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Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......ne at the instance of either the instant accused-petitioner, or at the instance of any other accused of the said complaint case. As the MoU has remained totally in abeyance of any use, so there is no question of anyone taking any advantage through its use. The MoU has never been disclosed. He presse......f Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for another period of four (4) months. 2. The relevant facts for disposal of the Rule is that the complainant-opposite-party No.2, a shareholder of Expor..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......accused petitioner AKM Fayekuzzaman in a easy way fraudulent converting the blank cheque. 14. Mr. Habibur Rahman, the learned Advocate for the accused petitioner AKM Fayekuzzaman in reply to the question of settlement of the matter of section 138 of the Negotiable Instruments Act by the High Co......ously the accused wrote a letter to the Bank to stop payment because only 10% of the work was done by the complainant but more amount of bills was already withdrawn by her. 6. In view of the above facts and circumstances of the case, the points for determination is whether the case of the compl..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......l, Canada failed to provide performance security required by Regulation 36 (2) of the PPR, 2003, the petitioner as the next lowest evaluated tenderer is legally entitled to be awarded the contract in question. 21. It is contended on behalf of Respondent Nos.2 and 3 that the Review Panel gave deci...... not be declared to have been without lawful authority. 2. On the date of issuance of the Rule the operation of the impugned order was stayed and subsequently extended from time to time. 3. The facts leading to the issuance of the Rule, in brief, are: The petitioner, Eddystone Broadcast, is..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......he signature of the accused Sajid Hossain is Ext.9/6‑7. In cross‑examination on behalf of the co‑accused Sajid Hossain he stated that accused Sajid Hossain signed in English and he asked him question both in English and Urdu. He further stated that he can understand Urdu quite well and can ...... in the confession and that is why he made the confession and this has been consistently stated by him in answer recorded under section 342 of the Code. The learned trial Court did not consider these facts at all. He also failed to consider that as against a co‑accused, the evidentiary value of a ..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......acing the impugned Judgment and other materials on record, submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree of partition as complicated question of title was involved in the suit when no prayer for establishment of title was made by the......er the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus the Court of appeal below shirked its responsibility in deciding the appeal on merit. In the facts and circumstances stated above Court of appeal below acted illegally in allowing the appeal an..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ...... confessional statement he followed the procedure laid down in the Rules, that he gave sufficient time to the accused for reflexion and also cautioned him accordingly, that he explained in Bangla the question in column 5 and in that respect he noted down the reply of the accused, and on his satisfac...... and then handed him over to police. He denied the defence suggestion that no occurrence took place as stated by the prosecution at the time and in the manner or that they were suppressing the actual facts about the murder of Safer and Rashid, because if the truth is disclosed then their won men wou..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......ce Marshal (Retired) AK Khandker recorded under section 161 Cr.P.C. by the Investigating Officer. 12. So far the confessional statement of the accused petitioner herself is concerned, it is a very questionable document as has been observed by the Appellate Division of the Supreme Court while hear......or circumstantial evidence like the conduct of the parties including their acts, words and writings. Conspiracy being a matter of inference Lord Mansfield observed "that the evidence as to the actual facts of conspiring must be collected from collateral circumstances." 10. On the other hand, in t..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ntion of the legislature 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..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......which the names of the Petitioners, in particular, are notably absent, thereby implying that payments remain outstanding on their respective shareholdings. This in turn has led the Petitioners to question the very authenticity of these revised reports. The petitioners further contend in this reg......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..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. ......elegated as such and also in pursuance of section 16 of the General Clauses Act, 1897 the Director General of River Research Institute being the appointing authority lawfully drew the proceeding in question against the petitioner and passed the impugned order dismissing the petitioner from the ser......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)
....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......f Razzaque, Afzal, Sakra, Rajib and Samja are around the place of occurrence. He denied the defence suggestion that Saleka died by hang and he did not investigate the case properly. 24. The moot question for determination is whether the victim Saleka was hanged herself or she was killed by th......alia, is that they have been falsely implicated in the case; that they did not kill the victim 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..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......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..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....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. ......s allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." From a plain reading of the above rule, it is abun......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..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......ff's possession and for permanent injunction was incompetent and, as such, it was not maintainable and consequently, the consideration of the plaintiffs prayer for temporary injunction was out of the question. On appeal it appears from the appellate Judgment that the learned Subordinate Judge made t......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..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. ......ited by the plaintiff With the said Bank in the FC account was not ordinary deposit but was placement of funds under special contract bearing interest when FC account did not cam any interest and the question whether the said transaction constitutes a loan (ঋণ) within the meaning of section 2(Kh......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. ..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. ......covered from the accused. But the case of the accused persons is that those were Bangladeshi sarees and they are Feriwalas and they were going to sell the sarees in the village. So, the most relevant question in this case is to decide whether the sarees which were seized are Indian sarees or not. ......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. ..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. ......No.2 for purchase of the said Goods as well as Annexure X-1, being the Memo dated 12-5-2008 issued by the National Board of Revenue granting permission to respondent No.1 for purchase of the Goods in question. 8.Elaborating his submission, Mr. Huq contends that respondent No.6 is a bonafide purch......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......r alia, that the vessel 'MV Padma' did not encounter any high storm during her voyage from the port of Singapore to Chittagong and the container was stowed much high the water level and, as such, the question of the container being damaged due to contact with saline water cannot arise and moreover, ......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..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....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.
......, 2003 (Act No. VIII of 2003); section 34 (9)
The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortgaged property in question.....................................(13)
Lawyers Involved:
Ms. Farida Akhter Chowdhur......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..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ...... Advocate - For the petitioners. Mohammad Nazrul Islam, Advocate - For the opposite party. Civil Revision No.1674 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 22.01.2006 passed by the learne......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..Category: Civil Law | Date: | Hits: 181
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