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Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....f 2003) Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and s......nd on again may manacle the accused inescapable. 12. As to the conclusiveness of circumstantial evidence, this Division in State Vs. Khasru, 43 DLR (AD) 182 held that merely because the victim was called away by the accused and seen in the company of the accused before disappearance is not con......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....Hashem in favour of Chand Miah the defendant No.1, registered kabala dated 2-12-1974 executed by Abdul Hashem in favour of defendant No.2 Raja Miah and registered kabala dated 30-3-1973 executed by Rosomoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the p......itness also claims that the information slip filed by the plaintiff is a collusive paper. This witness also admitted in his cross-examination that record of Miscellaneous Case No.2/73-74 has not been called for. This witness denied the suggestion that there was no case initiated for cancellation of ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....ion) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State……………………………..Appellant Vs. Hasibul Hasan (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted.......-2004 corresponding to GR No.486 of 2004. 6. The Police after investigation submitted charge-sheet under sections 11(ক) 30 of the Ain 2000 accusing the accused. 7. Eventually the accused were called upon to answer the charge under sections 11(ক) 30 of the Ain 2000 which was read over to th......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....rim J ANM Bashir Ullah J State.....................................Petitioner Vs. Rustom & 2 others………………….Condemned-Prisoners Judgment November 17, 2011. Result: The Appeals are allowed. ......ce of occurrence adducing any cogent and reliable evidence. The prosecution also failed to prove the manner of occurrence. AtiarRahman sustained at least 13 cut injuries on his person but the so-called eyewitnesses P.Ws.2, 3, 4 and 5 stated before the trial Court that they had found accuse......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....………………….(62 & 63) Doctrine of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him...... itself. This action may take one of two, or both forms: a promise (or a statement or undertaking) or a regular procedure. Both the promise and the procedure are capable of giving rise to what is called a legitimate expectation, that is, an expectation of the kind which the courts will enforce.......at the benefit be withdrawn or the scheme be modified, that supervening public interest would prevail over any promissory estoppel, inasmuch as, public interest must override any case of private loss or gain. 36. In the instant case the NOC dated 05-2-2002 issued by the MOI is not le..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ave, has arisen out of the judgment and order dated the 15th July, 2002 passed by a learned Judge of the single Bench of the High Court Division in Civil Revision No.4631 of 1998 making the Rule absolute. 2. Facts giving rise to the present appeal are that the appellant as pre-emptor filed......was served upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
.... Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State................................................Appellant Vs. Matiur Rahman @ Mati.................Condemned Prisoner Judgment October 25, 2011. Result: The death reference is accepted. ......p found accused Matiur Rahman @ mati to inflict sharpen dao blow on the person of victim causing cut injuries in front of the house of accused Matiur Rahman @ Mati. Having seen the said occurrence he called the neighbouring people and in the meantime the deceased met the death and accused Matiur Rah......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
.... Rahman Biswas, an officer of the Bank, alleging an offence under sections 402/409/109 of the Penal Code read with section 5(2) of Act II of Anti-Corruption Act, 1947, inter alia, that the accused-persons collusively showing a false and fictitious name of Lablu Miah, the owner of Ahmed Enterprise, M......ich should be discharged outright. In the result the Rule is discharged without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case i......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....il Lwee, Management owner of Vessel M. V. Accord Commodity International Trading PTE Ltd. 531, Upper Cross Street#04-09 Hong Lim Complex, Singapore. 5. Mr. S. A. Mazid, Managing Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord…......... of the instant suits left this country long ago and the who apparently obtained the power of Attorney of those plaintiffs, also left subsequently and the Admiralty suit No.28 of 2000 filed by the so called constituted Attorney was also dismissed for default on 4.3.2004 and therefore there is every ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....d another.........................Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140;......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......t. Finally, he submits that since the audit by respondent No.12 has already finished, to a certain extent, this Court should not interfere into it under Writ Jurisdiction as the same would cause huge loss to the BTRC and the Government. 8. Heard the submissions of the learned Advocates, perused..