner is directed against the judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Writ Petition No. 1618 of 2000 making the Rule absolute in part by setting aside the order dated 22.2.2000 passed by the respondent No.2 in Title Sui......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......e name of the defendant No. 5 from the plaint with the finding that the question as to whether the defendant No.5 had executed the charge document or not can be decided after evidence is taken at the trial and the High Court Division maintained the order of the trial court regarding of rejection of ......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F..

Category: Civil Law | Date: | Hits: 122

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

.... hundred) only and filled it quoting Taka 1,06,00,000.00 (one crore six lac) only for the lease of the said Canal Toll Station for the year 1999-2000. For participating in the tender the petitioner also arranged 25% earnest money of the quoted amount of Taka 31,60,000.00 (thirty-one lac sixty thousa......t bidder for the lease of Mongla-Ghasiakhali Canal Toll Station, hereinafter referred to as the said Canal Toll Station, tender for which were invited by Inland Water Transport Authority, hereinafter called IWTA. His bids were accepted and he was given lease of the said Canal Toll Station for the ye......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Akramuzzaman ……………..Petitioner Vs. Government of Bangladesh and others……………..Respondents Judgment December 8, 1999. Result: The Rule is d..

Category: Others | Date: | Hits: 170

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....ail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ For the State. Not Represented ‑ For the Condemned Prisoner. Death Reference No.19 of 1992 with Jail Appeal No.1251 of 1992. Judgment Qazi Shafiu......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......5 of 1992 against accused Abul Howlader. The condemned‑prisoner has also submitted a jail appeal being Jail Appeal No.1251 of 1992. The reference as well as the jail appeal have been heard together and will now be disposed of by this common Judgment. 2. Short facts for the disposal of the refer..

Category: Criminal Law | Date: | Hits: 97

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....slam J British Airways Plc..................Petitioner Vs. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabind......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......stay unless strong cause is made out for not doing so. In what country the evidence on the issues of fact is situated or more readily and the effect of that on the relative convenience and expense of trial as between the English and the foreign Courts are also to be considered. In the Fehmarn cases ...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C..

Category: Alternative Dispute Resolution | Date: | Hits: 304

Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)

....is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......He submits that the learned Sessions judge was not correct in rejecting the Narazi application. According to him, the learned Sessions Judge ought to have accepted the Narazi application and directed trial of the accused. In support of his contention he has referred to the case reported in 33 DLR pa......�Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan ..

Category: Procedural Law | Date: | Hits: 100

Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)

....wlader & others…………………………Petitioner Vs. Jahangir Alam Matbar………………………Opposite Parties Judgment August 21, 1983. Result: The Rule is made absolute. Lawyers Involved: M.A. Quyum with Subodh Ranjan Dutta - For the Petitioners. A. F. ......tes and perusing the papers I hold that the plaintiffs-opposite parties have not made out a prima facie case for an order of temporary injunction. An order for maintenance of status quo is also not called for in the facts and circumstances of the case. Observations in this Judgment are confined to......fer and other papers were pending before the Registrar, Joint Stock Companies. It was further asserted that the plaintiffs did not file the necessary papers in support of their case. On 29.6.83 the trial Court returned the plaint after finding that it had no jurisdiction to hear the matter as the ......o.225 of 1983 for a permanent injunction restraining the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his mother Shamsun-nahar Begum defendant No.3 ..

Category: Civil Law | Date: | Hits: 147

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

.... others…………………………..Petitioner Vs. AKM Gyasuddin Sarder and others…………………………..Opposite Party Judgment May 03, 2007. Result: The rule is made absolute. Cases Referred to- Md. Siddique and others Vs. Haji Ahmed, PLD 1967 Karachi at 468; P......ow is hereby set aside, and the decree of dismissal of the suit by the trial Court is restored and the suit be dismissed. The order of stay granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is al......24 and 25 by Sale deed and Mutated her name and she constructed homestead thereon etc. and she denied the allegations of threatening made in the plaint. 6. On the pleadings of the parties, learned trial Court framed 4, issues and after recording evidences of plaintiff and defendants and hearing t...... and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

.... Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposite Parties Judgment May 17, 2007. Result: TheRule is made absolute. Cases Referred to- Jagannath (Plaintiff) Vs. Baldeo (Defendant), 1883 ILR Vol. V Page ......urchaser Plaintiff P.W.1 Hari Rani Basak had entered into possession through process of law. 33. Learned Trial Judge in the Judgment held that Defendant-Government had categorically stated that so called auction purchase, Certificate of Sale and Writ of Delivery of Possession were forged and crea......ation as prayed for? 8. Over pleadings and Issues Plaintiff and Third-Defendant fought out the suit. Fourth-Twelfth Defendants, though, laid written statement did not put up contest at the time of trial of suit. Evidence both, oral and documentary had been led in support of respective contentions......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 108

Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)

....��…………………………Petitioner Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed......below in this case on its findings that since the deeds of agreement were unregistered and the recitals to reconvey were not incorporated within the body of the sale deeds, the transactions cannot be called usufructuary mortgage, had dismissed the suit both for declaration and for redemption. 5. ......ry much clear that transaction in question is a complete usufructuary mortgage for 7 years. The deed of agreement although not registered is admissible in law and as such, was legally accepted by the trial Court. It is on record that the deed of agreement was made an exhibit without any objection fr......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A..

Category: Property Law | Date: | Hits: 117

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....f J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Com...... complaint in the Court of Sub-Divisional Magistrate Sadar (South), Comilla alleging, inter alia, that Jahir Mia, Farid Mia, Manu Mia and Nizam Mia having gone to his house at 9-30 P.M. on 6.9.79 called away his son, that he and his wife asked the aforesaid persons as to why they were going with......zance against the petitioner for an offence under section 302/109 Penal Code. The Sub-Divisional Magistrate, however, rejected both the petitions and then sent the case to the Court of Sessions for trial as the alleged offence is exclusively triable by that Court. 4. The informant does not seem......h Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result:..

Category: Criminal Law | Date: | Hits: 110

M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)

.... insects charged upon the Brower. It further appears that the Government in its memo dated 31-05-06 directed the bank to waive all type of interest as evident in annexure-C of the writ petition and also directed to allow the borrower easy payment of principal amount by installment considering the po......ad of waiving interest adjusted the amount paid earlier with interest, which on the face of the record is vocative of the Government circular. 4. Considering the facts and circumstances no rule is called for. The respondent No.4 (Bank) is directed to consider the representation made by the petiti......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......itioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advocate appearing on behalf of the petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing..

Category: Others | Date: | Hits: 125

Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)

....ntence dated 30.11.1998, passed by the learned Judge of Special Tribunal No.3, Lakshmipur convicting the convict appellant under Section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years in Special Tribunal Case No.39 of 1995. 2. Necessary facts for the purpose o......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......tly the case record was transmitted to the Court of Sessions Judge and Senior Special Tribunal, Lakshimpur who transferred the same to the Court of Special Tribunal No.3, Lakshmipur who after holding trial convicted and sentenced the convict appellant as aforesaid. 3. The defence of the convict a......LR (AD) 24. Lawyers Involved: Md. Shihab Uddin Mahmud - For the Convict Appellant. A. B. M. Waliur Rahman, Deputy Attorney-General with Zinnat Akhter Nazley Begum, Assistant Attorney-General and Md. Nazmul Haque, Assistant Attorney-General - For the State. Criminal Appeal No.1 of 1999. ..

