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Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... appeal and thereby setting aside the judgment and order dated 14-9-2005 passed by the Artha Rin Adalat No.1, Bagerhat in Artha Execution Case No.111 of 2005 should not be set aside. 2. Material facts of the case, briefly, are that the opposite-party No.1, Rupali Bank Ltd represented by the Man......n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ......nfirmity in the impugned judgment or findings of the Court of appeal below are either arbitrary or fanciful or findings of the Court of appeal below, are product of misreading and non-considering the evidence on record. The findings of the Court of appeal below are, in fact, based on proper apprecia..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
.... Sadar, Chittagong dismissing the pre-emption case under section 24 of the Non Agricultural Tenancy Act or in the alternative under section 96 of the State Acquisition and Tenancy Act. 2. The facts, leading to this appeal, are precised below: The appellants as the pre-emptors filed Mis......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………â€......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....State reported in 1 MLR 164. 18. Lastly, Mr. Md. Hatem Ali submits that if the conviction is maintained by this Court, the death sentence of Tipu may be commuted to life-term imprisonment in the facts and circumstances of the case. 19. Mr. Md. Bahar Uddin Al-Razi, learned Advocate appearin......bsp; ......ion of mandatory provision, not curable Before recording confession, it must be explained to the accused that he is not bound to make a confession and if he makes a confession, it may be used as evidence against him. It is a mandatory provision of law. No Magistrate should record any confession..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
.... hold that the instant petition is maintainable. 19. We also hold that the decision cited by the learned Deputy Attorney-General, (where one of us was a party) is a fit case to apply in the facts and circumstances of that case. But where there is a flagrant departure from the rules to be f......cial Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule i......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... (in-charge), Gazipur in Miscellaneous Case No. 6 of 2004 rejecting the Miscellaneous case under Order XLI, rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filing of the above Appeal are that the appellant as pre-emptor filed Pre-empti......t Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is al......ication contending, inter-alia, that they acquired the case land by way of a registered exchange deed and, as such, the pre-emption case is not maintainable. 4. At the trial both the parties led evidence to prove their respective cases and the learned Assistant Judge by his judgment and order d..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....ime by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption......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 conÂfession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usuall..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....ime by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usually said to be the presumption.....................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 ...... an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usuall..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....e judgment and decree dated the 10th day of February, 2011 passed by the High Court Division in Appeal from original Decree Nos.357, 358, 346 and 327 of 2009 dismissing the appeals. 2. Identical facts and common questions of laws being involved, these petitions have been heard together and are ...... 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......udge of the Division Bench proceeded to dispose of the appeals with the adverse view as to documents produced by the respective petitioner before considering the respective case with reference to the evidence on record as is apparent from the observation made by him at the beginning of the judgment ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
.... 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 the Crim...... 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
....o.243 of 2009 affirming the judgment and decree dated 13.10.2009 and 15.10.2009 passed by the Joint District Judge, 1st Court, Barisal in Title Suit No.88 of 2003 should not be set aside.
2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the present petitioners ......his Case is also Reported in: 21 BLT (HCD) (2013) 51.
......nd that they have different forum for adjudication of their matter which lies in the respective jurisdiction of the Labour Court. The learned trial Court after framing six different issues and taking evidence of one witness from the side of the plaintiffs and one witness from the side of the defenda..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ublic servants and the allegation of abetment paddling against him is imaginary and unfounded and under the given context, the impugned proceedings should be quashed. He lastly submits that the facts disclosed in the charge-sheet having no tangible basis do not constitute any offence against t......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 ...... or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of materials collected by the prosecution are also matters for evidence and trial………….(33) Allegations of Abetment in Manipulating..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....petition, impugned order and other relevant Annexures appended to the petition. 6. The moot question that fails for consideration by this Division in this petition is whether under the facts and circumstances of the present case the impugned order was justified in terms of Order XXI, ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....quot; In the case of Syed Nazakat Hossain alias Ujjal Vs. The State 48 DLR-139 held: "Statements recorded under Section 164 of the Code cannot be treated as substantive evidence of the facts stated therein." Secondly: The absconsion of the accused soon-after the occurrence c......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......ge sheeted witnesses and the defence examined none. 8. After closure of the prosecution case the accused was examined under Section 342 of the Code and again he repeated his innocence and led no evidence in defence. 9. The defence case as it appears from the trend of cross-examination of t..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....through the impugned judgment of the High Court Division and the judgments of both the courts below. It appears that the High Court Division, on meticulous examination and consideration of all the facts, circumstances and evidence on record decided both the grounds pressed in the revisional appl......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..............ct Judge, Bagerhat which was ultimately heard and disposed of by the Subordinate Judge, 2nd court, Bagerhat. The appellate court, on the prayer of the plaintiff-appellants, accepted some additional evidence to prove the genuineness of the power of attorney-the exhibit-3 and on consideration of t..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....h J.- Although these two leave petitions have been filed against the separate judgments and orders passed by the High Court Division in two separate writ petitions, the parties being the same and the facts giving rise to these petitions being overlapped, they have been heard together and are dispose...... 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....................lf filed the application dated 16.02.2006. Thus, the filing of an application by petitioner No.2 on 16.02.2006 became a disputed question of fact and the same could not be thrashed out without taking evidence, so the High Court Division was perfectly correct in taking the said view. 13. Now, s..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....d 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 plaintiff fil......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)
....; not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty paid goods. 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner opened a ......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......tablish that the litigation is amongst Australian litigants and that plaintiff has undertaken to pay into Court on account of freight and other charges. It is submitted that the said foreign judgment evidences that the petitioner-importer was not a party to the proceedings suffering any claim, the p..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....e Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context, the impugned procee......1. ......the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context, the impugned proceedings should not be quashed. 14. Next,..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)
....n i of reduction of share capital to the extent of (Taka 3,16,80,000 + Taka 4,83,20,000) = Taka 8,00,00,000. 4. None appeared to oppose the application. 5. The facts, in brief, leading to filing of this application has been stated herein before. 6. It app......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...... 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 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
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