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Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......n Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Court. For......tion of comÂplaint before the Magistrate, 1st Class, Nalishi "Ka" Anchal, Adalat Satkhira under section 406/420 and 109 of the Penal Code on 19-1-2004 alleging, inter alia, that the complainant is a law abiding person. The accused persons are greedy and politically motivated. The comÂplainant and ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....manifestly inadequate or unduly lenient in the particular circumstances of the case. The interferÂence will be justified when Court fails to impose proper sentence which may result in miscarriage of justice…………………24 Shaping/Choosing SenÂtence The criminal and not the crime mus......r-in-Charge was toldabout the occurrence. The officer on duty at the Thana advised the informant to take step for medical treatment of his mother and further said that appelÂlant would be dealt with according to law. Thereafter the informant came back from Thana with his mothÂer and informed about...... also Reported in:42 DLR (HCD) (1990) 171. ......to be examined to prove any fact Under the provision of EviÂdence Act no particular number of witnesses are reÂquired to be examined to prove any fact. It is a sound and well-established rule of law that it is quality of evidence and not quantity that matters. In each case Court has to consider..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. ......€¦â€¦â€¦â€¦â€¦â€¦(9) The right of easement by prescription is acquired under section 26 of the LimiÂtation Act and section 15 of the Easements Act which are counterparts of one another. According to the two provisions of law, for acquiring the right of easement by prescription one has to enjoy s......he right of easement by prescription is acquired under section 26 of the LimiÂtation Act and section 15 of the Easements Act which are counterparts of one another. According to the two provisions of law, for acquiring the right of easement by prescription one has to enjoy such easeÂment openly, pe..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....the selfsame allegation without having any fresh cause of action. Therefore, the instant proceeding is nothing but an abuse of process of the Court and it is liable to be quashed for securing ends of justice. 7. Mr. Mohammad Ali, the learned Advocate appearing on behalf of the opposite-party No.2......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. ......on of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when offence once had been tried by a competent Court and ended in conviction or acq......isposal of the Rule are that the opposite-party No.2 Md. Chan Mia filed a petition of complaint on 29-1-2007 alleging that the accused No.1 Arshad, being a distant relative, introduced his brother-in-law (Behai) accused No.2 Abdul Khaleq, disclosing that accused No.2 had been serving in Bahrain for ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....on record in its entirety and correct perspective thus the learned appellate Judge failed in his duty and arrived at wrong finding and decision leading to error in the decision occasioning failure of justice. As such the same is not sustainable in law. 9. Mr. Saha next submits that the learned Ap...... points that he was quite diligent to perform his part of the contract and fulfill all the four points under that circumstances the plaintiff can get a decree for Specific Performance of Contract but according to Mr. Nandi here in this case the plaintiff had no right to institute the suit against th......ment is concluded agreeÂment and the same is binding upon both the parties until and unless it is cancelled…………………(14) While delivering judgments, the judge should properly adhering to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very shor......e thus the learned appellate Judge failed in his duty and arrived at wrong finding and decision leading to error in the decision occasioning failure of justice. As such the same is not sustainable in law. 9. Mr. Saha next submits that the learned Appellate Judge erred in law in not taking into co..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. ......aintenance as he had attained majority. 44. The appellate Court, on the other hand, recorded a finding that plaintiff No.2 was born out of the marriage between plaintiff No.1 and the defendant and accordingly fixed a separate mainteÂnance for plaintiff No.2 at the rate of 1,500 per month for two......LR (HCD) (2012) 494. ......osed of. The Muslim Family Law Ordinance, 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 plain..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. ...... Kamal and Mr. Mohammad Hasibuddin, the learned Advocate appearing on behalf of the opposite party Nos.1, 2 and 4 submitted that both the Courts rightly found the case in favour of the plaintiffs and accordingly decreed the suit. The learned further submitted that the concurrent findings of fact tha......82), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is pre......n 115(1) of the Code of Civil Procedure and obtained the Rule. 7. Mr. Nikhilesh Dutta, the learned Advocate appearing on behalf of the petitioners submitted that both the Courts committed error of law in not conÂsidering the evidence on record properly. The learned Advocate further submitted tha..Category: Property Law | Date: | Hits: 134
....4. For the reasons aforesaid, the impugned judgment and decree of affirmance dismissing the suit in its entirety cannot be sustained in law, which no doubt resulted in an error occasioning failure of justice.
15. In the result, the Rule is made absolute in part without however any order as to cos......ion since long on the basis of the documents adduced, upon such view, it held that the plaintiffs failed to prove the record of rights was wrong and that the plaintiffs had title in the suit land and accordingly, dismissed the suit.
