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Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ...... The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......en witnesses. After closing the prosecution, the learned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense. The defense case as it appears from the trend of cross-examination that the app..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......peal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......h present within this country during the period of liberation war. The learned Additional Attorney General has argued that the Settlement Court considering this aspect and facts and circumstances and evidence before it rightly found that inclusion of the property in question in the list of aban..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......r the respondents. 9. Mr. Abdul Quiyum, the learned Senior Counsel has argued that the High Court Division without going into details of the case at all and without taking into consideration the evidence on record interfered with the concurrent findings of the trial court and the lower appellat..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......s of Section 397 by referring to the said annual return on capital in his complaint petition and, hence, it would remain open to the Court below to ascertain through examination of witnesses and evidence, whether the allegation of false statement in the annual return of the company." In Writ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....osions. They did not connect them with the offence charged. The confessions (Exhibits ৩ and ৩ক) are out and out exculpatory. So those were no confessions in the eye of law and as such those are inadmissible and must be left out of consideration. With this regard reliance is being placed in the...... Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......e offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the evidence lending assurance to such statements Moreover, the confession of one co-accused can not be ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......fendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......der legal obligation to effect delivery of the Bill of Lading’s quantity cargo? Has the plaintiff suffered any losses and damages? Upon such issue as framed by this Court the plaintiff led evidence of P.W. 1 Biswajit Saha and P.W. 2 Abu Jafar. The plaintiff exhibited various documents whi..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......ds. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......ugh on oral agreement for sale of an immoveable property is not barred by any law, nevertheless it has to be looked at with some suspicion unless such agreement is proved by convincing and reliable evidence and circumstances. The superior Courts of the Sub-continent usually discourage of a decree ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ...... allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ustified in disturbing the findings of fact arrived at by the Court of appeal below holding that the case is barred by limitation and bad for defect of parties, which are based on appreciation of the evidence on record. 8. Mr. Mahbubey Alam, learned counsel appearing for the pre-emptees appellant..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......arged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been based on ‘no evidence’ or otherwise to secure ends of justice..........(14) Proper use of section 561A..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
.... the accused appellant properly under section 342 of the Code of Criminal Procedure there has been caused a miscarriage of justice in convicting the accused appellant relying upon exhibit-3 which was inadmissible in evidence. The Tribunal measurably failed to discuss and consider the important and v......ail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......harge was read over to the accused appellant who pleaded not guilty and claimed to be tried. 6. The prosecution examined 13 P.Ws and P.W.9 was tendered for cross-examination. 7. The prosecution evidence was closed. The accused appellant was examined under section 342 of the Code of Criminal Pr..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......nd to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......sp; Mr. Karim then referred to section 31 of the Companies Act and submitted that a certificate under the common seal of the company specifying any share of stock held by any member shall be ex facie evidence of the title of the member to the shares. Mr. Karim then by referring to the consent given ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......ecords, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......ns were examined under Section 342 of the Code of Criminal Procedure but they claimed their innocence. Thereafter, upon hearing both the parties and considering the facts, circumstances and evidence on record the learned Special Judge passed the impugned judgment and order of convicti..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......d in: ......dering the pleadings of the parties, the Judge of the trial court framed as many as three issues. The plaintiff No.1 and defendant No.1 examined themselves as P.W.1 and D.W.1. After considering evidence adduced by the witnesses and the pleadings of the parties, the learned Judge, Artha Rin Ada..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ...... Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......issions of the learned Advocate for the opposite parties and judgments of the Courts below and exhibits. It appears that trial Court without discussing any exhibits filed by the parties, only on oral evidence of P.W.2 held that there are construction on the pathway. Learned Judge of the Appellate Co..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... submits that the allegation of commission of rape upon a girl of 12 years by a person aged about 55 years in a densely populated area in the morning is unbelievable. Moreover, as it appears from the evidence on record that the house of the accused is situated adjacent to the house of the informant ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......
......ll questions arising for determination of such petitions shall be decided ordinarily upon affidavits but the Court may direct that such questions as it may consider necessary be decided on such other evidence and in such manner as it may deem fit and in that case it may follow such procedure and mak..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......was valued at taka 10/15 thousand. After taking loan he became ill. He further stated that he informed the bank about his illness in writing but the bank did not receive it. He further stated that as evidence he could not file any paper. Since 1989 he was ill. He denied the suggestion that he did no..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ...... also Reported in: 65 DLR (HCD) (2013) 11. ......ore relief the plaintiff is entitled to get? 8. The husband of the plaintiff named Altaf Hossain was examined as the sole witness for the plaintiff and the following documents were admitted into evidence :— i) Dividend notice dated 29-6-1989 signed by the Secretary of the defendant N..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ...... the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......dant Nos.1 and 3 nor he deposed as a witness upon having summons served from this Court. Moreover, the defendant Nos.1 and 3 exhibited documents which being the photocopy, hit under Section 65 of the evidence Act 1876 and as such cannot be taken into consideration and therefore the legal implication..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......vation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......d be detained by way of punishment but whether the presence of the accused would be readily avail able for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidence." 11. Further reference may be made to a decision, reported in 3 BCR (SC) 50, in the..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
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