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Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....d Chief Justice referred this case to me for decision the Third Judge. 3. As the facts giving rise to this Rule elaborately has been stated by my learned brothers I shall only state, in short some relevant facts. The petitioner, a former Prime Minister and Vice President of Bangladesh on 6.12.90 ...... examining the summary, FIR, 161 statement and the charge sheet came to the conclusion that the First information Report is founded on the basis of the Second summary and the facts disclosed in those papers including First Information Report, 161 statement and charge‑sheet do not disclose any offe......‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Calcutta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gup......are based on total incorrect and false materials and the prosecution by suppressing vital information misled the Court and the Special Judge also while framing the charge did not examine the records, documents and the statement made under section 161 of the CrPC as required under section 241A CrPC T..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......in: 44 DLR (HCD) (1992) 533.......eferred to above we find no substance in the submission of the learned Advocate for the complainant opposite party No.1. 10. As per prosecution the accused‑petitioners used the alleged forged documents both in Civil and Revenue courts. In such a position as per decisions of the Appellate Div..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges." Also relevant is section 528(1) Cr.P.C. which is as follows:- "528. (1) Any Sessions Judge may withdra......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Begum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.... appeal is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The facts relevant for the disposal of this appeal are as follows. The respondents instituted the aforesaid O.......o the Court on 30.9.85 with the report of the Sherestader. The draft was approved by the Court by Order No.41 dated 30.9.85 and the decree-holder respondents were directed to file the Kabala on stamp papers for registration on 5.11.85, which they did. On 14.11.85 the judgment-debtor-appellants prefe......s follows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for specific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants prefe......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ....... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for...... the failure of the defendant No.1 to become Mutwalli and his successor. Therein it has also been stated that the defendant No.1 wants to deny the existence of the Wakf by creating collusively some documents. It seems to me that introduction of facts in ঝ and ৯ has not changed the character an..Category: Procedural Law | Date: | Hits: 133
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......8.86 in the absence of the petitioner when 7 witnesses including the opposite party No.4 was examined and on 14.8.86 another 8 witnesses were examined on behalf of the opposite party No.4 and certain papers were admitted into evidence and marked exts.1-6. After hearing the arguments the Election Tri...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....quittal passed in favour of a party in respect of an offence charged while dealing with an appeal against the order of conviction in respect of an offence found proved. 17. Let us now consider the relevant evidence of the prosecution witnesses. 18. P.W.3 Nurul Islam has stated in his deposit......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ...... Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pa......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Wr...... under what title, whether the Muktipatra dated 8.5.79 created any title in favour of the predecessors of respondent Nos.4-6 and other questions can be determined only after examining witnesses and documents in a full-scale title suit. None of these things can conveniently or even suitably be done..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
.... occupants status remained as occupiers of the Municipal lands without any right and/or as trespassers and possession of the lands in question were obtainable by the Municipal Corporation under the relevant law." "The petitioner and some others being trespassers eviction notices were rightly ......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....sailed the judgment of the learned Trial Court contending that the judgment and order of conviction is based on hypothesis and conjecture rather than on legal evidence. He drew our attention to the relevant portion of the judgment of the learned trial court wherein the learned judge observed. "The......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
....respondent No.1. submits that by no stretch of imagination the property in question can be treated as vested and non‑resident property in pursuance of VP Case No.11 of 1979 in view of fact that the relevant enemy property law has been repealed in the year 1976. During Indo‑Pak war in 1965 the Em...... Court which were considered and disposed of together. The plaintiff examined three witnesses including himself and the contesting defendant No.2 examined one witness. The plaintiff submitted so many papers and documents which have been marked as exhibits. After considering the evidence on record th......sion
(Civil Appellate Jurisdiction)
Present:
Mozammel Hoque J
Abdul Karim J
Additional Deputy Commissioner (Revenue) Dhaka………………Appellant
Vs.
Md. Mostafa Ali Mridha and others…………………Respondents
Judgment
July 22, 1993.
Result:
The appeal is......the owner Ram Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property.
