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Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....ntion of the legÂislature to incorporate Section 561A in the Code of Criminal Procedure with a view to prevent abuse of the process of any Court and to secure ends of justice. Thus, depending on the facts and circumstances in each case, entering into its merit, if this inherent power is not exercis...... Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Nazrul Islam Mollah alias Nazrul Islam Mollah…………………Accused-Petitioner Vs. The State and anothÂer……………………Opposite Parties Judgment August 3, 2009. Result: T......iÂtial intention of the accused to deceive the informant and all these disclose the offence as alleged. Mr. Diliruzzaman further submits that it will be for the informant to prove his allegations by evidence at the trial and that he can not be shut out at this stage by telling him that his remedy l..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....spondents. Company Matter No.139 of 2006. Judgment Syed Refaat Ahmed J.- This is an Application under Section 233 of the Companies Act, 1994 (hereinafter referred to as "the Act"). The facts of the case and the issues arising in relation to the same, and as discernible from a plethora......Division (Statutory Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Aktar Hossain, Son of late M.A. Hakim Hawlader, Director of Capital Tower (Pvt.) Ltd. 11, Purana Paltan, Dhaka and others…………………………….Petitioners Vs. Capital Tower (Pvt.) Ltd. At prese......ity shareholders. The Affidavit-in-Opposition on behalf of the Respondent Nos.1 and 2, in particular, refers to a number of meetings of the BOD, as well as Extraordinary General Meetings, as being in evidence of the fact of the active engageÂment and involvement of the Petitioners Nos.1 and 2, in p..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ...... the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute representÂed by the Director General Harukandi, Faridpur District-Faridpur and othÂers……………………………………Respondents ......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....alia, is that they have been falsely impliÂcated in the case; that they did not kill the vicÂtim and that the victim died by hanging. 8. In consideration of the evidence on record as well as the facts and circumstances of the case, the learned Sessions Judge, Bogra found the accused appellant A......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery system is the......eachable eviÂdence. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on the failure, it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon………â€..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....o the hospital treatment record file. I understand that my duty is to the Court and that I have complied with that duty and will continue to comply with that duty. I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe......or the Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tri......gir and due those teasing and nuisance, her Family gave her marriage with the victim (P.W.2). She heard about the occurrence from her husband immediately after the occurrence took place. P.W.9 in his evidence described about a previous two incidents stating that he also got allegations of teasing an..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....sif (now Assistant Judge) He submits that power under Order 6 rule 17 of the Code of Civil Procedure is very wide and should be exercised leniently and judicially but not arbitrarily according to the facts and circumstances of each case and the well settled principles. Referring to the averments mad...... in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....nst the prayer for temporary injunction stating, inter alia, that the suit for the plaintiff was not maintainable and that the averments in the application were not correct. The defendants denied the facts of dedication of the suit‑land by Babu Dhirendra Nath Roy in favour of the plaintiff and the...... Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mal...... was made in the year 1928 AD. An oral dedication in Hindu Law is also possible for religious and charitable purposes without any document in writing. It can be established by cogent and satisfactory evidence of conduct of the parties and user of the property which show the extinction of the private..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu......d transaction constitutes a loan (ঋণ) within the meaning of section 2(Kha) is a mixed question of fact and law and, as such, an issue can only be raised and decided in that suit after considering evidence and there is no scope of holding at this state that the same was not a loanrelying upon sta..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......s at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ...... pleaded not guilty. Then the prosecution examined 4 witnesses. The case of the accused persons is that, the sarees were Bangladeshi sarees and they were Feriwala by profession. After considering the evidence on record the learned Judge of the Tribunal found both the accused guilty of the offence un..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......urt Division (Statutory Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Crown Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The ...... materials, such as pipes, pipe pos, Anchors, containers etc. are by this Gate Pass allowed to be transported off the site." 24. It is to be noted that respondent No.6 has produced any documentary evidence to indicate that the goods in question were actually transported out of Patenga and Fisheri..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....ue No.1 is disposed of in favour of the plaintiff. Issue Nos.2-5: 16. All these issues have been taken together for the sake of convenience and brevity as all the issues touche the same sort of facts and Principle of law. 17. It appears that the claim of the plaintiff raised in this admiral......sp; ......ding the purchase of the house hold articles from the local market. 21. It appears that no other witnesses have been examined by the plaintiff in order to substantiate the claim to corroborate the evidence of the P.W.1 as to the assertion of the quantity and price of the personal household articl..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....civil jail under section 34 of the Artha Rin Adalat Ain, 2003 as contained in (Annexure-D) shall not be declared to have been passed without lawful authority and is of no legal effect.
