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Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......ng the same to the competent court" on the view that the application was not maintainable as the central management of one of the two parties to the arbitration is being exercised from U.K. Being aggrieved by the said order of the learned District Judge the petitioner h......rticles 133 and 134 of the Articles of Association wherein the powers of the Directors have been articulated it appeared to us that the Board of Directors of the petitioner company is quite independent and in no way subservient and controlled by the Board of Directors of Reckitt Benck...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration…………………….(43) Extra-judici......mentioned in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from the facts and circumstances discovered after the confession was made………&he......l confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration…………………….(43) ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....n the previous night of occurrence Taka 400 was paid to the accused on demand. P.Ws. 3, 4, 5, 8, 10 and 11 testified that the accused did never demand money as dowry in their presence. So there is no corroboration of P.W.2 as to demanding dowry by the accused. Furthermore her such evidence is vague ......dowry of Taka 2000, over which he had altercation with the deceased. Thereafter the informant went out to work as a labourer. The deceased also went to the neighbouring house of Shahjahan Mia, wherefrom at about 11-00 AM the accused called and took her to the house of the informant and in the dwel......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......article 102(2) of the Constitution and obtained the above Rule on 07.01.08, when no process of any Court was ever issued against her and it would be wrong to say that the petitioner was 'fugitive from justice' at the time. In support, he cited Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (200...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......ad with section 109 of the Penal Code and also rule 15ঘ(5) of the Emergency Powers Rules, 2007, hereinafter referred to as the EP Rules, 2007 for acquisition of wealth disproportionate to his known sources of income and concealment of such wealth. 5. Definite case of the petitioner is that no..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....as to act upon, it is absolutely necessary for the interest of justice that at least his statement must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such fact......evious case of the accused. P.W.11 filled up the form of the first information report. P.W.12 was the investigation officer. The defence examined none. 6. The defence case, as it transpires from the trend of cross-examination, was that of innocence and false implication. It was divulged in......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
.... has to act upon, it is absolutely necessary for the interest of justice that at least his statement must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such fac......revious case of the accused. P.W.11 filled up the form of the first information report. P.W.12 was the investigation officer. The defence examined none. 6. The defence case as it transpires from the trend of cross examination were that of innocence and false implication. It was divulged......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ....... Ahsanul Karim, learned advocate for the petitioner took us through the writ petition and submitted that as the petitioner on 26.12.06 purchased the jeep after the specified period of three years from the date of importation of the vehicle on 13.03.03 the petitioner incurred no criminal liabili......st the petitioner was therefore serious misuse and abuse of the cognizance power of the Court. During emergency, what is happening today even after the sub-ordinate judiciary was made separate and independent of the executive could not be conceived of earlier. 11. For the reasons stated, c......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ...... by showing a decree. The bailiff of the Court having seen the valid title documents of the plaintiffs failed to execute the decree in Title Execution Case No.3 of 1980. However, after making inquiry from the bailiff of the Court the father of the plaintiffs Abdul Mazid came to know that the defen&s......simple suit for permanent injunction was not maintainable and the plaintiffs ought to have instituted a suit (sic) establishment of their title. The learned Judge of the High Court Division upon independently examining the facts of the case similarly case (sic) to the finding that a disput......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....rmant as well as the investigating Officer is naturally an interested witness. Where a police officer is the informant as well as the investigating officer, the evidence of such witness requires such corroboration. The instant case, there is no such learned trial Court committed illegality in convic......fault to suffer rigorous imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15 hours, they came to know that a girl has been abducted from Puratan Satkhira area; that the sister of the victim girl, Shikha Rani, was waiting at Puratan ......er person to whom the accused Niranjan went to realise the sale proceeds of ornaments. The evidence of such partisan and interested witness cannot be relied upon without any corroborating evidence of independent witnesses which also may not inspire the confidence in the mind of the Court. 80. In ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....rmant as well as the investigating Officer is naturally an interested witness. Where a police officer is the informant as well as the investigating officer, the evidence of such witness requires such corroboration. The instant case, there is no such learned trial Court committed illegality in convic......fault to suffer rigorous imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15 hours, they came to know that a girl has been abducted from Puratan Satkhira area; that the sister of the victim girl, Shikha Rani, was waiting at Puratan ......er person to whom the accused Niranjan went to realise the sale proceeds of ornaments. The evidence of such partisan and interested witness cannot be relied upon without any corroborating evidence of independent witnesses which also may not inspire the confidence in the mind of the Court. 80. In ......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......anner as stated in Serial No.4 of the schedule of the said Gazetted Officers (Urban Development Directorate) Recruitment Rules, 1974, runs thus: 4. Senior Planner.- By Promotion from amongst the Junior Planners, Senior Research Officers, Assistant Engineers, Economist, Geograph......f Bangladesh. He further submits that the petitioners are not holding any public office. 20. He further submits that for the purpose of determining the character of a public office it must be an independent, substantive statutory office and the persons who are holding the public office they m......l aspects of the systematic development of human settlements, including the use of land, protection of the environment, economic productivity and the future allocation of physical and social public resources. All planners are concerned with problems of the people, they are likely to know future leve..