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Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....ge, Rajibpur, Kurigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that......Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......and thereby committed an error of law resulting in the decision occasioning a failure of justice. He again submitted that the lower appellate Court also committed an illegality in not considering the evidence both oral and documentary arid most illegally affirmed the Judgment and decree passed by th..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
.... State submits that the appellant has been rightly convicted under section 19A of the Arms Act and sentenced thereunder to suffer rigorous imprisonment for 10(ten) years on proper appreciation of the facts and circumstances of the case and evidence on record and no illegality has been committed by t......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad......ned none. 7. After examination of the P.Ws., the accused Nur Hossen was examined under section 342 of the Code of Criminal Procedure to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examina..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult daughter of the opposite pa......lso Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..Category: Criminal Law | Date: | Hits: 39
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....ction 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the A......160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the AACT as......he DCT acted illegally in treating the investment under Section 19(3) and 19(4) as (income from other sources) in spite of the fact that the assessee disclosed the source of the money with supporting evidences. (2) Whether on the facts and in the circumstances of the case the Tribunal was justifi..Category: Fiscal/Taxation Law | Date: | Hits: 83
....f these matters would have impact on the implementation of various housing projects by individuals and private companies, I would like to express my opinion on the questions separately.
2. Short facts relevant for determination of the points in these matters are that Bangladesh Environment Lawy......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental...... define the sites of proposed roads, public and other buildings and works, or fields, residential etc. Section 74 provides for publication of the Master Plan by notification which shall be conclusive evidence that the Master Plan has been duly made and approved and, thereafter, it will be unlawful f..
Category: Environmental Law | Date: | Hits: 434
....surprisingly the respondent No.5, neither started the works of the project nor repaid the loan money inspite of repeated reminders followed by the legal notice.
3. In the backdrop of the aforesaid facts and circumstances, the petitioner-Bank finding no other way filed Money Suit No.33 of 1989 bef......cial Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Bangladesh Krishi Bank…………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and Others…………………Respondents
Judgment
September 26, 2007.
Result:
The rule...... the petitioner-Bank submits that the Judgment passed by the Deputy Commissioner, Rangamati is not based on correct evaluation of the facts and materials of the case nor on proper appreciation of the evidences on record and as such the same cannot be sustained in law. The learned Advocate in the cou..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with ......ut of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....he record that the said reversionary heirs executed a no objection deed in favour of the defendant No.10. So, I find no substance in the submission of the learned Advocate. 13. Considering all the facts and evidences on record and the law as stated herein above, I am of the opinion that both the ......r Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......the suit and the plaintiffs examined 4 P.Ws. and defendants examined 4 D.Ws. and both the parties exhibited a series of documents in support of their respective cases. 5. Upon consideration of the evidences on record, the trial Court dismissed the suit by the impugned judgment and decree dated 14..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....e, 2nd Court, Rangpur in Sessions Case No.83 of 2002 convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The facts leading to filing of the instant leave petition are that one Md. Ranga Miah, brother of the vi...... in:9 ADC (2012) 797. ......ination of the prosecution witnesses, the accused perÂsons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 8. The defence case as it transpires from the trend of cross-examinatio..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....owed the appeal restraining the defendants from disturbing with the plaintiffs peaceful possession in the suit land. This decision has resulted in this revision on the ground of erroneous decision in facts and on law occasioning failure of justice. 6. Mr. Shah Md. Khasruzumman, the learned Advoca......Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment Octo...... that on 4.7.2000 after disposal of the original suit RAJUK evicted the plaintiffs and other unauthorized occupants and took possession of the suit land. 4. The trial court on consideration of the evidence on record dismissed the suit with the observation that the document of delivery of possessi..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....that a judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow from it. Every Judgment must be read applicable to particular facts proved or assumed to be proved. Generality of expression which may be found there are not inte......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ......e No.66 of1984 had not been served directly. In rendering said decision learned Appellate Judge took into account Exhibit-Ka i.e. return of service of summons upon plaintiff-opposite party and, also, evidence of D.W.3, Process Server. ii. Plaintiff-opposite party at the relevant time had been out..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner took agricultural loans for disÂtribution to its......iginal Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nawabgonj Central Co-operative Bank Ltd.……………………………Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment April 29, 2007. Result: ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... an effective guide to good decision making, and they have not the time to philosophies, then philosophers would long ago have harnessed as judges. The reality is that applying principles or rules to facts is extra ordinarily difficult, and, apart from plea of guilt there is no open and shut case.â€...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......uch elements of their personality, and anything more, would generally have constituted unexplored territory..............Once it is appreciated that final courts in particular, are obliged to analyse evidence and legal questions and solve disputes, in part by reference to considerations of legal pri..Category: Constitutional Law | Date: | Hits: 413
....e Court).
Writ Petition Nos. 8844-8845 of 2011.
Judgment
Md. Ruhul Quddus J. -These two writ petitions have been heard simultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to......
Ed.
This Case is also Reported in:
......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....le Appeal No.127 of 1985 reversing the Judgment and decree dated 8-8-85 and 17‑8‑85 respectively passed by the Munsif (Assistant Judge) Sadar, Comilla in Title Suit No.43 of 1983. 2. The short facts necessary for the disposal of this Rule are, that the plaintiff‑opposite party, Chandan Kuma...... restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
.... of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) bri......5 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......After close of 7, out of 8 charge-sheet named prosecution witnesses, the trial Court examined the accuseds under section 342 of the Code. Thereafter the Tribunal framed necessary issues, assessed the evidences adduced on behalf of the prosecution and by its Judgment and order dated 30.04.2008 acquit..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....y the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No.1 is a company engaged in jut...... is also Reported in: 14 MLR (HCD) (2009) 434. ......chnical ground discharged the Rule that whether letter dated 25.2.1995 has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....rected against the judgment and decree dated 29.8.1980 (decree signed on 4.9.1980) passed by the then Subordinate Judge, 2nd Court, Barisal in Title Suit No. 23 of 1978 dismissing the suit. 2. The facts of the case, in-short, are that the present appellants as plaintiffs instituted a suit being T......Case is also Reported in: 30 BLD (HCD) (2010) 628. ......onstitute a ground of limitation, when the title is threatened or evasion only then the cause of action would arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title. A re..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....ecovered from her bathroom by the raiding party which was proved and supported by the prosecution witnesses and thus the appeal must fail. 8. I have perused the evidence on record, scrutinized the facts and circumstances of the case and heard the learned Advocate appearing on behalf of the appell......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesse......s are entitled to get acquittal. Even if there are elements of truth in the prosecution case that itself is not sufficient for conviction without being proved by the prosecution by legal and reliable evidence and the prosecution must prove the guilt of the accused persons beyond reasonable doubt......Category: Criminal Law | Date: | Hits: 95
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....ion of holding local investigation relaying the property is a must. It is very much needed in a suit for permanent injunction because injunction cannot be granted in a unspecified land. 18. In the facts and circumstances of the present case, we find necessity for local investigation for specifyin......nt: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J Md. Sazzad Hossain…………………………………………………………….Petitioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 2006. ...... local investigation necessary and proper for the purpose of elucidating any matter in dispute and an order of local investigation should not be passed where the court can decide the matter by taking evidence. 12. The plaintiff has filed this suit for a decree of permanent injunction restraining ..Category: Property Law | Date: | Hits: 84
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