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State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....Sikder, Liaquat Lashkar and Jamai Farooq shall be known as condemned prisoners and convicts ldris Jamai and Abdus Sabur shall be pictured as convict-appellants. Convicts Ayub Munshi neither presented any Jail appeal nor regular Criminal appeal and he will be known as convict Ayub Munshi. 6. Lifeb......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... in respect of telephone call of Abdus Sabur, telephonic conversation, arrival of Abdus Sabur in the house of PW 36 and discussion between Abdus Sabur and Fatik and their departure from the house and proceeding towards KhuIna are consistent and not at all discrepant. Discrepancy in respect of demand..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....forged since they never subscribed to the deed and they claimed that the deed was brought into existence by false personification. Mr. Karim submitted that learned Joint District Judge did not commit any error in appointing a receiver, which would prejudice none. He also cited a case of Ramji Ram an......ceiver was ill advised and mala fide. It was also claimed that appointment of a receiver would result in mismanagement and destruction of the property. 9. It also appears when the suit reached the stage of peremptory hearing and recording of deposition of plaintiff No. 2 by an Advocate Commission......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
.... under sections 406/420 of the Penal Code and, as such, the proceeding being illegal is liable to be quashed. He submits that there was business transaction in between the parties and the offence, if any, is of civil liability for which no criminal proceeding would lie and, as such, the proceeding b......d warrant of arrest against the accused-petitioner fixing 6‑2‑2000 for execution and return of the same. The accuse-petitioner surrendered before the Court and was enlarged on bail. It is at this stage the accused-petitioner moved this Court and obtained the Rule in which all further proceedings...... Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of C..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
.... of the Court itself, the trial Court ought to have decided the same upon making all enquiry as contemplated under section 8C of the Court‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in th......examined by the defendants and it was concluded so far the plaintiffs witnesses were concerned. Thereafter, when examination of the witnesses on behalf of the defendants was about to commence at that stage the defendants filed an application praying for return of the plaint presumably under Order VI......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
....r filed an incorrect report showing service return and on 25-9-1993 one Mastafar Ali filed an application praying for adjournment on behalf of the petitioner though the petitioner had no knowledge of any such application and adjournment was allowed by the respondent No. 2. Subsequently two dates wer......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......s Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause why the initiation of the proceedings of Miscellaneous (Eviction) Case No. 67/93-94 of the Office of the Assistant Commissione..
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....n the Deputy Commissioner, Sunamganj and opposite party No.1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are t......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......d Alam Khan submits that since the allegation of forgery along with criminal misconduct are available in the present case against the accused-petitioner as well as two public servants, the criminal proceeding is not barred under section 195(1)(c) of the Code of Criminal Procedure. In support of hi..Category: Criminal Law | Date: | Hits: 42
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....th the application for an expert opinion only to avoid filing the counterfoils of the rent receipts. 8. Lastly, he submits that in the facts and circumstances of the case, the Court did not commit any error in rejecting the application for an expert opinion on the ground that the Court itself cou......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......es with admittedly genuine signature in Monindra Vs. Mahalaxmi Bank, AIR 1945 PC 325 and Gannanianeedi Madhavayya and another Vs. Gannamaneedi Achamma and another, AIR 1949 PC 325................ the proceeding is still pending in the Court below and sufficient guidance has been given by the long li..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....perty Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. 4. In the application, it was stated that the appellant company had seven industrial units on said land and 300/400 people were Working there. In special LA Cas......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......f 1992. By an order dated 2‑8‑94 this Division directed the Government to make final assessment of compensation of the land within a period of six months from date and to complete the acquisition proceeding by gazette notification. When the respondents did not take any step within the period fix..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
.... the petitioner appearing with learned Advocates Mr. Shahiduzzaman Chowdhury and Ms. Bulbul Rabeya Bann, advanced three-fold arguments which are as follows: Firstly, the accused side was not given any opportunity of hearing before taking action on the petition under section 540 of the Code of Cri...... it. So, according to him, it is to be presumed that the prayer was rejected. Thirdly, the name of these two witnesses were not included in the charge‑sheet. So, their examination at the belated stage after examination of thirteen witnesses was nothing but an attempt to fill up the lacuna of th...... for just decision of the case. 14. Now let us examine the power of the Court under section 540 of the CrPC which reads as follows: “Any Court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness, or examine any person in attendance, tho..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....tained the present Rule. 7. Mr. SM Rezaul Karim, tile learned Advocate for the petitioner, submits that tile learned Additional District Magistrate discharged the accused‑opposite parties beyond any legal norm. By his impugned order he took into consideration the deeds of transfer submitted by ......the accused only when he finds from the materials on record the allegation to be groundless. There was hardly any scope on the part of the learned Magistrate to consider the defence materials at that stage. The learned Magistrate discharged the accused-opposite parties mainly on consideration of d......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....the accused‑appellant No.1, in the aforesaid Nari‑O‑Shishu Nirjatan Daman Case No. 24 of 2002 under section 4(1)/11(Ka)/30 of the Nari‑O‑Shishu Nirjatan Daman Ain, 2000. In the meantime as many as 15 PWs have been examined and cross‑examined and the accused‑appellants and two others we......able to the court and under section 540 of the Code of Criminal Procedure a court has power to recall any witness and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essen......40 of the Code of Criminal Procedure a court has power to recall any witness and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essential to the just decision of the case..