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Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......lf filed the application dated 16.02.2006. Thus, the filing of an application by petitioner No.2 on 16.02.2006 became a disputed question of fact and the same could not be thrashed out without taking evidence, so the High Court Division was perfectly correct in taking the said view. 13. Now, s..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......tablish that the litigation is amongst Australian litigants and that plaintiff has undertaken to pay into Court on account of freight and other charges. It is submitted that the said foreign judgment evidences that the petitioner-importer was not a party to the proceedings suffering any claim, the p..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ong with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context, the impugned proceedings should not be quashed. 14. Next,..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......d another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......e government and since the land is recorded in favour of the Bangladesh Government all title and interest have been vested upon the government. 7. The trial court on consideration of the material evidence on records adduced by the parties both by deposition in the court and also through document..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ...... this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......r face value and accepted in their entirety, do not constitute the offence as alleged. (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......d a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......the trial Court as well as appellate Court. But the instant case under section 561A of the Code of Criminal Procedure has been filed when the original Criminal case is pending and yet to be tried. No evidence is available before us to ascertain correctness of allegations brought by the accused-petit..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ...... down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......nnocent and they have been falsely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of the facts and circumstances of the case the lear..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......d. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... witnesses. 6. After closure of the prosecution case, accused was again examined under section 342 of the Code of Criminal Procedure (briefly as the Code), again he pleaded not guilty but led no evidence in defence, however he offered an explanation supporting his innocence and false implicatio..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......th a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......trial the prosecution examined 8 witnesses including the victim informant and of them one was tendered and prosecution witnesses Nos.2-4 were declared hostile by the prosecution. After closure of the evidence of the prosecution witnesses there was no scope for examination of the accused-petitioner u..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. .................................Respondent Judgment August 22, 2012. Result: The appeal is dismissed. In an arms case, an accused could be convicted on the basis of unimpeachable evidence of the Police witnesses though the public seizure list witnesses were reluctant to tell the..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......he possession of a petitioner which contention shall have to be supported by public witnesses. ....... (21) Corroboration by public witnesses Conviction can be awarded relying only upon the evidence of police personnel. Corroboration by public witnesses must exist for awarding conviction....Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......llip;……………........Respondent [In all the cases] Judgment August 13, 2012. Result: The petitions are dismissed. Though there were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on rec..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......d material illegality and irregularity in deciding the merit of the suit against the plaintiff-petitioner and in favour of the defendant-opposite parties. There has been misreading and non-reading of evidence in sifting evidence and the learned lower appellate court has totally failed to assess the ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ...... of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......an which has no relevancy with the IRO cases filed by the petitioner before the Labour Court. Although the total period of work of the writ-petitioners in different time is more than 120 days, as per evidence on record, they did not work for 120 days continuously in a particular engagement; the..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......r of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......on-maintainablity of the same. The main contention of the respondent No.3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the p..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......ence. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......cedure is not a substantive evidence. Mere delay in recording the statements of the prosecution witness under section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting................................Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......ot to absorb them in those vacant posts. 3. It was argued on behalf of the petitioner that though the post of 7 sweepers appeared to have been approved by the Ministry of Education, there was no evidence that they had actually been absorbed in those posts; that the appointment letters of the wr..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......y implicated in this case out of enmity inasmuch as they were not responsible for/connected with the occurrence. 9. The learned Additional Sessions Judge, Court No.1, Pabna, on the basis of the evidence on record, found the leave petitioners guilty of the offence charged and by his judgment an..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the disposal of the suit. The learned Advocate-on-Record has lastly submitted that the High Court Division failed to apply its judicial mind in the facts and circumstances of the case in sifting the evidence on record, particularly, the noting in the diary of the defendant which proved that most of..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ss the prima-facie evidence of the existence of a conspiracy is given and accepted, the evidence or statement or confession made by one conspirator in reference to the common object becomes inadmissible against all. Similarly, statements made by an accused-person during a trial can hardly ...... Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......f the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. Admittedly victim Jibran was murdered on his way ho..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
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