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Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....trate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the Code, briefly are that, one Nurul Azim......lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper......ot take advantage of cheir own conduct, which is apparently fraudulent. Besides, mere delay in a case like the one before us is not fatal, because the allegations made are based mainly on documentary evidence, where the chance of concoction or false embellishment is nil or the least. Hence, we don't..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
.... A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no leg...... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse......minal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Crimina..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
.... to give effect of transfer endorsing on licence No. 7-Shrimp/2000 issued under No. 34 dated 23-1-2000 and No. 8/Shrimp-2000 issued under No. 35 dated 23-1-2000 in favour of the petitioner. 2. The facts leading to the issuance of the Rule, in brief, are: MHK Enterprise Ltd of 14 BFDC Industrial E...... Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule ...... power exercised by the Director of Marine Fisheries cannot be exercised by the Minister of Livestock. He also submits that earlier similar transfer was made by the Director under Marine Ordinance as evidenced by Annexure-'A' to the Writ Petition. 6. Mr. Razik-al-Jalil, learned Deputy Attorney Ge..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....strict Judge, Dhaka wherein the predecessor in interest of the petitioners are different. The defenÂdants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in pr......r at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... in interest of the petitioners are different. The defenÂdants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in prelimiÂnary form vide Judgment and decree d..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....The assessee-applicant being seriously aggrieved by the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without considÂering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting t......he appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the assessee are subject ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. The State………………………….Respondent Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecuti...... The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubtful. Discrepancies are of minor character, do not g..Category: Criminal Law | Date: | Hits: 79
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....blemooring P.S. Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121-A/109 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong. 2. The relevant facts for disposal of these rules, are that, a lengthy complaint was made by the complainant, Maxim ......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), issued by the respondent No.2, should not be declared to have been passed without lawful authority and of no legal effect. 2. Short facts leading to this Rule are that the Land Acquisition Officer, Rajshahi, resÂpondent No.3 in LA ......ourt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. Result:......puty Commissioner, as the case may be, makes a decision for acquisition of the property under sub-section (1) of the proviso to section 4(3) (b), as the case may be, such decision shall be conclusive evidence that the property is needed for a public purpose or in the public interest. Section 6. N..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....RAJUK) as the appellant following leave is directed against the judgment and order dated 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 discharging the Rule. 2. The facts, leading to this appeal, are precised below:— The respondents herein as the plaintiffs fi......enior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.39......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....- In this Rule Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of BanglaÂ......Bank & others……………………………Respondents Judgment September 16, 2007. Result: The Rule is made absolute in part. Cases Referred to- Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, 18 DLR 535; Sahara Khatun Vs. Abdul Gafur @ Abdul Gaffer, 55 DLR (AD) 79; Abd......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....le, in short, is that the opposite party No.2 Mr. Arshadul Shafi filed a C.R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.200...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J Haji Mohammad Salim Ullah……………………………………Petitioner Vs. The State and another………………………………………Opposite Parties Judgment January 27,......etitioner issued a cheque being No.3308670 for the amount of Taka 55,13,320/- and the accused petitioner assured him that the rest of the amount will be paid subsequently. It further appears from the evidence on record that thereafter the opposite party No.2 deposited the cheque on 08.08.2007 for en..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....mpugned judgment and decree complained of in the revisional application should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioner, as plaintiff, instituted Title Suit No.25 of 1......y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ......he appellate Court. 10. None appears to oppose the rule. 11. On perusal of the impugned judgments passed by the learned Courts below, it appears, the learned trial Court on consideration of the evidence and materials on record by his judgment and decree dated 25.05.1999 once decreed the suit d..Category: Civil Law | Date: | Hits: 114
....ed Senior Assistant Judge, Shingail, Manikganj in Title Suit No.118 of 1983 should not be aside and or pass such other or further order or orders as to this Court may seem fit and proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title ......own the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......ur Rahman, the learned Advocate appearing for the petitioners placed the revisional application and the impugned judgment and decree and submitted that the learned trial Court on consideration of the evidence and materials on record having decreed the suit the learned appellate Court committed error..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
.... instant civil revision challenging the said order and obtained the Rule with an interim order of stay. 6. Mr. M. Shamsul Haque, learned Advocate appearing for the petitioner submits that from the facts and circumstances of the case it could be reasonably presumed that the opposite party was inte......pposite party Major (Rtd.) Mahbub Akbar Bhuiyan, father of the minor directing the petitioner to produce her minor son before a doctor nominated by the Australian High Commission in Dhaka for checkup and rejecting another application filed by the petitioner for direction upon the opposite party to f......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....in-interest to opposite parties 1(ka)-(tha), 5(ka)-(kha) and opposite parties 3-4 and 6-8 being defendants 1-3, 5 and 12-15 contested the suit by filing a joint written statement denying the material facts of the plaint contending, inter alia, that the recorded tenant of Plot No.387, R.S Khatian No...... records. Ed. This Case is also Reported in: ......d prima facie title and exclusive possession over the suit land and whether they were entitled to get the relief as prayed for. 6. Both the parties examined their witnesses and adduced documentary evidence in favour of their respective cases. After conclusion of trial, learned Senior Assistant Ju..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....ule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola B......This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....g of ballot papers. The opposite party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Judgment and order dated 24-7-05 allowed the prayer for recou......or the Opposite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tr......oundation for recounting of ballot papers. The opposite party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Judgment and order dated 24-7-05 allow..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput......pting the view that learned Judge of High Court Division committed no illegality in refusing to interfere with finding of fact arrived at by lower appellate Court which was passed on consideration of evidence. Legal controversy was ultimately laid at rest by highest Court of the land i.e. Appellate ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....present application for setting aside the ex parte decree under Order IX rule 13 of the Code. 7. The plaintiff-petitioner contested the miscellaneous case by filing a written objection denying the facts stated therein and contending, inter alia, that the application was barred by limitation and t....... Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an applicat......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....the well designed plan to take over control of the plaintiff No.1 company both over its finance and management. It is the further case of the plaintiffs that as soon as they came to know of the above facts they protested by sending several letters including one on 18‑3‑95 addressed to defendant ......e is also Reported in: 50 DLR (HCD) (1998) 597.
......d also the law. It is further argued that as is customary with the company notice of the Board meeting was served upon plaintiffs 2 and 4 by hand. He submits that the service of notice is a matter of evidence which cannot be decided while disposing of the injunction petition. He also submits that th..
Category: Company Law | Date: | Hits: 127
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