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Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Ali Asgar Khan J Md. Shamsul Huda J Nazrul Islam……………………………Petitioner Vs. State and others......................... Opposite Parties Judgment May 9, 2002. Result: The...... it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner, who is the cousin of the detenu, has stated in the application that th......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..

Category: Criminal Law | Date: | Hits: 69

Chief Engineer, the Local Government and Engineering Department Vs. Md. Parvez Nawaz Khan and others, 2011, 40 CLC (AD)

....e on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562.......resent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Shere-E-Bangla Nagar, Dhaka………………….......s. Therefore, the submissions made by the learned Advocate for the leave petitioner fall through. The findings arrived at and the deci­sions made by the High Court Division having been made on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave ......e on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562...

Category: Employment/Service Law | Date: | Hits: 66

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....btained the present Rule. 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Code of Civil Procedure and the same......the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......dants the petitioner cannot be made to suffer for facing a new trial after the suit has been disposed of on merit. If the appellate Court finds that additional evidence is necessary for pronouncing a proper judgment or for any other substantial cause, it has ample power under Order 41 rule 27 of the......has to dispose of the appeal himself when evidence on record is sufficient for its disposal. The learned District Judge did not find any paucity of evidence in the case for the effectual and complete adjudication of the matters in issue involved in the appeal. Circumstances justifying an order of re..

Category: Property Law | Date: | Hits: 75

Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)

..... In the said state of the matter we find no substance in the submission of the learned Advocate. 12. The other contention of the learned Advocate is that investigation of the case having not been completed within the statutory period as provided in section 167(5) of the Code of Criminal Procedur......d at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..

Category: Criminal Law | Date: | Hits: 75

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......ce. 8. No one appears to oppose the Rule. 9. Mr. Halder has placed before me the impugned judgment of the learned Courts below. It appears that the learned Magistrate on detailed discussion and proper appreciation of the evidence on record found that the prosecution proved the guilt of the acc...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...

Category: Criminal Law | Date: | Hits: 73

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

.... the trial accused opposite parties were charged under the aforesaid provisions of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. Defence of the accused persons was of complete innocence. Further defence was that victim Tamizuddin was a man of loose character and he h...... 51 DLR (HCD) (1999) 268. ......would be masquerading in the society as gentlemen and crimes will go on proliferating making a sad commentary on the administration of criminal justice in the country for the failure of the police to properly record the First Information Report and investigate the case. 7. Learned Advocate appear......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..

Category: Criminal Law | Date: | Hits: 64

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

....accused under sections 19A and 19(f) of the Arms Act. Thereafter Special Tribunal framed charge against the accused appellant on 1-7-96 under the aforesaid section. 5. Defence of the accused is of complete innocence and that he has been falsely implicated in the case at the instance of his local ...... Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 ...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......9) 242.......unt. The petitioner is to adjust the amount which has been paid during the pendency of the case. If the OP fails to repay the petitioner will be at liberty to realise the entire amount by putting the property (schedule) in auction.” 2. The said order was upheld by this court in FMA No.169 of 19......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...

Category: Criminal Law | Date: | Hits: 73

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

....e. In support of his submission he cited the case of Shafiquilah @ Kala Mia Vs. State, reported in 1985 BLD (HC) 129 wherein it is stated: "the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was...... 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others...... his behalf and the court accepted his offer. He took us through the FIR and other materials including evidence on record and also the judgment of the learned Sessions Judge and submitted that upon a proper scrutiny of the evidence which had transpired in the case, it ought to be held that there was......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...

Category: Property Law | Date: | Hits: 69

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......In spite of that Zila Parishad started construction at Gilabari. It further appears that this Zila parishad took sanction from another ministry of the government and started construction which is not proper in view of the fact that Ministry of Local Government and Rural Development and Co‑operativ......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Akhtar Hossain………………………Petitioner Vs. Government of Bangladesh and others………………………Respondents Judgment December 9, 1991. Result: The ......hat this distribution of population in the said Gazette Notification dated 20.6.91 is in violation of rule 2(b) of the Declaration & Alteration of Limits of Union Rules, 1983 because there was no proper distribution of population. The petitioner has stated that as per rule 2(1)(b) of the aforesa......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..

