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State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....ime that it was committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility of the accused's presence at the place of the crime at the relevant time. Law does not expect the same standard of proof from the accused as from the prosecut......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....me that it was committed. But, it must cover the time when the offence is shown to have been committed, so as to preclude the possibility of the accused's presence at the place of the crime at the relevant time. Law does not expect the same standard of proof from the accused as from the pro...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135......................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... the witnesses. In the agreement, it was stipulated that defendant No.1 as the seller "shall apply for and obtain all necessary permission/clearance certificate" from RAJUK and to the other relevant authorities for sale of the suit plot in favour of the plaintiff and that the plaintiff wil......g plan from RAJUK. Engineer Humayun Reza resided at 157, Bara Mogbazar till his death on 2-2-2004. As Engineer Shamsul Kabir Humayun Reza was the resident of 157, Bara Mogbazar, in all the Government papers including voter list and passport, his permanent address was mentioned as 157, Bara Mogbazar ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......ively. Both deeds were registered in the same number being No.7198 and then deed No.7848 was given to the plaintiff’s father and the other deed being serial No.7849 was kept with the other documents in the file of the suit plot at DIT. The plaintiff’s father, Engineer Shamsul Kabir ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....2. At the time of issuance of the Rule, all further proceedings of the aforesaid Sessions Case No.118 of 2010 pending in the Second Court, Joint Sessions Judge, Jamalpur were also stayed. 3. The relevant facts necessary for disposal of the rule are that the opposite party No.1 complainant filed......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ...... Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....wer Rules, 2007, now pending before the Special Judge, Court No.3 Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgment ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t from a plain reading of the said F.I.R the offence, committed by respondent Nos. 4-8, appears to be heinous in nature and, therefore, respondent No. 4 ought to have registered the case under the relevant provisions of the Nari-0-Shishu Nirjatan Daman Ain or under any other rigorous provision o......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......e of Ex-Mp (Member of Parliament) Mr. Ashraf Hossain and the respondent No.1 also purchased another Jeep in the name of Ex-MP Mr. Md. Saidul Haq and that the accused Ashraf Hossain only signed on the papers to purchase the Jeep and that the price of the Jeep was paid by Mr. Mozaffar Hossain, the Sen......Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The le......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... In cross-examination he denied the suggestion that no prima facie case was found against the accused Mom Bhuiyan, P.W.10 Bimol Chandra Das, Senior Assistant Secretary. He deposed that at the relevant time he was Magistrate, First Class at Lakshmipur Police Station. He recorded the statement......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......te ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. Cases Referred to- Md. Jiaur Rahman Vs. The St......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imrnan Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others..............n statement denying the claim of the plaintiffs and consequently the suit was fixed for ex-parte hearing. On the date of ex-parte hearing the plaintiffs examined one witness and also produced some documents which were marked exhibits. But the trial court dismissed the suit by the judgment and o..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.... that though there were two petitioners in the writ petition, a supplementary affidavit was filed on behalf of petitioner No.1 only reiterating the stand taken in the writ petition and mentioning the relevant provisions of the two laws, namely: the Artha Rin Adalat Ain, 1990 and the Ain, 2003 and th......n filed by the Bank. On perusal of the order sheets, it appears that the Adalat by order No.15 dated 14.11.2005 allowed the prayer of the decree-holder to publish the notice of the auction in two newspapers: one in the ‘Daily Naya Diganta’ and the other in the local daily newspaper &lsqu...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others....................interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that the present opposite party as the plai......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why t......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....the freight) to the concerned Bank. Accordingly, the Bank delivered the duly endorsed shipping documents to the petitioner. Thereafter, petitioner submitted House Bill of Lading along with all others relevant documents before the Customs Authority for assessment, and on the basis of those documents ......e cargo to the concerned importers without customs clearance certificate, which GPA has no authority to allow delivery of the said goods. 42. From the records, we do not find any single scrap of papers whether the petitioner filed any application to get the cargo from CPA, so, how the petitione......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......ouse Bill of Lading against two shipments. Then, the petitioner paid the entire LC value (including the freight) to the concerned Bank. Accordingly, the Bank delivered the duly endorsed shipping documents to the petitioner. Thereafter, petitioner submitted House Bill of Lading along with all ot..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... decision in the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir reported in 62 DLR (AD) 290. 18. In order to substantiate his contention, learned Advocate takes us through the relevant paragraphs of that decision. 19. In order to address the submission made by the l...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......1. ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......h Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Grameen Solutions Ltd…........Petitioner Vs. Registrar, Joint Stock Companies and Firms..............Respondents Judgment October 15, 2012. Result: The propos......learned Advocate Mr. Junayed Ahmed Chowdhury appearing, along with the learned Advocate Sajeda Farisa Kabir for the petitioner, having placed the petition for confirmation of reduction alongwith documents annexed therewith as well as other materials on record, submits that after the propos..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....sing the judgment and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohs......A. Khatian Nos.882 and 883 containing that the previous Khatians 1163 and 1164 indicate those as C.S. Khatian but except mentioning C.S. Khatian the plaintiff failed to prove the same by any scrap of papers but the learned Appellate Court below failed to apply its judicious mind and thereby reversed...... This Case is also Reported in: ...... the PURCHASER”. 19. From the above description of the previous C.S. owner the plaintiff-opposite party established its ownership but the trial court without considering the above records in the documents dismissed the suit but the lea0rned Joint District Judge, Dhaka after perusing the records..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......orts along with the book of accounts from him without any concurrence of the petitioner and behind his back; when the petitioner approached Respondent No. 2 to provide the audit report along with the papers, but the Respondent No. 2 showing different reasons delayed to hand over the audit report and......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice......to press the rule or for opposite-parties to oppose the rule. 10. I have perused the judgment and orders of the Courts below on record very carefully. The learned Munsif, Debigonj considered the documents of the parties. After hearing the parties and considering the materials on record and in t..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......ted 23.11.2002. 8. We have considered the submissions of the learned Counsel appearing for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 9. In the impugned judgment, the High Court Division has observed that it ap......ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.........................llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....e and, as such, there is no cause of action for filing of the instant case against the accused-petitioner Engineer Afsaruddin Ahmed. 19. In order to address that ground, we have gone through the relevant provisions of law contemplated by sections 138 and 140 of the Negotiable Instruments Act, 1......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ...... ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21