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Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....the fact that accused proposed to marry her and she accepted the proposal and to start co-habitation then and there as has been represented in the prosecution case. Thus we find that according to the facts and evidence of the prosecution case, the complaiÂnant did not herself believe nor had she an......: Jamiruddin Sircar - For the State. Md. Nowab Ali - For the State. Criminal Appeal No.339 of 1982. Judgment Amin-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 30-11-82 passed by Mr. Golam Rasul, AssisÂtant Sessions Judge, Kishoreganj convicti......mined by the prosecution while defence produced four witnesses of whom the learned Assistant Sessions Judge examined only one D.W. and refused to examine the other 3 D.Ws. 4. After considering the evidence, the learned Assistant Sessions Judge held that thecharge was proved and accordingly he pas..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....of the Constitution which wasregistered as Writ Petition No.1048 of 2011, which alsogenerated a Rule Similar to the one Writ Petition No.7236/2010 engendered. Their averments, on primordial counts andfacts, are identical to those laid down by the petitioners in theearlier Writ Petition and hence we ...... This Case is also Reported in: ...... did not know what were the charges that they were implicated with, because they were neither supplied any paper nor were the charges read over to them. They did not have the slightest idea as to the evidence that were to be adduced against them. 33. All the accused, including the petitioner No.1..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....rayan Thakur Bigraha" were consecrated in the temple. In that case the question was whether the nomination of the plaintiff as sebait of the Deity by the deceased sebait Keshab Das, was legal. In the facts of the given case, it was decided that the temple is a private debtor property and not a publi...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....ealization of installments in two years. Elaborating his submission, the learned Counsel further contends that though the provision of awarding interest under law is a discretionary one but under the facts and circumstances of the present case the learned Court should have awarded the interest as pr......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res......ed by the plaintiff-appellant. 6. Mr. SA Rahim appearing with Mr. Syed Abdus Salam, the learned Counsel appearing on behalf of the appellant, after taking us through the plaint, written statement, evidence of DW and different exhibits from the record, contends that the learned Subordinate Judge c..Category: Civil Law | Date: | Hits: 95
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....etition, impugned order and other relevant Annexures appended to the petiÂtion. 8. The only question that falls for consideraÂtion before this Division in this Writ petition is whether under the facts and circumstances of the case the VAT authority was justified in initiating a proceeding under......e is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....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 the particular facts proved or assumed to be proved. Generality of expression that may be found cannot be intended ......: 15 BLT (HCD) (2007) 279. ......nistration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyond shadow of doubt on the basis of clear, cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise. Right of accused to obtain b..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... two brothers have purchased the 0.30 acres of land out of C.S. Plot No.171 and 303 through the registered sub-kabala No.766, dated 2.2.1937 is a baseless finding which cannot be maintained under the facts and circumstances of the case. 12. The learned Advocate Mr. Mozammel Hoque Bhuiyan, finanly......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District......a and also filed the original copy of the registered sub-kabala being No.600, dated 17.1.1940 which has been marked as Exhibit-Kha. 6. The learned Assistant Judge upon framing issue considered the evidence on record and the Exhibited documents and decreed the suit in part on contest in Preliminar..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further asserted that respondent No.6 filed......lso Reported in: 17 BLC (HCD) (2012) 511. ......f law in view of any legal complicacy can invoke the review jurisdiction of the Full Board. But in the present case, the Full Board granted review without discovery of any new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge, or could not be p..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....t Court, Dhaka directing defendant Nos.8 and 9 to maintain status-quo in respect of payment under letter of credit as described in Schedule -'B' of plaint in Title Suit No.399 of 2004. 2. Material facts are that on 21-11-2004 plaintiff instituted Title Suit No.399 of 2004 in the first Court of Jo......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ......n such view of the facts the plaintiff sought to stop payment of the concerned import bills, until his clearance. 11. The allegations as made by the plaintiff are absolutely the subject matter of evidence. 12. In an ordinary commercial credit transaction normally there are four parties. The p..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....torney-General for the state on the other hand submits that the accused petitioner intentionally caused such bodily injury with the knowledge that such injury will cause death of the victim; that the facts do not real that there was free fight between the parties; that the causing hurt is not a sudd......e Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge mus......e it is established that an act was a obliterate act and was not the result of accident or rashness or negligence, it is obvious that the offence would be culpable homicide. 16. Without taking any evidence, it is not possible to ascertain whether the act of the accused petitioner was intentional ..Category: Criminal Law | Date: | Hits: 66
....118 of 1998 reversing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Cla......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ......ined the present Rule.
7. Mr. Abul Quasem, the learned Advocate appearing for the plaintiff-petitioners in the course of argument after placing the judgments of two Courts below and other material evidences including the exhibits submits that the plaintiff-petitioners having been succeeded to pro..
Category: Property Law | Date: | Hits: 66
....in Adalat No.2, Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respondent No.3 Agrani Bank a......BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....the opposite parties to show cause as to why the proceeding of CR Case No.249 of 1997 now pending in the court of Magistrate First Class, cognizance Court No.2, Pabna should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that the complainant is a Manager of Agrani Bank...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res...... alleged that the accused petitioner committed offence violating the terms and clauses (IV) and (V) of the letter of disclaimer. The offence as alleged to have committed is subject to prove by taking evidence. Since there is prima facie offence against the accused petitioner, the proceeding started ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
.... Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in short are that the defendant-appellant (hereinafter called 'the appellant') filed Arthorin ......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....not possible to record a finding as to a disputed question of fact. The High Court should not enter into disputed question of fact nor decide any question as to title which require investigation into facts and taking of elaborate evidence.………………..(12) Conduct of writ petitioner In ......e is also Reported in: 61 DLR (HCD) (2009) 693. ......ged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disputed question of fact cannot be gone into in writ jurisdiction because it needs evidence as well as a local inspection. In the proceeding under Article 102, it is not desirable, mo..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....or Assistant Judge, Borguna Sadar, Borguna in Title Suit No.115 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 11...... (2009) 764. ......he petitioners, placed the revisional application, the impugned judgments and decrees, and the depositions of the P.W.s and DWs on record and submitted that the learned trial Court on considering the evidence and materials on record having found that the plaintiff could not prove his case and having..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....her the suit which was dismissed for default for non‑appearance of the plaintiff can be restored under section 151 CPC instead of filing a Misc. Case under Order 9 rule 9 CPC. 4. Since all other facts are admitted, I am not inclined to reiterate them to lengthen this Judgment of summary procedu......e is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Refer...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... No.3, Block-D, Section-6, Mirpur Housing Estate, Police Station Mirpur, Dhaka and also in the form of implementing the order passed by this Court in Writ Petition No.303 of 1979 on 2-2-81. 2. The facts giving rise to this writ petition are, that one Mohammad Moinuddin happened to have taken leas......Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respo......ns run as follows: “(5) A Court of Settlement shall, after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Case No.33/89 on 6-9-91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the First Information Report and gathered from the evidence are as follows: ......¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. State…………………Respondent Judgment January 31, 1996. Result: The Reference is rejected. The appeal being Criminal Appeal No.1064 of 1992 and Jail Appeal being Jail Appeal No.823 of 1993 are allowed. The Penal Code, 1860 (XLV of 1860)...... Sessions Case No.33/89 on 6-9-91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the First Information Report and gathered from the evidence are as follows: 3. On 10-12-88 at about 7/7-30 PM while the informant Shafiqul Islam was..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....se as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the petition, in short, are that the present opposite party No.1 Shahar Banoo Zi......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rul......r section 471, Section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..Category: Procedural Law | Date: | Hits: 71
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