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Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
.... effect that as the case was withdrawn before framing of charge such type of acquittal does not fall within the ambit of section 403 of the Code of Criminal Procedure, bears substance and it contains good reasons, though there are differences of opinion in the matter. However, in our opinion the pri......to operate only when offence once had been tried by a competent Court and ended in conviction or acquittal. If charge was not framed in the earlier complaint case when the last order of acquittal was recorded on the basis of withdrawal petition of the complainant, it is difficult to say that the pri......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......ision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very short cut judgment and should not suffer from misreading and non-reading and non consideration of the evidences on record. In such cases, the judgment will be liable to be set aside………………(15) Cases Re......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......nance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. th......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......ant have been owning and possessing the suit land for more than 33/34 years. Thus the suit is liable to be disÂmissed. 4. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his Judgment and decree dated 31-1-1994. 5. Against which the defendan....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... (Sind) 265 (FB) Rupchand J observed‑ "It is the function of the legislature to enact the laws and the duty of the judiciary to interpret and enforce them. It is no doubt the characteristic of a good Judge to amplify his jurisdiction where the words of the statute conferring the jurisdiction ca......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......or sections of people (iii) to interfere with or encourage or incite interference with the administration of law or the maintenance of law and order, (iv) to prejudice the maintenance of supplies and services essential to the community, (v) to cause fear or alarm to the public or to any section of t..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......t for further evidence by the parties in the light of observation made in the appellate Court judgment should not be set aside or to pass order or orders as this Court may deem fit and proper. L.C records were called for. Rule was made returnable within 4(four) weeks from date. Pending hear......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....e Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. The concerned Court is to verify and scrutinize the title papers of his ownership as regards ...... selling for a long time and thereby committed offence under section 25(Ga) of the Special Power Act. Hence the FIR was lodged. 3. The police investigated the matter and collected the BSTI report, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and sub...... ready to accept the conditions. There is no denying of the fact that the value and quality seized factories, machineries rolls, chemical are being diminished and the same might be damaged due to non-service or non-use causing great loss to the accused petitioners. The trial of the case will not be ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....ct exposition of law and facts. Therefore, I am unable to accept his submissions. On the contrary the legal pleas taken by the learned counsel for the opposite party prevails and appears to have a good deal of force. 11. In the light of discussions made above, I am of the view that the impugne......rtunity to discard those documents in his cross examination. Therefore the application for re-calling P.W.1 cannot be denoted as belated stage, so the Courts below after appreciating the materials on record by allowing the application committed no error of law………………………………(8) ...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......ty under attachment and, as such, the learned Executing Court rightly rejected the application. 3. We have heard the learned Advocates and perused the revisional application and other materials on record. It appears that the opposite party No.1 got a decree for realisation of an amount of Taka 3,...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... as their business expands, the necessary incidents of their relationship with their customer must also change. The business of banking is not the business of the customer but of the bank. They offer services, which is to honour their customers' cheque when drawn on an account in credit or within an..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......he accused did not take any step to pay the cheque money. In this circumstances the complainant filed this case against the accused petitioner. 4. The cognizance Court examined the complainant and recorded his statement under section 200 of the Code of Criminal Procedure and took cognizance of th...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......il, the accused person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, after recording its decision so to do, try such person in his absence." 6. Mr. Abu Bakar Siddiqui also ......aged in section 27(6) of the Special Powers Act, 1974 for trial in absentia. In that case it was held by the learned Judges that the accused could not be reÂgarded as having absconded in absence of service of summons or any execution of warrant or return or report as they were granted bail earlier..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......control and possession of the appellant. Enmity between the accused and neighbours Suruj Khan was not admitted. According to him the learned Judge of the trial Court after considering the evidence on records rightly found the appellant guilty and accordingly convicted him, which calls for no interfe......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
....CIC for the purÂchase of 1,00,000 MT (+/- 5% at seller's option) of Granular Urea in bags, and prilled Urea in bags in the matter under consideraÂtion in Arbitration Application No.08 of 2007 ('the goods'). In Arbitration Application No.02 of 2007 in its bid submitted on 5-9-2005 through the Local...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......nt of a total of twelve performance bank guarantees. It is stated that Reliant, however, was unable to procure copies of those letter upon request made of the Respondents. Stressing the fact that the services of the Notices of Arbitration dated 6-2-2007 on that very dated in the eye of the law const..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......xamined only preemptor petitioner No.3 as P.W.1 and the pre-emptee petitioners examined 10 P.W. in support of their respective case. The learned trial Court after due consideration of the evidence on record allowed the miscellaneous case by granting preemption in favour of the preemptor‑opposite p...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
....vil Procedure. It appears to have been rejected by implication. The learned Subordinate Judge rejected the petitioner's applicaÂtion under Order 7 rule 11 of the Code of Civil Procedure on assigning good reasons, which are not seriously disputed by the petitioner.
6. Where issues of law arise wh......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... the detenu Abul Hashem son of Habibulla is not the accused in this case and he has been wrongly apprehended. The learned Sessions Judge by his order dated 11‑6‑97 rejected the application as the records of the case has already been sent to this Court in connection with an appeal. Hence this app...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....d then obviously, the appeal has to be preferred in the Court of Sessions Judge, in view of the provision of section 408 of the Code of Criminal Procedure. 17. May be, this provision of law is not good and inconsistence with the spirit of fair justice or rule of prudence; but, unless law is strik......ka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sent to the concerned section of this Court and the application has been numb......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......iate the charge examined 27 witnesses and tendered 2 witnesses for the cross-examination by the defence, but the defence did not cross-examine them and the defence examined none. On the completion of recording of oral evidence accused Zakaria Kabiraj was examined under section 342 of the Code when h......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
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