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....ide businessman and for his protection he was given a licence in 1998 to hold a Rifle and he renewed the said licence from year to year and it has been renewed upto 2002 and that he did never violate any terms and conditions of the licence at any time nor even disturbed public peace in any manner an......bove "elementary and essential principles unless the same had been expressly excluded by the enactment empowering him to so act. 19. We have noticed that the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the......xcluded by the enactment empowering him to so act. 19. We have noticed that the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping himself in complete darkness and then presenting him with a..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... prisoner with the murder of Jannati Khatoon is the confessional statement of the condemned prisoner and it having narrated about the murder of one Topi and since the prosecution has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confess...... evening she asked the relations and neighbours to look for her and thereupon they started looking for her but did not find her. They again started looking for her on the following morning and at one stage during the search dead body of Jannati was found in the sugarcane field to the east of Chandih...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e subject to BJMC's FOB/CNF standard Contract. One of the conditions was that the Corporation would not sell standard B Twills, cut size Twills and Binola B Twills to Sudan below 10,000 bales against any single offer at a rate of US $ 40.00/100 bags up to 30‑11‑1998. But on 13‑10‑1998 the Co......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting jute goods, as plain..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....of the trial Court is to consider the record of the case and documents submitted therewith and then after hearing the parties if he considers that there is no sufficient ground for proceeding against any accused he may discharge him recording the reasons for so doing. The learned Advocate then submi......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......the mandatory duty of the trial Court is to consider the record of the case and documents submitted therewith and then after hearing the parties if he considers that there is no sufficient ground for proceeding against any accused he may discharge him recording the reasons for so doing. The learned ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....ite of the fact that one Md. Younus Sarder who is alleged to have lodged the GD entry has disowned the same which is the basis of the complaint/FIR and, as such, the impugned order being not based on any papers as to the claim made by the opposite party No. 2 informant and not in accordance with law......made keeping in view of the supplementary affidavit filed on 15‑2‑2004. This contention of the learned Advocate for the accused petitioner for quashing the proceeding cannot be considered at this stage in view or submissions of the charge-sheet Annexure H (2) to the supplementary affidavit filed......titioner for which the impugned order is liable to be quashed. It is also argued that there is no ingredients of the offence under sections 406/420/467/468/471/109 of the Penal Code and, as such, the proceeding in question should be quashed and this submission for quashing the proceeding has been ma..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....eed with the criminal cases. He further submits that section 138(3) of the Negotiable Instruments Act itself makes it abundantly clear that both can go together. Section 138(3) says, 'Notwithstanding anything contained in subsections 1 and 2 the holder of the cheque shall retain his right to estab......s enlarged on bail on 29‑1‑2000 by the learned Magistrate and the charge was framed against the accused on 23‑4‑2001 and 4‑11‑2001 was fixed for appearance of the witnesses. It is at this stage the accused petitioner moved this court and obtained the Rule and stay of proceeding of the pe......d. Ashfaqul Islam J.- This Rule was issued under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 n..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....onsent by the trial Judge. Confronted with the present position of law and the decision of the Appellate Division the learned Advocate for the petitioner however found it difficult to press the point any more. In reply to the second branch of argument as to requirement of Notification as to t......ions 420/109/468/109/471/109 of the Penal Code read with section 5(2) of Act 11 of 1947 and (7) seven witnesses have already been examined out of 10 (ten) witnesses cited in the charge-sheet. At this stage the Special Public Prosecutor, Khulna enclosing a letter of the Government filed an applicatio......s of Special, Judge.‑ (1) The provisions of the Code of Criminal Procedure, 1898, except those of Chapter XXXVIII of that Code, shall so far as they are not inconsistent with this Act, apply to the proceedings of the Court of a Special Judge and for the purpose of the said provisions, the Court of..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
.... Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of Madhya Pradesh AIR 1975 SC 149; Md Hossain Omar Cosra Vs. KS Dalipsinghji and others AIR 1970 (SC) 45, Bhubany Saha Vs. King, 2 DLR (PC) 39, War Ali Vs. State 14 DLR SC 174. GS Bokshi Vs. State AIR 1979 SC 5....... 46. Mr. Malek submits that admittedly the police has examined PW14 on 22‑10‑1999 and the Magistrate has examined PW19 on 26‑10‑1999 and as these witnesses have been examined at a belated stage and as there has been long delay in lodging the first information report, the conviction of ac......ons Judge has allowed the prosecution to exhibit the seizure lists and used them along with the allege confessional statement of PW2 in this case. Evidence recorded in one case may be used in another proceeding under section 33 of the Evidence Act under certain conditions. This section is not applic..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....ht that Selim Sikder and Salam Kha dragged him out of the house and at the call of Selim, Babul Sikder fired at him by firearm. He denied defence suggestion that Ismail Kha did not state the names of any accused persons. 15. PW3 Parul Begum is the daughter of deceased Ismail Kha. She claimed to b......ust be given and the same cannot be brushed aside. A dying declaration enjoins almost a sacrosanct status a, a piece of evidence as it comes from the mouth of a person who is about to die and at that stage he is not likely to make a false statement. Court's duty is to scrutinise the statement and to......ouse was adjacent to the house of Ismail Kha intervened by C&B Road and he, on hearing the shouting from the house of the Informant PW1, woke up and he and his younger brother PW6 Farook had been proceeding towards house of occurrence and heard sound of firing. He further stated that when they w..Category: Criminal Law | Date: | Hits: 54
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