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Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......king cognizance has no significance for counting the period of limitation. The period of limitation is to be counted from the date of receipt of the case by the trial Court concerned. So far as the question of split up charge sheet is concerned, it may be stated that we have already quoted the ord......ing DAB G.R. Case Nos. 44(A), 44(B), 44(C), 44(D) and 44(E) of 1983 arising out of DAB G.R. Case No.44/83 pending in the Court of Mr. M.A. Salam, Additional District Magistrate, Chittagong. 2. The facts of the case are that Khondaker Monirul Haque, Inspector DAB, Chittagong lodged an F.I.R. with ..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......death was due to disease. There is no ocular evidence that assaulting was the cause of the death of the deceased. Thus commission of an offence of culpable homicidal has not been proved. In that case question of proving complicity of the accused in such offence does not arise. Moreover the ocular ev......not arise. Moreover the ocular evidence as to assaulting by the appellants is also incredible. So the same are vulnerable to the credibility and very unsafe for reliance. 28. Having considered the facts and circumstances of the case and foregoing narrative we are led to the conclusion that the pr..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ive signatures in the seizure list. These witnesses are the eye-witnesses of the occurrence. There is no ground to disbelieve such eye-witnesses. 46. The learned advocate for the appellants raised question firstly, that all other local witnesses of the seizure list were not examined to prove reco......ossession; that without proper investigation of the case, the investigating officer submitted charge sheet against the accused persons. 9. On consideration of the evidence on record as well as the facts and circumstances of the case, the learned Special Tribunal No. 2, Khulna was pleased to convi..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ge took place between the prosecutrix and the petitioner. So there is no ingredient under section 493 of the Penal Code. So the proceedings are required to be quashed. Such grounds are the disputed question of facts and the same should be decided at trial and the plea of the petitioner is nothing ......fully married wife of the accused. To prove deception within the meaning of this section, it must be conclusively established that the accused either dishonestly or fraudulently concealed certain facts or made a false statement knowing it to be false. Where a man and woman went through certain c..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......nd for acquisition of possession of the remaining part of 2 1/2 kathas the defendant Nos.8-10 and are still fighting. 18. In this suit particularly in the Appeal arising out of the same, the question as to the genuineness or otherwise of the Bainapatra, has not been raised at all, therefo......onger disputed. 19. Turning to the point of law raised by the parties in this appeal, particularly Section 32 of the Contract Act which renders certain contracts un enforceable, on scrutiny of the facts we find that Nazar Ali entered into two contracts for sale of the suit land in favour of Jahan..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......and since the suit was not brought within one year from the date of knowledge it was barred under Article 14 of the Limitation Act. 7. It is the propriety of this decision which has been called in question in the present Rule. Mr. PC. Guha, learned Advocate appearing for the petitioners assailed ......ision on various grounds. It is first contended that the learned Additional District Judge has misdirected himself in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstances of the case. According to him, Article 14 has application to a suit for sett..Category: Property Law | Date: | Hits: 64
....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......nd considering any evidence of the witnesses to prove the factum of possession, and further observed that the Courts below had judged the case from a wrong angle placing unnecessary importance on the question of title.
The said case was between two individuals and at the time of alleged threateni......f the suit land claiming it to be a vested property, thus the cause of action for the suit.
3. The defendant-opposite parties contested the suit by filling a written statement denying the material facts of the plaint contending, inter alia, that the S.A. recorded tenants Kalipada Nath and Sudhir ..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......etitioner No.11 is the heir of late Ahmed Hossain, and petitioners No.12-13 are the heirs of late Md. Moazzam Hossain. 6. The respondent No.4 Md. Shahidul Islam is the DN holder of the property in question. The petitioners while in their village home in Keranigonj, in their absence the Court of......st Court of Settlement, Dhaka passed in Settlement Case No.362 of 1989 dismissing the case for non prosecution at the instance of respondent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Du..Category: Property Law | Date: | Hits: 66
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......e disputed that plaintiffs have a prima facie case for getting the declaration prayed for. We refrain from saying anything more at this stage lest this should prejudice any of the parties. The main question in this appeal is whether the plaintiffs will suffer irreparable loss if the injunction pra......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......pecial law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, the question of entertaining an application under Article 102 of the Constitution does not arise at al......ether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Court and, not under summary Writ Jurisdiction...........Category: Procedural Law | Date: | Hits: 114
....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
......ned Advocates at length and perused the materials on record. In order to appreciate the submissions of the learned Advocates of both the sides, it would be convenient for us to decide first as to the question of maintainability of the instant first miscellaneous appeal.