2. Relevant facts, in short, are that the respondent No.7, Manager, Pubali Bank Ltd. as plaintiff instituted Art......ed in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....le Appeal No.155 of 2002 and affirming the judgment and decree dated 21.07.2002 passed by the learned Senior Assistant Judge, Rupgonj, Narayanganj, decreeing the Title Suit No.61 of 1999. 2. Short facts leading to this Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title S......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ...... be sustained in the eye of law. Interference by the High Court Division in revisional jurisÂdiction in the circumstances was perÂfectly justified." 12. Thirdly, the plaintiff failed to prove by evidence his exclusive right, title and possesÂsion in the suit land and there is no specific findi..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
.... now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or furÂther order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose of disposal of the rule may be briefly stated as follows: One Mazharul Haqu......er Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and othÂers, 17 ELD (AD) 44; Abdul Quader Chowdhury and other......he petition of complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and in such cases no question of weighing and appreciatÂing evidence arises. 5. The allegations made against the accused person do not constitute an offence ..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....1986 passed by the learned Munsif, Gaziur in Title Suit No. 620 of 1981 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The Predecessor of the opposite parties No.1 to 3, as plaintif...... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......ears to oppose the rule. 8. On perusal of the judgment passed by the learned trial Court, it appears, no issue has been framed regarding limitation. The learned trial Court on consideration of the evidence and materials on record found that the plaintiff could prove his title in the suit land; th..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....months. Against such direction, the judgment-debtor, the present respondent preferred Civil petition for Leave to Appeal No.1295 of 2008 which has also been dismissed with cost. Suppressing all these facts the judgment-debtor filed an application in the court below and obtained the impugned order wh......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
....roÂduce any contrary evidence as regards their claim of title and possession as such, only recording in the S.A/R.S. Khatian of the suit land can not confer any title on them.
21. Considering the facts and circumÂstances of the case and also the evidence on record we cannot but set-aside the im......d.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......alat Narayanganj, framed necesÂsary issues in the suit.
6. The plaintiff examined 7 witnesses while the defendant examined 3 witnesses in support of their respective cases. The trial Court on the evidence on record dismissed the suit and hence the appeal.
7. Mr. Khair Ejaj Masood the learned ..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'......d, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intent to dispose of the beneficial in..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of SettleÂment and others, 1996, 25 CLC (HCD)
.... same in Ka list has no basis it has been rightly held that the same was done without jurisdiction. We find that the Court of Settlement acted with jurisdiction on application of judicial mind to the facts and circumstances of the case and duly considered the question of limitation also. We, ther......Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of SettleÂment and others…………………………………………Respondents Judgment June 24, 1996. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..Category: Property Law | Date: | Hits: 113
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....al Procedure by the police, the charge‑sheet and also considered the statement of the petitioner recorded by a Magistrate under section 164 of the Code of Criminal Procedure and also the facts and circumstances of the case and we have also considered the decisions of our Appellate Divis......vision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State…………â€......rated in section 30 of the Evidence Act has been expend and considered by the Appellate Division. It has been held that the language of the section does not render the confession of a co‑accused as evidence within the definition of section 3 of the Evidence Act. It simply says that the Court may "..Category: Criminal Law | Date: | Hits: 82
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