9. On appeal thereform at the instance of the plaintiffs, the Co......y has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have been in possession of the suit land. Even if the plaintiffs failed to prove their title, which is in fact wrong, they cannot be prevented from getting a declaration th......ich was sitting for about 100 years. The suit land being within the periphery of a Hat cannot be retainable by any individual and the record of rights was correctly prepared. Their possession was not lawful, the government has got every right to evict them but denied having held out threat to evict ..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....tatutory obligation for examination of the material question how the mind of the detaining authority worked in making orders of detention………………………..(27) The principles of natural justice are not applicable in the case of preventive detention. The detaining authority is not requi......are not available to a detenu detained by an order of detention. A preventive detention is the deprivation of the liberty of a citizen, which right should not be taken away in an arbitrary manner and accordingly, this Court has been given power to review the actions of the detaining authority under ..............Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in th......ers in which the State itself is concerned, in aid of right and liberty. The writ is directed to the person in whose custody the detenu is detained and required the body of the detenu alleged to be unlawfully held in custody or restrained of his liberty to be brought before the Court that appropriat..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....in are being tried under the same procedure and the enactment was made in consonance with the provisions of the Constitution itself. The new Ain is enacted as an step towards the popular saying that "justice is like a train that's nearly always late." …………………………..(20) Sessions......d his argument by stating that in the normal criminal courts due to increase of the volume of cases and due to various other causes sometimes 8/10 years are taken to conclude the trial of a case. So, according to him, there is no illegality or nothing wrong in the Ain itself, the purpose of which it.........................Petitioners Vs. Bangladesh and others...............................................Respondents Judgment May 21, 2003. Result: The Rules are discharged. The Druto Bichar Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the ......trial remains the same………………..(19) The Constitution of Bangladesh provides for right to speedy trial of a person accused of an offence and it is the duty of the Parliament to enact the law to ensure such right and the Druto Bichar Tribunal Ain, 2002 was enacted with that end in view. ..Category: Criminal Law | Date: | Hits: 177
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. ......ide Ext. ka C.C of kabala dated 10.5.1968. 5. Learned Advocate submits that the plaintiff-appellant-opposite party No.1 Bimala Rani Roy claimed to be the adapted daughter of said Birbol Chatri who according to plaintiff Bimala, gave her in marriage with a domestic husband and both plaintiff and h......tioner Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the petitioner ......f kabala dated 10.5.68 and accordingly learned Appellate Court set aside judgment of Trial Court by allowing the appeal and sent the suit on remand to the Trial Court for proper decision according to law. Learned Appellate Court rightly observed that Trial Court would be the competent forum for furt..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....power of the High Court Division to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice." From the said provision, it has become manifestly clear that the inherent power of the ......he house of one Md. Abdul Bari. In presence of the Magistrate and local witnesses on 03.02.2007 at about 17.30 hours, the products of the aforesaid factory were seized and a seizure list was prepared accordingly. The approximate value of the seized products was at Taka 3,50,000/=. On interrogation o......……….Opposite party Judgment July 26, 2009. Result: The 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 i......he Code of Criminal Procedure and obtained the present Rule. 10. Mr. Illias Ahmed the learned Advocate for the accused petitioners submits that the learned Judge of the Tribunal committed error of law by rejecting the application for taking jimma of the seized goods and that the learned Judge did..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
...., Pabna allowing an application to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case...... 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. ...... Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question......on. 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) The Courts below having been rested upon consideration..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. ...... 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. ......he Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. After such claim or objection is raised, the court should investigate and adjudicate ......ld not reject the application without assigning any reason. ……………..(3) This is not enough to say simply "heard and rejected". If that is done, that will be considered as serious error of law. Such an order of the learned Executing Court is not a Speaking one and the same cannot be maint..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. ...... 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. ......the Negotiable Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure of the drawer to pay the money within the period of 15 days as envisaged under clause (c) to proviso to section 13......e Negotiable Instruments Act. 6. In the backdrop of the submission made by the learned Advocate for the accused petitioners and the learned Advocate for the opposite party No.1 complainant and the law as envisaged in sections 138 and 141 of the Negotiable Instruments Act, now let us see whether t..Category: Civil Law | Date: | Hits: 163
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. ......d. Yusuf.................................................Respondent Judgment January 16, 2002. Result: The Appeal is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot repel liability, the only limitation on ......the Negotiable Instruments Act, as amended, or even under section 420 of the Penal Code, and, in any event, may tarnish his image, and hence, the bank's liability may extend to one under the tortious law of defamation, subjecting it to pay substantial damages………………………(28) Lawyer..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. ......tion 138 of the Negotiable Instruments Act, the petitioner preferred this petition before this Court and obtained the Rule. 7. Mr. Abdul Jalil, the learned Advocate for the petitioner submits that accordingly to the complaint petition, the Global Air Link made an agreement with Air Parabad Ltd. t......11, 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. S......Party Judgment March 11, 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 t..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. ......................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within...... to make an order of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be de..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....absence of any provision of law requiring publication of the order of the trial Court directing the accused to appear before him on the date of trial specified in the notice, the principle of natural justice also requires that the accused must be given a chance that he is facing a trial and has to m......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. ......on 339B the lawmakers were aware about the existence of section 537 Cr.P.C., while inserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be ......udgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the existence of section 537 Cr.P.C., while inserting section 339B in Cr...Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....made by a statute and should not invest itself with such jurisdiction for the purpose of getting round the express provisions of the law. Unintentional or inadvertent misÂtake of the Court causing injustice to a party, however, stands on a different footÂing and in the case of such a mistake the e......of law which is the fault of the learned Advocate as litigant people do not know which provision of law is to be invoked. For the fault of the learned Advocate the litigant should not be punished and accordingly the Rule is made abslute.......……………………….. (7 & 8) Cases Referr......ddin Chaklader J AKM Abdul Hakim J Md. Mostafa Rana…………………………Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Pr......009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdan..Category: Procedural Law | Date: | Hits: 154
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