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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. ......e was going there but he could not give any satisfactory reply. Then he informed the matter over walkie talkie to Superintendent Mr. KM Idris who ordered him to take the passenger to Customs Hall and accordingly he went there along with the passenger. At that time DC Customs Mr. Safiqur Rahman was a......��……………………………Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148......P.C. statement this co‑accused Sajid Hossain stated that his confession was not voluntary and on such confession of a co‑accused the conviction of the appellant Sohel Monir cannot be sustained in law without any independent positive corroboration. In support of his contention he referred the cas..

Category: Criminal Law | Date: | Hits: 100

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. ......0 and in default to suffer rigorous imprisonment for 6 months. The learned Additional Sessions Judge also found accused Haider guilty of offence punishable under section 120B(1) of the Penal Code and accordingly, convicted and sentenced him to suffer rigorous imprisonment for 10 years and to pay a f......��…….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State......me is not Haider Ali, but Mofazzal Ali Haider. Condemned prisoner Kamal Ahmed and Emdad at first jointly filed a jail appeals, but subsequently separate memo of appeals were filed by their respective lawyers and regular appeals were started. Mofazzal Ali Haider filed separate appeal. The other conde..

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. ......re were altercations and exchange of hot words between the petitioner and police officers including those of the CID and on every occasion they threatened the petitioner to teach a good lesson which, according to them, she would never forget in life. On 12‑10‑96 on search the law enforcing agenc......tioner Vs. State, represented by the Deputy Commissioner, Dhaka………………………Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997)......Abdur Rashid (who subsequently was promoted to the post of Lieutenant Colonel wherefrom he retired.). It is contended further that the petitioner wanted to see the search warrant but the personnel of law enforcing agencies failed to show any search warrant but forcibly entered into the house creatin..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......or this U.D. Case No.18 dated 14.10.1996 was started. During investigation of this U.D. case she filed a petition of complaint before the Magistrate on 17.10.1996 which was forwarded to the Thana and accordingly it was recorded as a F.I.R. Pursuant to such an F.I.R. the case was investigated upon by...... 424 of 2001 and Jail Appeal No.540 of 2001 are allowed. Lawyers Involved: S. M. Rezaul Karim with Mohammad Noor Hossain - For the Condemned Prisoner and Appellants. Golam Kibria, Deputy Attorney-General with Moklesur Rahman Zahid, Assistant Attorney-General - For the State. Death Refe......ed prisoner Seema Begum. There was no good relationship in between the condemned prisoner Seema Begum and her husband. Humayun used to live together with condemned prisoner Seema Begum, his sister-in-law and co-accused Moiful Bibi alias Saiera his Nani Shashuri. In the night at about 11/12 on 14.10...

Category: Criminal Law | Date: | Hits: 94

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)

....now well settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secure the ends of justice. Section 561 A of the Code reads as follows: "561 A. Saving of inherent power of High Cou...... informant and on 01.08.2004 asked the informant for a loan of Tk. 20,00,000/- against which he would repay him an amount of Tk. 80,00,000/- after 1 years. The informant agreed with the proposal and, accordingly, gave him an amount of Tk. 20,00,000/- on 10.8.2004 in presence of the witnesses Shah Ja......��………………Accused-Petitioner Vs. The State and another……………………Opposite Parties Judgment August 3, 2009. Result: The Rule is discharged. Cases Referred to- Khijir Haider and others Vs. The State, 13 MLR (AD) (2008) 157; Nazrul Islam Vs. The State, 1...... the accused brought for trial in respect of cases triable by a Court of Sessions and by a Court of Magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the docume..