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....he article mentioned above………………………………..(21) It would be entirely unsafe to rely upon the confessional statement of a child, as defined in the Children Act, 1974, without corroboration of the fact that he made the confession voluntarily and knowing the consequence of wai......lthough the municipal law of Bangladesh does not provide for presence of any parent, guardian or custodian at the time of recording confessional statement, the children of Bangladesh are no different from the children of any other country and they ought to get the protection of the law so that they ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......uveniles in our country are no different from those in other parts of the world. In fact, our youths are at a greater disadvantage, inasmuch as they are deprived of the advanced media and information sources available in developed countries. In most cases they are uneducated. 19. In the facts o..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
..... In the facts and circumstances discussed above, we are of the view that it would be entirely unsafe to rely upon the confessional statement of a child, as defined in the Children Act, 1974, without corroboration of the fact that he made the confession voluntarily and knowing the consequence of wa....... Salahuddin Khan, Assistant Attorney General - For the State. Criminal Appeal No.4953 of 1991(Dhaka) (Criminal Appeal No. 259 of 1985) With Jail Appeal No.4954 of 1991 (Dhaka) (Renumbered from Jail Appeal No.12 of 1986) Judgment Md. Imman Ali J. - This appeal preferred by appellant......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......juveniles in our country are no different from those in other parts of the world. In fact our youths are at a greater disadvantage, inasmuch as they are deprived of the advanced media and information sources available in developed countries. In most cases they are uneducated. 19. In the facts of ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......urden of establishing the guilt of the accused is always on the prosecution and the burden never shifts. The prosecution is bound to prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner. Subject to the exception in section 105 of the ......her submits that prosecution hopelessly failed to prove the ingredients of sections 392/411 of the Penal Code against the appellant beyond any shadow of reasonable doubt by adducing disinterested, independent and eyewitnesses of the occurrence and, as such, the impugned judgment and order of c......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....d by courts with some suspicion. In certain jurisdiction, it is the rule that the solitary evidence of the prosecutrix being a woman of full age, is not accepted as sufficient evidence which requires corroboration by independent evidence in order to be believed. 47. In a case of rape, it requir......oung persons entered into the salish and broke up the salish forcibly and took the victim to the house of the accused and that thereafter the informant and his mother brought back the victim therefrom and then filed the case. 3. SI Mehedi Hassain took up the investigation, visited the pla......here is no sign of rape and of bite. Thus the prosecution has totally failed to prove the allegation of rape and bite by any documentary evidence. 32. It is the allegation of the defence that no independent and disinterested witness has been examined in support of the prosecution case and that ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka acquitting all the accused-opposite parties from the charge under sections 326/302/34 of the Penal Code in Sessions Case No.408 of 2001 arisi......pugned judgment and order passed by the learned Additional Sessions Judge need to be interfered. Learned Advocate further submits that the learned Judge failed to consider that prosecution through independent and disinterested witnesses has been able to prove the charge against the accused oppos......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....tional Sessions Judge erred both in law and facts in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any specific corroboration of the evidence by any reliable and independent witnesses. Hence, the impugned judgme...... burden of establishing the guilt of the accused is always on the prosecution and the burden never shifts. The prosecution is bound to prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner. Subject to the exception in section 105 of the Ev...... in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any specific corroboration of the evidence by any reliable and independent witnesses. Hence, the impugned judgment and order of conviction and sentence should be......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....dicated by signs and gestures in answer to questions. In the said decision, it has also been held that if it is found reliable, a dying declaration may itself be the basis of conviction, even without corroboration. 44. In the case of Arshed Ali Mirza Vs. State reported in 7 BLC 265, it has been......ory early in the morning of 9-4-2002 at about 5-30 AM and tied up their hands and feet and assaulted them there and thereafter, set fire on their body by pouring petrol on them and locked the factory from outside. 3. Having received the information about the incident the informant Md. Anowar Ho......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....d no mark of violence was found present in her body. Excepting P.W.11 Yeasin, the full brother of victim girl and two other interested witnesses, nobody supported the prosecution case. There was no corroboration in the evidence of P.Ws. Abdul Kader (P.W.6) disclosed in his evidence that Yasin told...... and detained him in the hut of the informant. In the meantime, the relative of the accused-appellant, brothers, cousin and other villagers came to place of occurrence and snatched away accused Majid from the custody of the informant and his brother. 14. She was cross-examined by the defence an......pon informant and in cross-examination he stated that he did not find the fence of the hut of informant was cut or open which belied the entire prosecution case. The withholding and non-production of independent material witnesses create a serious doubt on the prosecution case which lends suppor......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......the judgment and order of conviction and sentence dated 08.07.2003 passed in Druta Bichar Tribunal Case No.6 of 2003 for commission of the offence under sections 302/34 of the Penal Code. 2. Apart from the death reference, the condemned prisoners namely Yeasin Khan Palash alias Kala Palash alias ......laimed to be tried. 8. At the trial, prosecution in all examined 18 witnesses while the defence examined none. Out of the 18 witnesses as examined by the prosecution, 13 P.Ws. are local public and independent witnesses and remain 5 P.Ws. are official witnesses. The local public and independent wi...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
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