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....pellant No.1 was her husband while the co-accused were his father, brother, mother and close relation respectively. She got married with appellant No.1 by a registered ‘Kabinnama’. At the time of solemnizing their marriage, her father gifted ornaments worth Taka 1,30,000/- (one lac thirty thousa......ed to fulfill his illegal demand, appellant No.1 started torturing her in different way and kept her unfed. The accused persons hatched up a conspiracy and on 5.1.2007 at about 10 a.m. appellant No.1 called her to bed-room and asked to bring Taka 50,000/- (fifty thousand) only from her parent. As sh......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....akshmipur in Nari-o-Shishu Nirjatan Damon Case No.23 of 2000 convicting the appellant under section 10(1) of the Nari-o-Shishu Nirjatan Damon Ain and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka 20,000/- in default to suffer rigorous imprisonment for ......lal Bazar Government Primary School. On the date of occurrence i.e. 5.3.2000 she went to her School as usual. After the class was started, the appellant Md. Rafique Ullah, a teacher of the School had called her to library and asked to bring a glass of water. Accordingly she brought a glass of water ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Tania Amir, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Appellants, (In all appeals). Ok-Kyung Oh, in person—Respondent No.3. (In all appeals). None represented-For Respondent Nos.1-2. (In all app......y of a citizen, then the Court on being approached by the person aggrieved for the redress of any grievance has to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the mercy of police echelons since human dignity is a d......dless number of cases on selfsame subject matter destroying and damaging the image, business and reputation of the Company and its Chairman and Directors, the petitioners will suffer irreparable loss which is contrary to policy undermining the image of the country's criminal justice system bei..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....Convict-appellants Judgment July 17, 2011. Result: Death reference is rejected. The impugned judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. Th......stances Act, 1908 accusing 14 accused and 7 accused were not sent up for trial. 6. Eventually, the Special Tribunal took cognizance of the offence against all. 7. Later on, the accused were called upon to answer the charge under sections 3 and 3A of the Explosive Substances Act, 1908 to wh......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....SCEPTRE and demanded immediate arrangement for settlement of the cargo claim. Although the plaintiff only claimed in the said claim letter the C&F value of the short cargo, yet the same was not resolved by the defendants. Despite the fact the defendant No.4 supplied a copy of the guarantee lette...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......tted bills of entry for taking delivery of the entire quantity of CDSO as imported by it but the plaintiff was given delivery of 9923.924 M.T. of CDSO having 76.076 M.T. short. The plaintiff suffered loss for the said short landing and accordingly submitted a claim bill to the defendant No.4, M/S. R..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....ir accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police Station against the accused persons namely (1) Kaisar-uz-zaman (petitioner), (2) Fariduddin (3) Nasrin Chowdhury (4) Iqbal uddin (5...... provides that investigation of the offences under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commission to hold investi...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
..... Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect ......osite party who had been enjoying and possessing the case land along with other land left by her parents to partition the same but he was no giving her due share and eventually a salish baithak was called for the purpose at the house of the seller on 20tn March, 1998 wherein he, for the first time......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....roceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent Nos.1-3 alleging inter alia, that she was a girl of 12 years and was a stu......f his enquiry submitted a report on 3.10.2004, upon which the learned Judge of the Tribunal took cognizance of offences under section 7/9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter called “the Ain”) against respondent No.1 Kabir Hossain and also took cognizance of the offences......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....respondent No.1. Mominuddin-For the respondent No.1. Criminal Appeal No. 6821 of 2009. Judgment Shahidul Islam J. - This appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinaj......ross-examination by the prosecution he added that he had no relationship with the accused and his daughter is a teacher of the school. The P.W.12 further added in his examination-in-chief that he was called for by the other members of the Managing Committee and a written paper was taken from the acc......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the petitioner submitted an EOI on 28.10.2009 containing necessary information and particulars about the petitioner-company, signed by the General Manager, BGP (Bangladesh) International. It has also been contended that EOI, in fact, was submitted by the petitioner-Company, “BGP Inc., China Na......o.6. Writ Petition No.2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. I......no.24 of 2006 he submits that only the person as defined in section 2(23) and/or rule 2(41) is eligible to file complaint against the “Procuring Entity” (H²uL¡l£) for having sustained loss because of its failure to discharge its duties towards the complainant or when there is a poss..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
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