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. ......6. 16. In that view of the Matter, this Court sees justification in this Application and finds overall merit in the same. Bearing in mind the observations and directions above, the Application is, accordingly, disposed of subject to the same. In keeping with the provisions of the Section 235 ......he 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. ...... with the Registrar along with the original audit reports. This has led the Petitioners to suspect the revised audit reports to be products of an afterthought manifesting in that regard inherently flawed attempts at responding to allegations of misappropriation made in this Application. 3. Ye..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....uthority of the petitioner. The petitioner preferred appeal on 16.4.2001 which was rejected on 4.11.2001 without any consideration on merit. Thereafter, the petitioner served a notice for demand of justice on 14.11.2002 through his learned Advocate Mr. Abdur Rab Chowdhury but to no effect. In thes......promotion to the post of Principal Scientific Officer, the Board of Governors of the River Research Institute resolved to revert the petitioner to his previous post of Senior Scientific Officer and accordingly, the order dated 9.7.2000 staying operation the order of reversion of the petitioner t...... Officer [PSO] of the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute represented by the Director General Harukandi, Faridpur District-Faridpur and others………………………………�......rfeiting his earned service charge as in Annexure-P and the rejection of his service appeal by the order communicated on 04.11.2002 as in Annexure-R should not be declared to have been passed without lawful authority and are of no legal effect. 2. Facts giving rise to the Rule Nisi, briefly, be p..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....ent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved beyond r......tinguish the chaff from the grain. It is the duty of the Court to disengage the truth from falsehood……………………(36) Tribunal adjudicating any judicial matter must administer justice according to law and must not allow itself to be influenced by emotions or personal notions, however......oving 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………………(25) Burden of Proof in a Criminal Trial The ......�Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved ..

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. ......orwarded them to the Court. During investigation he found a good prima facie case against all the accused persons. He also seized a plastic gallon Garikon, from the possession of the accused Jahangir according to his showing. The said container contained some amount of corrosive substances in its bo......e dated 30th September 2003, passed by the Acid Aparadh Daman Tribunal No.2, Gazipur, in Acid Aparadh Daman Case No.02 of 2002, arising out of Joydebpur Police Station Case No. 26(8)02. corresponding to G.R. No.812/02 convicting the accused-appellant (convict-prisoner) under Section 5(Kha) of the Ac......ng Mill in which the accused Jahangir was in employment. P.W.5 Abdur Rahim has been tendered, P.W.6 Most. Jesmin Akter is the wife of the victim (P.W.2), P.W.7 Abdul Malek, is the victim's brother-in-law who made a complaint to the P.W.4 prior to the occurrence against the accused Jahangir. P.W.8 Md..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....tiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff‑petitioner thought it wise and necessary for the proper and complete adjudication of the suit and in the interest of justice, to file an application on 14‑12‑85 praying for amendment of the plaint mainly with rega......f the learned Munsif (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 ......i J Abdus Salam................Appellant Vs. Korban Ali and another..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuruddin Ahmed Vs. Zafarullah ......re area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he also engaged one Mvi...

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such...... Secretary of the Asram that he, would very soon enter into the suit land, fell down the trees, fill up the tanks and start manufacturing bricks therein. The cause of action thus arose on 1-11-78 and accordingly the plaintiff instituted the aforesaid suit. After filing of the suit, he filed an appli................Appellant Vs. 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; Tara...... the impugned order of remand of Court of appeal below. His contention is, that there was no illegality in the Judgment and decree of the trial Court in dismissing the suits on a preliminary point of law as to the maintainability of the suit while disposing of an application for temporary injunction..

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. ......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. ......………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Result: The Rule is made absolute. Cases Referred to- Foley Vs. Hill, (1848) 2HL case 28; Rupali Bank Vs. Haji Ahmed Sowdager, 43 DLR 464=1991 BLD ...... to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No.2 Dhaka should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to refrain..

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. ......ntenced to suffer RI for one year and to pay a fine of Taka 500.00 in default to suffer RI for another month. The Judgment 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 D......istant Sessions Judge and Special Tribunal Judge, Sherpur in Special Tribunal Case No.12 of 1992 convicting the appellant under section 25B of the Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, ......om my above discussion I do not mind anything to show that both the accused were engaged in smuggling of Indian sarees. The above observation of the learned Judge was perhaps, due to misconception of law. The learned Judge failed to take notice of the fact that there were two sub‑sections in secti..

