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National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....cree dated 14-4-1991 (decree signed on 4-5-1991) passed by the learned Subordinate Judge and Artha Rin Adalat No.3, Dhaka, in Title Suit No.177 of 1999 dismissing the suit of the plaintiff. 2. The facts of the case, in brief, are that the National Bank Ltd., Dilkusha Branch, Dhaka as the plaintif......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu......y 3 days time for releasing the goods with full payment. He finally denied the suggestion that the Garlic pledged in the godown are rotten or spoiled. 10. The learned Judge in consideration of the evidence on record dismissed the suit of the plaintiff as well as dismissed the counter claim of the..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......w of contract is applicable to such a document……………………………….(29, 30 & 31) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 If there is misreading of evidence and non consideration of some material evidence then it is incumÂbent on the revisional Co..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....intiff and on 21-02-2004 the defendant drove her out from his house and hence the suit. 4. In the family court below both the parÂties adduced evidence and the trail Court havÂing considered the facts, circumstances and evidence adduced by the parties decreed the suit on contest against the def...... Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving mar......act between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....the plain and literal meaning of the preamble and the provisions of sections 4, 6 (1) and 7(1) and (2) of the Ain, the Executive Magistrate did not take the proceedings against the petitioner. In the facts and circumstances of the case, it transpires that the entire exercise was void and without jur......€¦â€¦â€¦â€¦.Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it......Report or the ComÂplaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and in such cases, no question of weighing and appreciating evidence arises; and (e) The allegations made against the accused-person do constitute an offence..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
.... suit, should not be set aside and or pass such other order suit, should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-responÂdent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ...... Appeal No.167 of 1990 and the suit was sent back on remand to the trial Court for retrial. 9. Thereafter the suit was again heard by the learned Judge of the trial Court who after considering the evidences on record, by the judgment and decree dated 14.09.1985 decreed the suit. On appeal, the le..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....witnesses are the most vital, material and pertinent witnesses. All the witnesses who supported the prosecution case are the members of police patrol party who are highly interested witnesses. In the facts and circumstances of the instant case non-examination of two charge-sheeted seizure-list witne......eported in: 15 MLR (HCD) (2010) 311. ...... Special Tribunal No.9, Dhaka and were charged under section 19(f) of the Arms Act to which they pleaded not guilty and claimed to be tried. 5. The learned Special Tribunal on consideration of the evidence on record found the accused-appellants guilty under section 19(f) of the Arms Act and sente..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... to the interest of Ismail Chairman as such it cannot be said to be true voluntary and inculpatory and conviction relaying upon such confessional statement is not sustainable, either in law or on the facts of the given case. He also submits that out of 10 witnesses, 3 are official witnesses and out ...... (2010) 138. ...... of death is known, under Section 174 Cr.P.C., inquest report is sufficient Statement made by witnesses to police during examination in preparing inquest report under Section 174 is not a substantive evidence. Accused is entitled to get a copy of the report excluding the statements made therein. If ..Category: Criminal Law | Date: | Hits: 89
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....02 as renumbered as Artha Rin Suit No.1 of 2004 (Annexure-G to the Writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, in short, are that the decree-holder Janata Bank instituted Mortaga......l Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Md. Joinaul Abedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....ssion of the suit land infavour of the plaintiffs as they paid government rent for the suit land vide exhibit 4, the rent receipt. But the learned Judge of the appellate Court without considering the facts and circumstances of the case reversed the judgment and decree passed by the trial Court and s...... Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......€¦â€¦â€¦â€¦Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delive..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....it is the legal duty of the Judge to play an active role in the proÂceeding in finding out the truth in order to administer justice assessing the evidence on record and on proper appreciation of the facts and circumstances of the case. ………………………….(66) In a criminal case the p......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a cour..Category: Criminal Law | Date: | Hits: 84
....ordinate Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the busi......also Reported in: 7 LG (HCD) (2010) 176.
