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Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......hout depositing the same he misappropriated the said amount. In these circumstances the learned Advocate for the appellant submits that the signatures of the accused on the back side of the cheque in question were not examined and compared by any hand-writing expert with his specimen admitted signat......he signatures of the accused appellant it cannot be said that the prosecution has been able to prove the charge against the accused‑appellant beyond all reasonable doubts. So, in my opinion, in the facts and circumstances of the present case an order for retrial should be passed. 28. Therefore,..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......eaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. After considering the facts, circumstances and evidence on record the learned judge of the Special Tribunal convicted th..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......rence) and found her above eighteen years of age and found no sign of rape. He was declared hostile by the prosecution and cross‑examined by the prosecution as well as the defence. In answer to the question put by the prosecution he stated that as per medical jurisprudence accurate age cannot be s...... was with the accused for three months but denied the suggestions that she was deposing falsely or that she was minor. At the top of the deposition sheet her age was written as 21 years. In the above facts and circumstances in the absence of anything in the charge that the victim was a minor and in ..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......t's writ petition before the High Court Division was not maintainable. Section 6 of the Adalat Act no doubt provides that the proceedings, order, judgment and decree of the Artha Rin Adalat cannot be questioned before any Court or any other authority, but section 6 has been made applicable subject t......well‑settled that Rule of practice of the Court not to interfere with the exercise of discretionary power under Articles 226 and 227 of the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......aker Nazrul Islam, Advocate - For the opposite party Nos.1-8, 11-14, 16, 17, 29-31, 34-37, 60-67. Civil Revision No. 3550 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 24-06-2004 passed by the learned District Jud......y change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of the facts of the plaint. ………………………(15) Cases Referred to- Hanif Ali (Md.) Vs. H..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......the Assistant Commissioner (C.W.1) wherein he did not disclose any name of the assailants and his subsequent disclosure in the First Information Report is mere embellishment. He added that in the facts and circumstance of the case the presence of the prosecution witnesses 1-8 at the scene are qu..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
...... the petitioner.
Tufailur Rahman with Ms. Umme Salma, Advocates - For the opposite party No.2.
Civil Revision No.120 of 2009.
Judgment
Sheikh Abdul Awal J.- This Rule calls in question an order No.17 dated 27.08.2008 passed by the Court of District Judge, Dhaka in Money Execu......titioner for vacating the Order No.13 dated 27.9.2005 purportedly passed under Order 21 Rule 29 of the Code of Civil Procedure staying proceedings of the said Money Execution Case.
2. Relevant facts, in short, are that the petitioner is a private limited company represented in Bangladesh th..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....ী ডিক্রীর টাকা পরিশোধে বাধ্য করার প্রয়াস হিসেবে”. As such, it cannot be said that Order XXI, rule 37 of the Code is identical with the provision laid down insection 34 of the Ain. Moreover, the notice as required und......nul Islam, Advocate - For the Respondent No.2. Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin......passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in brief, are as under: Respondent No.2, Eastern Bank L..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ......o.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petitioner is a law abiding permanent citizen of Bangladesh. The pet..Category: Fiscal/Taxation Law | Date: | Hits: 151
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ...... point was a poor family of a person wanted in a number of cases and had long been in prison. Moreover, hemaintains two wives. The economic condition of the family is fairly understandable. Pertinent question immediately crosses a reasonable mind what prompted an otherwise sane man to insist for mon......dge. Non-examination of the Investigating Officer may, in certain circumstances, be fatal if it could be shown that by that way the accused is substantially prejudiced in his defense. In the peculiar facts of the present case it is most likely that such non-examination has prejudiced the accused i..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......f schedule in the deed dated 24.7.1956 and Plaintiffs cannot deserve any benefit from the mistake, as because Plaintiffs are to prove their case. VI. Correction episode of the deed is subjected to question in view of non-establishment of ownership of Shashi Mohan on plot No.398 of Cadastral Surve......ose went against weight of evidence, materials on record and suffered from patent wrongness, dodderiness and waywardness. Decision and reasons are discreet, prudent and judicious. 35. Decisions on facts reached by Appellate Judge as last and final Judge of fact based on evidence and materials on ..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......roin, about 25 kg., were recovered from room No.906. The aforesaid witnesses also proved that while heroin were recovered, condemned prisoners Alefzan and Rois Khan were inside the room. 38. The question is whether their presence inside the room can be said to be the heroines were recovered f......endered 2 witnesses. 6. Mr. Md. Atiur Rahman, learned Advocate, appearing for the condemned prisoners, submits that, the case as stand against the condemned prisoners is not sustainable on the facts of the given case as, the learned Advocate submits that, prosecution failed to prove that, the..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......202. 12. I have gone through the contentions of the revisional application, counter-affidavit and considered the submissions made by the learned Advocates for the respective parties. Now, the real question for consideration in this case, whether the judgments of two Courts below are based on corr......udgment and decree dated 12-3-1991 (decree signed on 18-3-1991) passed by the Assistant Judge, Kachua, Bagerhat in Title Suit No.14 of 1998 dismissing the suit should not be set aside. 2. Material facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 i..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......e allegations that the account was opened in violation of the rules and that the cheques were collected designedly with knowledge that the same were forged the entire case turns on the one and single question, that is, whether the defendant can be said to have done its job from opening the account t......ions made in the account over the years; sudden deposit of disproportionately higher amount of cheques that too in quick succession and withdrawal of almost the entire money in undue haste- the basic facts relatable to 'good faith' and/or 'negligence' on the part of the defendant in exercising its d..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......etition is that claim of the complainant is false and concocted, that actually the accused petitioner after issuance of the cheque adjusted the outstanding dues and demanded return back the cheque in question but the complainant instead of returning back the cheque, filed the instant case for the ......case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled; (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) Whe..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......etitioners had no other alternative but to prefer this application under Article 102 of the Constitution. 14. The learned Advocates for the respondents further submit that since there are disputed questions of fact, this writ petition is not maintainable. It is difficult for us to accept the cont......ncellation of the Export Registration Certificate of the petitioners and, as such, it offends the principle of natural justice. The principle laid down in the aforesaid decisions is applicable in the facts and circumstances of the present case. 12. Mr. Rafiq‑ul‑Huq further submits that the ri..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......by defendant No.2 not inherited from her husband, therefore, the same was her stridhana. She sold the land for performing yearly shradhya ceremony, offering pinda at Gaya, paying debt etc. Though the question of self-acquisition for that matter 'stridhana' is the crux of the defendant's case he fail......l at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of t..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ......Ziaul Karim J.- This is an application under Section 12 read with Section 13 of the Companies Act, 1994 for confirmation of the amendment of object clause of Memorandum of Association. 2. Material facts are that the petitioner is a Public Company Limited by shares duly incorporated on 18-9-2003 u..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......udge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that on 27-9-2007 plaintiff instituted Money Suit No.4 of 2004 in the Sadar Court of Assis..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......ct of service. A mandatory injunction cannot be granted for such purposes. In view of the legal position as discussed above we need not decide the issue as to whether the dismissal from service in question was illegal, but we must hold that the suit is not maintainable on the ground that a declar......to why the judgment and decree dated 24-2-1997 passed by the Subordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Cl..Category: Civil Law | Date: | Hits: 144
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