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. ......Mr. Fida M Kamal, the learned Senior Advocate appearing with Mr. Md. Ohiullah, Advocate submits at the outset that the petitioner has already issued a notice of arbitration upon the respondents and accordingly, upon issuance of such notice, the arbitration proceeding shall be deemed to have commen......r 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. ......ferred the matter to arbitration and in the event of his success in the said arbitration proceeding, he will be entitled to damages and compensation. Mr. Huq contends that it is a settled position of law that where damages and compensation are an adequate remedy, injunction cannot be granted and, th..

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. ......deliver the Cargo by the vessel was issued on the same date while the vessel 'MV Padma' took berth at Chittagong Port on 10-1-1997 along with the container of the plaintiff being No. HJCU888110-7 and accordingly the plaintiff arranged all customs formalities to be observed through his C & F Agen......of 1998. Judgment AFM Abdur Rahman J.- This Admiralty Suit filed by the plaintiff Mizanur Rahman Khan against the defendant No.1 American Liner Systems, USA, the owner of the Vessel 'MV Vladivostok Senator’ V-747, represented by its Local Agent: Aquamarine Ltd., defendant No.(2) Aquamarine L......defendant's mother vessel 'MV Vladivostok Senator' and in the feeder vessel 'MV Padma'. Such a cause comes under the provision of Section 6 of the Admiralty Courts Act, 1861, which was the prevailing law at the time of arising of cause of action of this suit. Section 6 of the said Act runs as follow..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....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. ......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. ......�………Respondents Judgment May 18, 2010. Result: The Rule is made absolute in part. The Artha Rin Adalat Ain, 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......tha Rin Adalat Ain, 2003 (Annexure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not be declared to have been made without lawful authority and is of no legal effect and as to why the impugned Order No.4 dated 20.11.2005 pa..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

....f law that the concurrent finding of fact of the Trial Court aswellas the appellate Court cannot be interfered with in revisional jurisdiction unless such finding is perverse occasioning failure of justice. Since there was no finding of exclusive possession of specific and separate share of th......inherited 13 decimals of land who died leaving behind two sons namely Abdus Salam and Abdul Kader who inherited his property and they by amicable partition dated 09.05.1988 distributed the land and accordingly Abdus Salam got 61/2 decimals of land from northwest portion and Abdul Kader got 61/2 de.......................Petitioners Vs. Md. Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and other......f Bangladesh and others reported in 42 DLR (HCD) 434 wherein it has been held: "Failure to give specification of suit land-the plaintiff having failed to comply with the mandatory requirement of law in giving description sufficient to identify the suit land, they are not entitled to any decre..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....rst information report, even if, are taken as true do not constitute an offence punishable under Sections 420/406/506 and as such the impugned proceeding is liable to be quashed to secure the ends of justice. 7. Mr. Subrata Chowdhury further submits that it transpires from First Information Repor......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......an, District-Dhaka.................Accused-Petitioner 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 other......r no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 25. After reading of the above noted principle, we find a clear view of law as it stands today that interference of this court in exercise of its inherent power under Secti..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......ecific Relief Act, and that the disputed land belonged to Rash Bihari Ghose, who inducted the defendant No. 2 in the disputed portion of the land and allowed him to live there by erecting houses, and accordingly he has been living with the members of his family (the present petitioners) in the dispu......isdiction) Present: Faruque Ahmed J Wazuddin and others.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and f......t No. 2, predecessor of the petitioners contested the said suit by denying the material allegations made in the plaint, contending, inter alia, that the suit is not maintainable, hopelessly barred by law of limitation, no cause of action has arisen for the suit and hit by Section 42 of the Specific ..

Category: Property Law | Date: | Hits: 106

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....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. ......n Adalat allowed the same, filed by the petitioner with a positive observation that in no circumstances decree-holder may have any right to get his claim more than 3 times of the principal amount and accordingly he passed the impugned order dated 22.3.2009. Annexure-A to the petition allowing the de...... Mohammad Anwarul Haque J SAK Md. Dabirush Shan J Standard Chartered Bank, 67 Gulshan Avenue, Dhaka-1212, represented by its Senior Manager Grotip Special Assets Management and constituted attorney Ms. Nadia Mizan.........................................Petitioner Vs. Artha Rin Adalat......o.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. ..

Category: Civil Law | Date: | Hits: 186

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