11. In order to resolve th...... Joint District Judge, 1st Court and Artha Rin Adalat, Feni in Execution Case No.3 of 1995 rejecting the application of the appellant under Order XXI Rule 90 of the Code of Civil Procedure.
2. The facts of the case in brief are that the respondent No.1 Bangladesh Shilpa Bank (BSB), Maijdi Branch,..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ...... concluded within 360 days from the date of receipt of the case but in this particular case more than 412 days have elapsed before the impugned order was passed. Having considered the facts and circumstances of the case and the relevant provisions of section 339C(4) of CrPC we find t..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....with Writ Petition Nos. 759 of 1993, and 760 of 1993 with Writ Petition Nos. 762 of 1993, 763 of 1993 and Writ Petition No.764 of 1993. Judgment Md. Mozammel Hoque J.- Since identical questions of facts as well as law are involved in these seven writ petitions, namely, Writ......rit Petition Nos. 759 of 1993, and 760 of 1993 with Writ Petition Nos. 762 of 1993, 763 of 1993 and Writ Petition No.764 of 1993. Judgment Md. Mozammel Hoque J.- Since identical questions of facts as well as law are involved in these seven writ petitions, namely, Writ Petition ......Nos. 759 of 1993, and 760 of 1993 with Writ Petition Nos. 762 of 1993, 763 of 1993 and Writ Petition No.764 of 1993. Judgment Md. Mozammel Hoque J.- Since identical questions of facts as well as law are involved in these seven writ petitions, namely, Writ Petition Nos.757/1993,..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ...... the share holders of the debtor company, the company itself was a debtor and a defendant in Artha Rin Suit No.310 of 2003 and a Judgment debtor in Artha Rin Execution Case No.574 of 2005. Hence, the question arises as to the validity of transfer of shares by the said three share holder directors in......র্মে বিবাদীগণের বিরুদ্ধে এক চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী দিতে।” 4. Alleging similar facts the plaintiffs have also filed a petition under Order XXXIX, rule 1 and 2 read with section 15..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......een settled by this Division in a good number of cases that prior show cause is not necessary before passing order for Civil prison and issuing warrant of arrest and therefore, he does not press this question in this writ petition. He next submits that from the materials on record it transpires that......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......dvanced by the learned Counsels we have gone through the writ petition, affidavit-in-opposition, and other materials on record and given our anxious consideration to their submissions. 11. Now the question calls for consideration whether the impugned order dated 24-8-2006 was passed in accordance......o.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-2005 respondent No.1 Al-Arafah Islami Bank Ltd., Moulvi ..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......des. 10. Admittedly the plaintiffs examined P.Ws.2-5 but they were not cross examined and on behalf of defendant No.22, no witness was examined, although he prayed for such examination. Now the question calls for our consideration whether the learned Joint District Judge committed any error of......ed Joint District Judge, Fourth Court, Dhaka, in Title Suit No.281 of 2004 should not be set aside and/pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 30-01-2002, opposite party Nos.1 and 2 as plaintiffs institut..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ...... such view about the personal nature of a licence I find support in the case of Chinman and others Vs. Ranj Thammal, AIR 1931 Madras 216, 3rd Para. This case arose from the facts that the property in question was transferred by the original owner who had earlier granted licence to another person nam...... Suit No.71 of 1992 instituted by the petitioner as plaintiffs for ejectment of licencees being the defendant-opposite parties from certain land. Earlier a Rule was issued on the matter. 3. The facts leading to the Rule are briefly stated below: Case of this plaintiff-petitioners is that a..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... suit lands could not be executed and registered infavour of Khanto Bibi yet she had been possessing the suit lands. It is also not disputed that Khanto Bibi was possessing the suit lands. 16. The question arose whether Khanto Bibi died leaving two daughters, the plaintiffs by her daughter, Insun......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......omplaint, as per provision of Rule 3 or Rule 4 of the ACC Rules, the alleged recovery was not made by the ACC upon laying any trap in the course of an investigation conducted by the ACC, as such, the question of taking sanction under Rule 16(1) does not arise in this case. He then submits that no se......d under sub-section (2) of section 32 or for taking cognizance by the learned trial Court as contemplated under subsection (1) of section 32 of the Ami Corruption Act (the Act). 10. In view of the facts and circumstances of the case stated, we are mainly called upon to consider (1) as to whether ..Category: Anti-Corruption Laws | Date: | Hits: 44
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