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Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....the proceedings in Metropolitan Sessions Case No.2439 of 2006 arising out of CR Case No.672 of 2006 (North) under section 138 of the Negotiable Instruments Act, should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that, the complainant is an organization register......s Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the ca......roceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclo..Category: Criminal Law | Date: | Hits: 70
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu......d 19(f) of the Arms Act and sentenced him there under and as such the question of commutation of the sentences awarded against the convict-petitioner does not arise at all. 7.We have gone through the evidence and materials on record. The prosecution, with a view to bring home the charges to the conv..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....is case. In fact, there appears no defÂinite defence case on the part of the defence save and except the plea of innocence. 5. The learned Judge on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced the accused as aforesaid and made the re......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a...... the victim or informant is not any precondition of dacoity rather an attempt in committing dacoity is also dacoity………………………..(31) Medical eviÂdence is a piece of corroborative evidence along with other evidence. If the prosecution case is proved by the ocular witness of the o..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....nemy property. But defendant No.4 in connivance with the employees of the vested cell includes ‘ga’ schedule land in VP Case No. 31/79-80 as enemy property. Plaintiff did not know about all these facts as he was not in Bangladesh. While he came in Bangladesh from abroad, he was advised, by the r...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea......yed for? 14. Is the land of sister suit vague, indefinite and unspecified? 15. Is the plaintiff of the mother suit entitled to get relief as prayed for? Learned Judge on consideration of the evidences both oral and documentary decreed the suit. 8. Mr. AJ Mohammad Ali, learned Advocate, a..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipu......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....mation report as per statement of informant P.W.1 Golam Mostafa and started PS case filling up Form of first information report. P.W.10 Part investigation officer Zulfiker Ali stated and proved above facts as to recording of the first information report as per statement of informant on 15‑4‑1992......his Case is also Reported in: 55 DLR (HCD) (2003) 699. ......prosecution and defence. P.Ws.1, 3 to 5, 8 to 10 were cross-examined by the defence. First information report Map with Index and seizure list were marked Exhibits 1 to 4. After closure of prosecution evidence both the accused were examined under section 342 CrPC and their statements were recorded. D..Category: Criminal Law | Date: | Hits: 93
..... Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment.
2. The petitioners are internationally, reputed...... 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
..... Md. Zakir Hussain, Shahnaz Amir and Shahanaz Alam can be added as opposite parties in Civil Revision Case in hand.
2. The verdict proposed to be bestowed does not demand a detailed disclosure of facts except those which can shed light in resolving the war of words which are:
A. Predecessors ......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....bunal Case No.1462 of 2004 arising out of Mirpur Police Station Case No.61 dated 18.9.2004 under section 19A of the Arms Act rejecting the prayer for bail of the accused appellant. 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur alo...... 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could ......supplementary affidavit, he submits that several adjournments are being granted mechanically by the Tribunal since inception of the case and the learned Tribunal Judge has not yet been able to record evidence of a single prosecution witness. At last the case has been fixed for examination of witness..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....he proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule was issued in this revision and further proceeding of C.R. Case No.40 of 2004 instituted on the said complaint was stayed. 3. The facts relevant for disposal of the present Rule are as under: The root cause of the aforesaid ord......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: ......gations that the petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule was issued in this r..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....ssion and the defendants were possessing the land adversely against the plaintiff and the genealogy given by the plaintiff in the plaint is not proper and the plaintiffs have intentionally suppressed facts and have not allotted any share which Ziaullah was entitled as residuary and thus the suit of ......urt High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposi...... specific land of the estate and assert a hostile title and adverse possession . . . The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the findings of the trial Court, the narration of th..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....lay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to......ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp......eque money and that in spite of receiving the money; the complainant did not return the bounced cheques. These are disputed facts which may at best be looked into at the time of trial on the basis of evidence. 8 The main question involved here is to see whether there was any justification to pass..Category: Procedural Law | Date: | Hits: 128
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......nal Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is disch...... Rule at the instance of the petitioners was issued calling upon the respondents to show cause as to why the impugned order of retirement dated 18-3-2007 giving retrospective effect from 12-3-2007 as evidenced in Annexure-F to the petition and the impugned office order dated 19-3-2007 (Annexure- G) ..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....y passed the impugned judgment after assigning cogent reasons. He next submits that the learned appellate Court is perfectly justified in reversing the judgment of the trial Court and the findings of facts arrived at by the Court of appeal below, which is the final Court of fact having based on evid......ed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......rrived at a wrong decision and the judgment and decree passed by it ate neither proper nor in accordance with law. He next submits that the trial Court upon proper consideration and discussion of the evidence of the witnesses, documents and exhibits, took a right decision finding that the plaintiffs..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....ands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged......lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on ......n Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case..Category: Criminal Law | Date: | Hits: 74
....ssued in each of the other three writ petitions in respect of the lawful authority of the issuance of the respective, eviction notice being Annexure-J by the same authority mentioned above.
4. The facts of the case relevant for disposal of the Rule, in brief, are that the petitioners in all the f......so Reported in: 61 DLR (HCD) (2009) 28.
......plied with to acquire the land in question in LA Case No. 5/72-73. Their Lordships also observed that even the recitals of the gazette notification (Annexure-C and D to that writ petition) also carry evidence of compliance of the mandatory provisions of law referred to above. Keeping in view the not..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....” Amicus Curiae. Writ Petition Nos. 9124-9126, 9336, 9459, 9320, 9428, 9637 and 9729 of 2008. Judgment Farah Mahbub J. - Since common question of law and facts are involved in all these Writ Petitions they have been heard together and are being disposed ......s Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
....dgment
Syed Mahmud Hossain J.- Writ Petition Nos.1669 of 2009 and 2386 of 2009 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts.
2. In Writ Petition No.1669 of 2009 the Rule Nisi was issued under the following terms:
......n: 30 BLD (HCD) (2010) 341.
...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....ration case must be held to be illegal and without jurisdiction and consequently of no legal consequence. Mr. Bhuiyan submits that section 9 of the Arbitration Act has no manner of application in the facts and circumstances of the case in terms of Clause 67 of the agreement. Mr. Bhuiyan argues that ......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with...... 25‑11‑93 the defendants, although duly notified, did not appear before the arbitrator Mr. Justice Abdur Rahman Chowdhury, as a result of which the case was taken up for ex parte disposal and the evidence of P.W.1 Mr. MR Sikder was recorded and documents were marked exhibits (Exhibits 1‑38). T..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
.... learned Deputy Attorney-General who also finds it difficult to support the charges framed under section 19(a) and (f) of the Arms Act by this Tribunal for want of jurisdiction. 4. Considering the facts and the submission of the learned Advocate as well as the provisions of law it appears ex faci......man J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Jana Nirapatta (Bishesh Bidhan) Ain, 2000 and that in the instant case charges have been framed by the Tribunal under section 10 of the Jana N......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ..Category: Criminal Law | Date: | Hits: 79
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