4. On the aforesaid pleadings of the parties four i..
Category: Property Law | Date: | Hits: 134
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....rresponsibly and assassinate character of a man. In publishing an investigative report if a journalist acts responsibly and in good faith and collects information after verifying the same, consulting relevant materials and person or authority concerned without any malice to anyone and the report is ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......ion case, the opposite party 1 had not saleable or transferable interest in the case land. For those reasons, the pre‑emption case is not maintainable. Parties adduced oral evidence and riled their papers. Both the Courts below allowed pre‑emption against gift made by Ext.3 under Mohammadan Law.......n: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....XLII of 1992 shall not affect the provisions of section 5A of the Criminal Law Amendment Act, 1958. 4. To give decision on the question raised by Mr. Amirul Islam, it is necessary to reproduce the relevant provisions of the law. The provisions are section 5A of Criminal Law Amendment Act, 1958, S......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......se is also Reported in: 51 DLR (1999) (HCD) 368....... obtaining such sanction shall be excluded from the period specified in this sub-section. Explanation. The time taken for obtaining sanction shall commence from the day the case with all necessary documents; is submitted for consideration of the appropriate authority may be deemed to end on the d..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....o mention that it does not absolve the plaintiff from proving his case in material particular by evidence. But the case record shows that the respondent has also not examined another set of important relevant witnesses in the suit who were directly related, namely, any one of the persons engaged in ...... but failed and then he sent it to Dhaka for repairing. But neither the said local engineer nor anybody connected with the taking the generator to Dhaka and its repair, etc. has been examined nor any papers, bills and vouchers were produced. Those and the above log book operators are very material a...... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar......iled on 2-10-89 is not maintainable having not been filed within 6(six) months from the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after ..Category: Business or Commercial Law | Date: | Hits: 525
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....if examined as a witness and also where a witness resiles from his statement recorded under section 164 of the Code of Criminal Procedure for the purpose of prosecuting him for perjury; but it is not relevant against the accused in any manner whatsoever. 12. Now coming to the confessional state......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
.... 2 for the last time. He denied that plaintiffs proposed to purchase the suit, industry as per terms and conditions stated in paragraph 3 of the plaint. He said the Patuatuly shop was closed at the relevant period of time due to looting. He said his brother defendant No.1 had acquaintance with......an. Thereafter on 15.5.78 the defendants handed over the Photostat copy of lease deed (between the C & B and the then M/s. East Pakistan Aluminium and Iron Manufacturing Company) and some other papers to the plaintiffs and asked them to pay the balance of Tk. 7,55,000/- after selling out their...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......mber disproves the plaintiffs case. P.W.10 Md. Moosu is a typist who only stated that he typed Ext.3 on 7.10.78. 28. D.W.1 Md. Nazem Ali, Principal Officer of Rupali Bank, Dhaka produced certain documents as per Court's order on the petition of the defendants and proved them. In cross-examinati..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... of the Mill for the purpose of the Industrial Relations Ordinance. The teachers have their separate identity. Thus, the learned Counsel submits that the Labour Court upon proper consideration of the relevant law and the material facts has arrived at a correct finding that the petitioner does not co...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....nal No.16, Dhaka, arising out of OR Case No.1778 of 1994 and Kotwali PS Case No.23 dated 17-8-1994, under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Inf......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....mit the award before 30-7-1996. On receipt of said order of appointment of Arbitratorship, the Arbitrator vide notice dated 12-8-1996 entered into the reference and directed the parties to submit the relevant papers in support of their case, whereupon the opposite party No.1 in compliance with the s......ward before 30-7-1996. On receipt of said order of appointment of Arbitratorship, the Arbitrator vide notice dated 12-8-1996 entered into the reference and directed the parties to submit the relevant papers in support of their case, whereupon the opposite party No.1 in compliance with the same appea......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20......he said irregularity the Board has lodged in FIR on 24-4-1989 against the proprietor of the company. In due course the Bureau of Anti-Corruption took up the investigation and seized all the necessary documents from the office of this petitioner. But during the pendency of the criminal case and on re..Category: Alternative Dispute Resolution | Date: | Hits: 291
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