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Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......p;………………….(28)
Proof of Mens Rea
In the true nature of things it is not always possible to prove dishonest intention without the help of any evidence, oral or circumstantial. It can only be proved by number of circumstances for which a reaso..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......th law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......minal Procedure, this Court can not embark an enquiry as to whether allegations and materials on record are reliable or not. Those are purely functions of the trial Court to consider with the help of evidence to be adduced by the parties. It may so happen that quashment of a criminal proceeding befo..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......s criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......ment and other papers on record. The High Court Division noticed that the complainant brought some allegations against the petitioner and that those allegations could only be settled on adducing evidence and that the learned Magistrate was competent to do that. The High Court Division found tha..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......d not be read over and explained to him and the trial of the case was concluded in absentia. 5. After hearing both the prosecution and the accused present in the dock and on an assessment of the evidence and materials on record and in view of the facts and circumstances of the case, the Learned..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......n 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......tendered one witness. 4. Mr. Nurul Islam Sujan, learned counsel appearing for the appellants assailed the judgment mainly on the ground that the conviction of the appellants is based upon no legal evidence on record. On the other hand, Mr. MK Rahman, learned Additional Attorney-General supports t..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......he receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... under section 17 of the Securities and Exchange Commission Ordinance, 1969 has been disclosed against the petitioners in it. Whether the allegations are false or true it will be decided after taking evidence and at this stage when prima-facie case have been disclosed within the mischief of section ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......ovember 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sus...... Vs. Fajal Ahmed & others.........................Respondents Judgment November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiff..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......im and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any evidence or circumstances to show that he had exclusive possession over the spot or that none else..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......m their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ...... to cross-examine them. 9. After closure of the prosecution case, the accused were again examined under section 342 of the Code of Criminal Procedure again they repeated their innocence and led no evidence in defence. 10. The defence case as it appears from the trend of cross-examination of th..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......own the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......r Section 26 as per the decision of the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir reported in 62 DLR (AD) 290. 10. I have gone through the petition of appeal and the evidence adduced by the P.Ws. and the decisions cited by the learned Advocate for the appel..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......y of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......t November 17, 2011. Result: The Appeals are allowed. Evidence of interested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......y order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......e-emptee-petitioners had no knowledge of the preemption miscellaneous case does not hold good. 12. The learned Judge of the single Bench further found that though opposite party No.1 in his evidence as P.W.1 said that notices of the preemption miscellaneous case were duly served upon th..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......f the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......not an essential element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......ers …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of t......behalf of the opposite-party (State) submitted that the appellate Court being a final Court of fact passed his judgment without error on considering the materials on record, law, fact and sifting the evidence both oral and documentary setting-aside the illegal judgment of the Trial Court occasioning..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... compliant to be held by a Magistrate or any other person and then on receipt of enquiry report and if on consideration of such report and petition of complaint is satisfied that there is prima-facie evidence in support of the complaint, may take cognizance of any offence under the Ain against any a..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......owever, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......ed 5th January, 1965 and the delivery of possession of the property pursuant to such agreement in favour of their predecessor and that the High Court Division erred in considering an inadmissible evidence, exhibit-M, a written statement filed by Hasan Ali Driver in the earlier suit admitting ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......sides, as she argues, that on a plain reading of FIR there reveals a prima-facie case as alleged against the accused-petitioner, the truth or otherwise of the same can only be decided on a trial upon evidence both oral and documentary. 9. Be that as it may be have heard the learned Counsel appe..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......titioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. ......it is alleged that the cheque in question was securing cheque in order to adjust the liability of the bank. The contention of the petitioner is defence materials which can only be decided by taking evidence. 15. To meet the arguments of the learned Advocate for the petitioner, it is said that t..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ...... is also Reported in: ...... instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the private documents exhibited in this suit was proved by adducing sufficient evidence through appropriate person? Is the plaintiff is entitled to the decree as prayed for? ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......urn or postpone the prior criminal case. The defense plea as taken by the learned Advocate for the appellants cannot be considered by this Court at this stage. He will get ample opportunity to adduce evidence and prove his case in due course of trial. In such a position we do not think the present c..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
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