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Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....submission of the learned advocate for the petitioner to the effect that the prosecution could not produce any witness and the trial is delayed for no fault of the petitioner, we are of the view that justice would be met if a time is fixed to produce witness of the case. 8. Accordingly the rule i...... 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of the submis..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
....ion for bail and the impugned order. 9. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is fixed for concluding the trial of the case. 9. Accordingly the ....... 7. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 8. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 9. In view of the submissio..Category: Criminal Law | Date: | Hits: 64
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134....... only on the basis of the document, are not proper and correct inasmuch as no agreement for sale can be made in respect of any land whereupon the seller has no lawful authority to transfer and such document if made, is illegal and can not be enforced in any court of law. In the premises, we do ..Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....d as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision which has occasioned failure of justice. In support of his contention he cited the case of Abdul Gani Malitha and another Vs. Sharia......reliance on the decision of the aforesaid case reported in 16 DLR 157 as in that case it has been observed that “It is not necessary that whenever a person denies his signature or hand writing in a document it should be sent for expert opinion.” 12. In reply to the contention of the learned A..Category: Property Law | Date: | Hits: 89
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......uiry held under section 202 if there is no sufficient ground for proceeding. Under section 241A of the Code, before framing charge, a Magistrate is also required to hear the parties and consider the documents submitted along with the record of the case by the prosecution. In the impugned order thou..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ..Category: Employment/Service Law | Date: | Hits: 73
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....nce for indictment of the petitioner and that on the absence of violation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders to escape criminal justice inasmuch as the notice in this case is the tool together evidence on assets and it is in n......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
.... Communication and Ministry of Local Government regarding the dispute of ownership of the aforementioned roads, the matter could not be settled. Thereafter, the petitioner served notice demanding justice upon the respondents for immediate settlement of the matter and to allow him to execute ......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..Category: Others | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....se before the learned Additional District Judge. Mr. Rokanuddin Mahmud, in the premises, argues that he is no inclined to press this petition on merit and this petition may be dismissed for ends of justice keeping the issue in dispute open with certain observations so that the petitioners will b...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....ow the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of law in passing the judgment dated 20-1-2002 which has occasioned failure of justice. 19. It is admitted that the suit land measuring 32 decimals appertaining to RoR plot No.......ed specifically. The contesting defendant alleges that her predecessor got the 'Kha' scheduled land by way of lease and the contesting defendant in order to succeed is to prove such assertion both by documentary and oral evidences. But the contesting defendant No 1, Ayesha Khatun, neither disclosed ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....on account of physical assault Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was performe......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......te defence lawyer. The trial Court however, appointed a State defence lawyer to defend all the 7 condemned convicts and co-accused Sultan. 8. To prove the charges, the prosecution adduced oral and documentary evidence by producing 44 witnesses and examined 35 of them. Nine of the prosecution witn..Category: Criminal Law | Date: | Hits: 224
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decision occasioning failure of justice. 8. Mr. Shamim Khaled Ahmed, the learned Advocate appearing on behalf of the opposite par...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....perverse, suffers from absurdity due to misconstruction of evidence on record by the learned appellate Court below and interference by the revisional Court has become imperative to secure the ends of justice. 9. Mr. Arun Kumar Bhattacharaya, the learned Advocate appearing on behalf of the opposit......amily Suit No. 11 of 1990. As such, the present suit is liable to be set aside. At the trial, the plaintiff examined 1 witness named Feroza Afroz, who is the mother of the plaintiff, and submitted no document in support of her contention. While defendant Md. Abdul Aziz examined only himself as DW 1 ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......ed, one by victim's father being Gulshan PS case No. 73(4) 98, and the second one being Gulshan PS Case No. 12(9) 98 lodged by himself (PW 1). In lodging the second case he consulted all the relevant documents of the first case. He has gone through the statements made by the condemned-prisoners Shah..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....nce on record. 31. This Court as revisional Court is to see whether the appellate Court has committed any error of law in reversing the decision of the trial Court which has occasioned failure of justice. 32. In all fairness, it must be stated that in the case of judgment of reversal, justice......osed on behalf of all the plaintiffs. The contesting defendant No. 19 examined 2 witnesses in support of his case. DW 1 is Abdul Sabur Howlader and DW 2 is Chand Fakir. 12. The plaintiffs filed no document in support of their contention but the defendant Nos. 1 to 3, 8, 9 and 11 to 13 deposed sta..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....dence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 of the Code of Criminal Procedure otherwise it would cause miscarriage of justice. In this regard, reliance can be placed in the case of State Vs. Monu Mia and others reporte......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ing proved that the beneficiary, seller had already gone bankrupt, there would be no chance of recovery of any money if Gemini or Southern was made to pay and that would lead them to 'irretrievable injustice'. 86. On our request, Mr. Mahmudul Islam was very kind enough to address us as an Ami......tly transferred to the plaintiff Gemini for US $ 2128,824.70 by the prime beneficiary, YK Garments Ltd of Dhaka. 5. Issuing bank PBL received the drafts drawn by the seller along with shipping documents in 5 separate lots from the KEB. Gemini received the documents despite certain discrepanci..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......ectness of the plaintiff case in his written statement. The learned Counsel further submitted that the High Court Division has failed to appreciate the evidentiary value of a Muktipotra if the said document is proved as a document regarding title and therefore, non-consideration of so on a docum..Category: Property Law | Date: | Hits: 74
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