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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......l Hoque vs. Sarafat Ali reported in 46 DLR 57. 14. We have considered the above submissions of the learned Advocates, examined the propriety of the impugned order vis-a-vis the law and the settled principles and it seems to us that in the facts and circumstances of the case the facts of proposed ......f defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defend......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. 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: 59 DLR (2007) 23. ......ging new evidence, which it did not or could not produce in the first trial. 37. As there is no legal evidence to support, the conviction of appellants Habib and Ripon and in view of the aforesaid principle we shall refrain to send back the case for fresh trial in respect of them. But there is ev......ibunal Case No. 54 of 2003 convicting the appellants under section 9(3) of Nari-o-Shisu Nirjatan Daman Ain, 2000 (hereinafter referred as Ain, 2000) and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 1,00,000. 2. All these appeals having arisen out of a commo......ation made above. 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: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......he material particulars by independent evidence on record it cannot be the sole basis for conviction. 39. We have carefully studied those decisions to the best of our ability. We find that the principle as enunciated in those decisions that if a confession is proved inculpatory in nature, tru......n Case No. 7 dated 12-4-1997 convicting the accused appellant under section 5(Ga) of the Nari-o-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 and sentencing him thereunder to suffer rigorous imprisonment for 14 (fourteen) years and to pay a fine of Taka 10,000 in default to suffer further rigorous impri......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......95 convicting the accused appellant Jugal Kumar Das under sections 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment, Ordinance) 1983 and sentenced him thereunder to suffer rigorous imprisonment for 14(fourteen) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for......that in the registered card the date of birth of the victim is 2-2-1980 and we also found in the same order that she was not willing to go to the custody of her father and necessary step was made for determination of her age and accordingly, she was sent to Medical College. We also find that the vic..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......aving not provided any special limitation for appeal in case of such trial in absentia as if held ex parte by committing fraud upon the Court by suppressing notice. It would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowl......he State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment an......y and, as such, the application is liable to be rejected. In support of her contention, she refers a decision in the case of Abul Hossain vs. State reported in 1 BLC (AD) 40. 14. The point of determination is, whether the petitioner was prevented by sufficient cause from not appearing in the..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......ndh. 20. It must be remembered by all concerned that the allegation brought against the accused person has no value unless it is proved by cogent and reliable evidence. 21. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled, namely, (i) ...... passed by the learned Metropolitan Magistrate in Petition Case No. 1245 of 1996 who convicted the accused petitioner under section 420 of the Penal Code, sentencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment for 6(six)...... dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No. 2, the convict appellant preferred this revisional application before this Court. 9. The only point for determination is, whether the judgment and order dated 13-3-2003 of the learned Metropolitan Additio..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......pany is also estopped thereby. It is also submitted that grant of such power is held to be valid, such power is not uncontrolled and unfettered but has to be exercised in accordance with well settled principles. Even in the case of a private company, the discretion vested in the directors to refuse ......cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com......arqum Ali with Mr. Giasuddin Ahmed in respect of these shares. 2. To determine the legality of the instrument submitted by Mr. Giasuddin Ahmed for transfer of shares in his favour. 3. Upon the determination of liability by the Committee, Mr. Sarqum Ali will be given days’ time to settle the..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......976, since the rules 61 A and 61 B under the Ordinance of 1973 had been incorporated as rules 47 and 48 in the rules under Ordinance of 1976 and consideration in both the cases rested on the same principle. It appears that the rules 47 and 48 in the Ordinance of 1983 are the same as in Ordinance......n the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can i...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... even though all the controversy is relatable to the property in dispute. 8. That is more or less the law regarding addition of parties in a suit and there is no dispute or controversy with that principle spelt out by the competent courts all over this sub-continent including the High Court o......ll pending in the court. 2. Facts leading to this, in short, are that opposite party Mst. Shamsun Nessa Begum as the plaintiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, ......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......lthough it has been held in that case that the appellate Court can alter an order of conviction made by the trying Judge under a particular section to one without framing charge there under yet the principle of law laid down in Jahangir Hossain is equally applicable to the case of the Court of fir......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o......vidence by the Appellate Court. He also urges that the judgment of the Court of appeal was violative of the provision of section 367 Cr.P.C. as the learned Judge failed to formulate proper points for determination. It was further alleged that formalities of the provision of section 342 Cr.P.C. were ..Category: Criminal Law | Date: | Hits: 26
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......nt No.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defend......hall be appealable as a decree. He also submits that rule 46C of Order 21 C.P.C. provides that where the garnishee disputes liability, the Court may odder that any issue or question necessary for the determination of liability shall, be tried as if it were an issue in a suit, and upon the determinat..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......d others…………………..Petitioners Vs. The State.................Opposite party Judgment March 3, 1986. Lawyers Involved: Jamiruddin Sircar with Mir Hashmat Ali, Advocates- for the petitioners. Kaiseruddin Ahmed, Deputy Attorney General- for the State. Criminal Revi......6 of section 339-C of the Code of Criminal Procedure reads as follows:- “6. In this section in determining time only the working days shall be counted." 8. Now the question that comes for our determination is: what is the meaning of the words 'working days'. In our view 'working days' mean t..Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......tion in question is a real one. The finding is essentially a finding of fact which the learned Subordinate Judge has arrived at on consideration of the evidence on record after fully appreciating the principles of law applicable to the facts of the case and after adverting to the reasonings of the t......Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a ......n the attention of the court of appeal below. The claim of the plaintiff as to benami having failed this question has assumed importance and has now become decisive. I am, therefore, of the view that determination of this question is necessary for complete adjudication of the dispute between the par..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......r delivered to the plaintiff." 10. The learned Advocate for the appellant next submitted that the appellant was not given a show cause notice and as such order of cancellation was violative of the principle of natural justice and placed reliance upon the decision reported in 19 DLR 719. That case......l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......grounds as stated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materi...... a cultivator and an honest and innocent person living on cultivation. On 24.1.87 the Kotwali Police arrested the detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......t August 17, 1987. Result: The appeal is dismissed. Case Referred to- Firm Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker Mahbubuddin Ahmed - for the appellant. Fakir Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Orig......llaneous case was a malafide one and was filed with the object of harassing the respondents for unlawful gain. 4. Upon these averments the learned Subordinate Judge framed the following points for determination:- 1. Was the defendant-petitioner prevented by sufficient cause from contesting the..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......rned Subordinate Judge by the earlier order dated 19.2.84 having rejected the application for acceptance of the written statement; his subsequent impugned order allowing the same prayer is hit by the principle of res judicata. For all his submissions, Mr. Syed Ishtiaq Ahmed relies solely upon the ca...... by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....erate the account and the bank cannot be injuncted in making any payment or allow the survivor that is wife of Nur Uddin Ahmed to operate the account. The account was opened with a specific condition guiding the mode of operation of the said account as stated above. So, the bank is bound to comply w......e accounts will be operated by either of survivors, the survivor is the only person who is entitled to the balance thereof after the death of one of the account holders. This practice is based on the principle that the terms of operation of the account forms part of the contract of the deposit. Here......ho is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being ke......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......Police. Democratic Government of the People and for the People is a form of administration by the people either directly or through elected representatives based on the acceptance and practice of the principles of equality of rights, opportunity and treatment. It is high time that the concerned auth......tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......Division on such a question of pre-maturity of cause of action. This is reported in 31 DLR (AD) 118. This decision is relating to the pre-maturity of cause of action regarding a pre-emption case. The principle laid down in this case is that if the cause of action is matured during the pendency of th......No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a c......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
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