...... report as opposed to the shore tank survey report and after giving 1% ocean allowance there remains no shortage whatsoever. Having considered the plaint, written statement, both oral and documentary evidence adduced by the parties it appears that a quantity of 5.754 metric tons tallow was found sho..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....Sarder is on bail for little over two years and he is expected to have recovered in the meantime if he had undergone treatment by a specialist for which he was released on bail. 8. Considering the facts and circumstances of the case and the reasons stated above we are of the view that bail grante......s discretion to enlarge a convict has not been clearly stated under the provisions of sub‑section (1) section 426 but that discretion is to be exercised in consonance with the practice of the Court and well settled judicial pronouncements and norms. Before liberation when there was no heavy pressu......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... out of fear of the accused or of their men or on being gained over or for various other reasons and depose falsely in favor of accused to save the offender from legal of punishment. Depending on the facts and circumstances each case, a judge certainly may disbelieve a witness of search and seizure ......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law.........charges under section 19A as well as 19(f) of the Arms Act to cover both arms and ammunition................(33) The Evidence Act, 1872 (Act No. 1 of 1872); section 3 There is no reason why the evidence of police personnel should be discarded simply because they belonged to the police force. T..Category: Criminal Law | Date: | Hits: 92
....ve Rule Nisi was obtained against a notice dated 23-10-05 (Annexure- C) issued under section 55 read with section 37 of the VAT Act, 1991 by one Assistant Commissioner for evasion of VAT.
2. Short facts for disposal of the Rule are that the petitioner is a private limited company and engaged in t...... Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....aintaining the writ petition. It has been submitted that the question of locus standi is not a question of jurisdiction but question of exercise of discretion by the Court on due consideration of the facts and circumstances of each case. Under the Constitution State executives are duty bound to act ......e is also Reported in:55 DLR (2003) 171.
......re that, the impugned approval for setting up of container terminals given by the government in favour of the respondent No. 8 communicated vide Memo No. MOS/8‑/Chi‑1/98Â96 dated 28‑4‑1998, (evidenced by Annexure J to the writ petition) has been challenged by the petitioners contending, amo..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....t that he received total yearly salary of taka 4,20,000 at a monthly salary of taka 35,000.00 and yearly bonus of taka 70,000.00 in the financial year July, 1995 to June, 1996. Dealing with the above facts may be not necessary for disposal of the issue(s) that are involved in this Rule but may be il......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....er in the course of argument has taken us through the writ petition, impugned order and the provision of section 37(1) of the Ain, 2003 and then submits that the Adalat under misconception of law and facts most illegally and mechanically passed the impugned order rejecting the application under sect......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di......esh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by the respondent No.1, Artha Rin Adalat, 1st Court, Chittagong in Artha Rin Execution Case No.208 of 2004 as evidenced by 'Annexure-B' to the writ petition should not be declared to have been passed without la..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
..... 6. Mr. Golam Kibria, the learned Deputy Attorney General appearing on behalf of the state submits that the case was proved beyond reasonable doubt. The trial Court after due consideration of the facts and circumstances and on appreciation of evidence was justified in convicting the appellants. ......eported in: 13 MLR (HCD) (2008) 410. ......laimed to be tried. 4. At the time of trial, the prosecution has presented as many as 5 witnesses in support of the prosecution case and the defence adduced none. The trial Court after closing the evidence and on considering the materials on record convicted the appellants along with two others b..Category: Criminal Law | Date: | Hits: 86
..... Md. Khalilur Rahman, the learned Advocate for the opposite party files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate......n
(Civil Revisional Jurisdiction)
Present:
Salma Masud Chowdhury J
Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners
Vs.
Md. Abdur Rahman and another………………â......he learned Advocate for the opposite party files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate Court affirmed the judg..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
.... at the instance of the defendants………………………………….(10) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Revisional power of the court The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manife......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,......re was no cause of action to file the suit by the plaintiff and the suit is liable to the dismissed. 4. During the course of trial the learned Assistant Judge, Court, Dhaka on consideration of the evidence on record and after perusing the paper, documents and exhibits dismissed the suit of the pl..Category: Civil Law | Date: | Hits: 94
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