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Santosh Mia Vs. State, 1989, 18 CLC (HCD)
.... prosecution and they proved the prosecution case beyond reasonable doubt. 22. It is suggested that victim sustained injury on the left leg having fallen on boundary wire fencing. Defence side totally failed to elicit from the cross-examination of any witness to prove existence of barbed wire......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rue sense after trial to attract the essential ingredient of section 403 of the Criminal Procedure……………..(12) In a case, the essential fact of filing previous complaint petition has been totally concealed and nothing is referred to show any averment about the earlier complaint petition ......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. ...... permitting him to withdraw his complaint, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused." 12. Moreover, the learned Magistrate should not have assumed jurisdiction ofrevisional Court in finding fault in the order passed by another Magistrate. However,..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....h the defendant Nos.1-3 for purchase of the suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 an......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. ......fied with the aforesaid judgment and decree of reversal passed by the learned Additional District Judge, 10th Court, Dhaka in Title Appeal No.211 of 1993 as petitioner moved this Court its revisional jurisdiction as per provision of Section 115(1) of the Code of Civil Procedure, hence this rule. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....ess. So she and her son filed the Family Suit for a decree for three relieves, as follows:— (1) payment of the deferred dower of Tk.48,000 payable to plaintiff No.1; (2) past maintenance of a total of Tk.2,88,000 for 16 (sixteen) years with effect from Kartic, 1389 BS at the rate of Tk. 1,50...... 1961 (Ordinance 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 evide......hough legitimacy is not specifically mentioned in section 5, the expression "any suit relating to, or arising out of, all or any of the following matters" occurring therein is wide enough to confer jurisdiction on the Family Court to decide a disputed legitimacy in a suit for maintenance or guardi..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. ....... 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. ....... 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.
......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.
......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)
....a Metropolitan Area shall not, unless otherwise provided by the Ordinance, be under the charge of the District Magistrate for any of the purposes of the said Ordinance. So, the District Magistrate is totally debarred to exercise his power within the Metropolitan Area unless he is specifically given ...... interpretation of law, I am of the opinion that the good judge becomes a bad citizen." It is only by virtue of statutes that jurisdiction is conferred on tribunals or taken away from them. In the absence of clear provisions, the ordinary rule of interpretation that statute does not create new ju......th Criminal Miscellaneous Case Nos. 218, 5291, 5115, 2844, 4584, 3236, 3540, 3541, 1627 of 2003. Judgment Surendra Kumar Sinha J.-The determination of these matters involves question of law and jurisdiction including a question, whether a District Magistrate or an Additional District Magistrat..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....t due to any infirmity of the law itself but due to the practice that has developed to cause delay. Therefore, the introduction of special provisions for speedy trial of cases cannot be considered as totally new conception…………………………….(22) At least there are three guidelines ...... Islam. Gist of his submission is that section 6 of the above Ain does not provide any principle or guideline for exercise of the power given to the Government under that section and, as such, in the absence of such guideline or any objective criterion, there is ample scope of discrimination between......r Article 27 of the Constitution. 5. Mr. Amirul Islam, in support of his argument, at first has taken us through the relevant section of the above Ain and thereafter cited two cases, one of Indian jurisdiction and another of our jurisdiction. First case cited by him is the case of State of West B..Category: Criminal Law | Date: | Hits: 177
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......y for securing obedience of the law of land but also for securing the ends of justice in its widest sense. Inherent power of the High Court Division by reason of its being the highest Court must have jurisdiction over civil and Criminal Courts of the land. The powers in a sense are inalienable attri..Category: Procedural Law | Date: | Hits: 142
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. ...... 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. ...... 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
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... show that the accused petitioners gave any assurance to the opposite party No.1 complainant that the cheque would not be dishonoured if the same is presented again before the bank for encashment. In absence of any such allegation subsequent presentation of the cheque before the bank for encashment ......ection 138(c) of the Act arises only for once and since the OP No.1 complainant issued notice under section 138 (b) of the Act after the cheque was bounced for the 1st time, so he cannot again invoke jurisdiction for issuing notice under section 138(b) of the Act, as the cause of action for filing a..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....outh Korea, subsequently returned to Bangladesh with that money. On 20‑2‑1995 he opened a current account in his own name at the Local Branch of the defendant No.1 bank. The plaintiff deposited a total of Taka 3,97,000 by making two deposits, on 22‑2‑1995. He was given a cheque book containi......sser a personality than that of Lord Scarman, in Tai Hing Cotton Mills case, with whom other Right Honourable Members concurred, in delivering the advice for the Board, expressed the view that in the absence of express agreement to the contrary, the duty of care owed by a customer to his bank in the......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. ..Category: Criminal Law | Date: | Hits: 130
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
..
Category: Company Law | Date: | Hits: 134
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. ...... 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. ...... 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Sect..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
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. ......e Bengali daily newspaper, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence. (2) Where in a case after production or appearance of an accused before the Court or h......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. ..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. ......The State.......................Respondent Judgment March 13, 2006. Result: The appeal is allowed. The Explosive Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance......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
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......he learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generally signed before rising of the Court. If the appellant file the app......he learned Single Judge committed any illegality in affirming the order passed by the trial Court in exercise of his power under section 151 of the Code in the facts of the case. There was no lack of jurisdiction of the trial Court to restore the suit." 5. Mr. Md. Oziullah, learned Advocate oppos..Category: Procedural Law | Date: | Hits: 154
.... until further orders. It is also evident that pursuant to each such Order of this Court, and pending the hearing of these Applications, BCIC has been restrained by ad interim orders from canceling a total of six contracts and along with the Bank in each case being further restrained from encahsing ...... Orders previously 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.
......Mr. Mahmood submits, it akin in its nature to Section 7 of the Act) of the Model Law has the effect of containing and confining the negative effect of an arbitration agreement which is to exclude the jurisdiction of the court just short of the statutory sphere within which the ability to pray for an..
Category: Alternative Dispute Resolution | Date: | Hits: 589
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