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Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ....../109 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule is that, the opposite party No. 2 as informant lodged an FIR stating, inter alia, that after returning from Saudi Arabia h..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208....... upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal No. 23/2000, acquitting the opposite party No.1 from the charge under section 6(5) of the Muslim Family Laws Ordinance 1961, shall not be..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant filed a petition of complaint on 304‑2000 against the accused petition..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......e witness is dead, or cannot be found, or is incapable of giving evidence. Under this section even the evidence in a counter-case cannot be considered in dealing with the case brought by the opposite party. There are cases that the evidence recorded in one criminal case cannot be treated as evidence..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......by a revolver or a pistol. Post mortem report is Exhibit 21. 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused party. On 18‑3‑1994 squabble took place over a damage caused by accused person..Category: Criminal Law | Date: | Hits: 54
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....azlul Karim, learned Counsel appearing for the petitioner contends that the provisions of Order 23 Rule 1(2) of the Code of Civil Procedure is mandatory and provides for recording reason as to formal defect of the suit. According to the learned Counsel there being no objective findings arrived at by......seeking declaration of title in the suit property. In the said suit, the petitioner filed an application on 24th February, 2010 under Order 1 rule 10(2) of the Code of Civil Procedure for addition of party. The plaintiffs filed two applications on 22nd April, 2010, for withdrawal of the suit with a ..Category: Procedural Law | Date: | Hits: 115
....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
......anner denying their admitted possession therein. After institution of the suit he filed an application for temporary injunction restraining the defendants from transferring the suit land to any third party in any manner till disposal of the suit. The defendants contested the prayer for injunction by..
Category: Property Law | Date: | Hits: 58
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....uld not be produced by him at the time when judgment or order or decree was passed, (b) mistake or error apparent on the face of the record and (c) for any other sufficient cause. 7. A judgment is defective on the face of it, if it does not effectively deal with and determine an important issue i...... other ground of discovery of new and important evidence, the rule that permits a fresh hearing or new trial to be granted on this account has, therefore, been fenced round with many limitations. The party must show that there was no remissness on its part in adducing all possible evidence at the he..Category: Property Law | Date: | Hits: 48
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......the attendance of the accused at the time of the trial and that the proper test to be applied for the solution of the question whether bail should be granted or not is whether it is probable that the party will appear to take his trial. 16. In G Narasimhula Vs. Public Prosecutor, 1978 CriLJ 502; ..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......2 only if it can be shown that the Tribunal has acted without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of..
Category: Property Law | Date: | Hits: 54
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......enal Code. In the said order, the learned Magistrate pointed out that in a proceeding under section 133 Cr.P.C. being Criminal Miscellaneous Case No.26 of 1983, petitioner and others, who were second party of the said proceedings were directed to remove obstructions from a river. The said order has ..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......amount earned is not taxable. The same question was earlier raised in the case of Ibne Sina Trust in Reference Application Nos. 4-7 of 1991 and a Division Bench of this Court in which one of us was a party decided that where the purpose is wholly charitable there is no scope for it to set apart its ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......operty by metes and bounds. Subsequently the said suit was transferred to the Court of the Subordinate Judge (Arbitration), Dhaka and the same was renumbered as Title Suit No.189 of 1992. Opposite party Nos. 1-5 thereafter filed a suit in the Court of the Assistant Judge, Savar against the presen..Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ives special statutory protection against disclosure of facts relating to a customer. Section 5 of the said Act provides that no officer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any banker’s book or to appear as witness to prove the matters, tran..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
.... suit is maintainable in its present form? (2) Whether the suit is hit by section 42 of the Specific Relief Act? (3) Whether the suit is barred by limitation? (4) Whether the Suit is bad for defect of parties? (5) Whether the plaintiff is the sixteen annas owner of the suit property? ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the State Acquisition and Ten..Category: Property Law | Date: | Hits: 56
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......under section 493 of the Penal Code and sentencing him thereunder to suffer RI for two years and to pay a fine of Taka 500.00, in default, to suffer RI for a further period of 15 days. 2. Opposite party No.1 Asia Begum lodged a petition of complaint in the Court of the Upazila Magistrate, Faridga..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......swer charges under sections 447/325/354/34 of the Penal Code to which they pleaded not guilty and contended, inter alia, that the present case is just a counter blast of the case filed by the accused party against the accused informant and his party men. The contention of the defendants is that info..Category: Criminal Law | Date: | Hits: 68
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233....... Evidence Act is referred and made applicable. Section 5 of Bankers Books Evidence Act provides in the following: “5. No Officer of a bank shall in any legal proceedings to which the bank is not party be compellable to produce any banker’s book the contents of which can be proved under this A..Category: Anti-Corruption Laws | Date: | Hits: 153
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......ilesh Dutta, Advocate — For the Petitioner. Not Represented— the Respondents. Civil Revision Case No. 896 of 1991. Judgment M A Aziz J. -This Rule was issued calling upon the opposite party Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the Additional Assistant J..Category: Property Law | Date: | Hits: 98
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