Category: Criminal Law | Date: | Hits: 102

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....43; Kashmira Singh Vs. State of Madhya Pradesh, AIR 1952 SC 159; Uma Shankar Vs. State of UP, AIR 1979 SC 1456. Lawyers Involved: TH Khan with MA Wahab Mia, Advocates ‑ For the Condemned‑Prisoners. Syed Ziaul Karim, Advocate ‑ For absconding Condemned‑Prisoner. Amirul Kabir Chowd...... The compliance of section 364 CrPC has not been made by the learned Magistrate as such the defect is not curable and by examination of the Magistrate such defect cannot be cured. Therefore, the so‑called confessional statement cannot be admitted or considered by this Court. It is reported in the ...... to be acquitted and the reference should be rejected. 7. In this case neither the informant Abdul Jabbar nor the Investigating Officer Fazlul Huq has been examined as both of them died before the trial began. 8. P.W.1 Md. Abdul Kashem, Sub‑Inspector of Police proved the First Information Re......7. ..

Category: Criminal Law | Date: | Hits: 104

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

....ed the aforesaid Title Suit for a decree for specific performance of contract in respect of the suit property. It was the case of the plaintiff that the defendant Nos.1 to 4 were the owners and possessors of the suit property. The predecessor‑in‑interest of the defendant Nos.1 to 4, namely, Syed...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......lent. 4. In this case the plaintiff examined four witnesses, while the defendants examined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hearing the parties and perusing the evidence on record the le...... (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara Begum and others..........

Category: Property Law | Date: | Hits: 157

Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)

....hed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ...... annexures thereto. 2. It appears that upon a petition of complaint lodged by the complainant the petitioner along with nine others were summoned under section 379 of the Penal Code to stand their trial. The petitioner thereafter was granted bail by the learned Sub-Divisional Magistrate, Dacca wi......med Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul H..

Category: Criminal Law | Date: | Hits: 107

Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....��……………………Petitioners Vs. Moulavi Mukhilisur Rahman and others……………………………Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi,......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......e patta dated 4‑2‑1936 and their further case is that during pendency of the suit they also purchased some more lands from others and, as such, prayed for saham. 3. The suit was decreed by the trial Court and the defendant Nos. 42‑43 filed First Appeal No.29 of 1978 and defendant No.22 file......vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..

Category: Procedural Law | Date: | Hits: 118

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16 All 212; Deputy Legal Remembrancer of Bengal Vs. Amulya Charan Divan, (1913) 18 C......mperor, AIR 1925 PC 151. 10. In Harbans Singh Vs. State of Punjab, 1962 Supp (1) SCR 104=(AIR 1962 SC 439=1962(1) Cri LJ 479) a four-Judge Bench of Supreme Court of India observed: "What may be called that golden thread running through all these decisions is the rule that in deciding appeals a......e in favour of accused and accused is entitled to benefit of reasonable doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered ...... San Win, ILR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701. Queen-Empress Vs. Prag Dat, (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusan, (1890) ILR 17 Cal 485; Deputy Legal Remembrancer. Bihar and Orissa Vs. Matukdhari Singh, 20 Cal WN 128=AIR 1917 Cal 687=17 Cri LJ 9; In re Sinnu Goundan, IL..

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard along with Jail Appeal No. 189 of 2002 modifying the Death Reference to the life term rigorous imprisonment and dismissing the Jail Appeal arising out of Sessions Case No.41 of 1993 of the Court of Se......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......rt of Sessions Judge, Hobiganj where cognizance of the case was taken on 19.07.1993 and charge under Section 324/302 of the Penal Code was framed by the Sessions Judge on 17.08.1998 who after holding trial convicted and sentenced the condemned prisoner for the offence committed under Section 302 of ......the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard ..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

.... Mohammad Fazlul Karim J.- This petitioners seek leave to appeal against the judgment and order dated 19.08.2007 passed by the High Court Division in Civil Revision No.449 of 2006 making the Rule absolute setting aside the those of the lower appellate Court and allowing the pre-emption case thereb......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......h Court Division in Civil Revision No.449 of 2006 making the Rule absolute setting aside the those of the lower appellate Court and allowing the pre-emption case thereby the judgment and order of the trial Court has been affirmed. 2. The facts led to the case, in short, are that the respondent No......ate Division (Civil) Present: Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Alhaj Abdul Awal Ratan and another……………….....Petitioners Vs. Abdul Mannan Mia and others…................

Category: Property Law | Date: | Hits: 88

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