Category: Election Law | Date: | Hits: 137

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....menable to interference by any court or authority, the aim of the Adalat Act was to create departures from the Code of Civil Procedure. Section 7, it may be said, was meant to be an exception to this complete ouster of interference. An exception has been made in respect of a judgment and decree in s......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......er passed by the Artha Rin Adalat, we are inclined to act under section 151 of the CPC Code and make that Rule absolute with a direction to the Adalat to return the plaint for presentation before the proper court. In the case of Islami Bank Bangladesh Limited Vs. Al-haj Md. Shafiuddin Howlader and a...... and another reported in 2000 BLD (AD) 162=52 DLR (AD) 176 it has been held that Artha Rin Adalat has been set up under the Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim of loan by the financial institutions which include banks. No special procedur..

Category: Administrative Law | Date: | Hits: 200

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

.... than to accept the allotment dated 10‑4‑1974 as a lease with all its incidents and that the plaintiff had has a legal right to continue with his possession therein and then get necessary deed to complete the lease. The observations made by the Appellate Division on which Mr. Haque relied are as......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......chalan at the old rate was passed. And the plaintiff was awaiting for the order after due process of the file. The lease order was passed by defendant No. 1 through a section officer of the abandoned property as the suit land was declared abandoned. The government suddenly served a letter dated 25......which is to the effect: “…….In any event government must spell out its case in a properly filed written statement. Any further observation is not possible on the materials on record. No full adjudication is possible unless both sides put in their pleadings and lead evidence". 17. Relying..

Category: Property Law | Date: | Hits: 122

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

....nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J M/S. Rupanti Enterprise…………..............Petitioner (In both the cases) Vs. Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 23, 2011. Result:......nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......00% physical examination, found some anomalies and seized the imported goods and started an Atok Case being No.SAG-03/2010 and the C & I1 Agent of the petitioner made an application for sum­mary adjudication. After holding inventory into the imported "goods the customs authority passed an adjud..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....of the plaintiff. Their case is that the plaintiff was given earth works of sec­tion 9, Division-1 of the National Housing Authority in respect of 7 Groups on 18th January, 1998. Plaintiff could not complete the works within the stipulated time and despite that it had withdrawn Tk.18,58,62,719/- ag......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: ......observed that the suit is not maintainable, that the plaintiff had already received the running bills for the works done and that the plaintiff would be entitled to the money for the works done after proper measurement in accordance with tender documents. On appeal from the said judgment the High Co......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and others Vs. State, 29 DLR 122. Lawyers Involved: Md. Azizul Haque, Advocate ‑ For Appella......f holding trial before the Drug Court trial was held before the Special Tribunal and as a wrong forum has been chosen for the prosecution of the appellants, I am inclined to send back the case to the proper Court for fresh trial and I hold that the cognizance taken by the Special Tribunal in this ca......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..

Category: Criminal Law | Date: | Hits: 60

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm...... of gratification must be corroborated by other witnesses and on that principle of law the learned Advocate submits that when in the present case demand of gratification has not been substantiated by proper corroborative evidence the conviction cannot be sustained. But it has been held by a Division......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....nconsistent and unusual. The answer script of Science paper II was big one and the petitioner was asked to write the same by seeing his alleged answer script by the inquiry committee but he could not complete even 3/2 of the same within 3 hours. It appeared that the handwritings were different and t......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badruzzaman J Kazi Shafiul Nasher…………………Petitioner Vs. Secondary and Higher Secondary Education Board, Jessore and others………………Respondents Judgment ......d Inquiry Committee held enquiry, examined witnesses and also examined relevant papers and submitted a report after visiting the examination centre opining that the petitioner sat for the examination properly and nothing was found against the petitioner. The disciplinary committee of the said Board ......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......structed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgme......panies. The defendant No.4 Company obtained loan from the defendant No.1 Bank and the defendant No.5 as the Managing Director of the defendant No.4 Company and guarantor of the loan had mortgaged his property with the defendant No.1 Bank as collateral security. The defendant No.4 failed to repay the......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..

Category: Civil Law | Date: | Hits: 93

Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)

....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......nt: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Kazi Kamrul and others …………………….......Petitioners Vs. The State ……………………......ing the said confessions against the accused-respondents in finding them guilty of the charges. 5. We have perused the materials on record and heard me learned counsel, me High Court Division on a proper assess­ment of the evidence on record has arrived at a conclusion that "the trawler in ques......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..

Category: Criminal Law | Date: | Hits: 64