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Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....s as the owner of the suit land as per terms of the agreement. The plaintiff neither entered into any contract with defendant No.3 nor with his attorney about the sale of the suit flat and she has no right, title and possession therein. Defendant No.3 died on 25-5-2006 leaving behind defendant Nos.4......bsp; Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 20......, 7 and 8 from the project by force and did not allow them to continue with the project and gave the charge to complete the unfinished work of the project to defendant No.9. That being the state of affairs, the plaintiff became frustrated and started looking frantically for defendant Nos.1, 2, 6, 7 ......id the entire consideration money. 16. From the judgment and decree of the High Court Division, it appears that the learned Judges of the High Court Division concurred with all findings of the trial Court as jotted down hereinbefore on consideration of the evidence on record, both oral and do..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......fter investigation into the case submitted charge-sheet against the petitioner on 18-6-1993 under section 19A and (f) of the Arms Act. 4. Thereafter the accused-petitioner moved an application before the learned Sessions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......cused-petitioner has become a major. 10. Though High Court Division in the cases of Md. Shamim Vs. State, reported in 19 BLD 542 and Monir Hossain Vs. State, reported in 53 DLR 411 held that the trial by the Special Tribunal in respect of an accused who was under 16 years at the time of commiss..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....ioner. 6. The petitioner in the Writ Petition has given a detail and date wise statement of facts about the steps that he had taken after passing of the impugned order. He further submitted that right after issuing of the impugned order the petitioner made representation to the respondent No.2,......the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy and sale foreign currency from the incoming and outgoing passengers. The said license was issued on yearly ba......business subject to certain restrictions imposed by law. The Court would always insist that an authority exercising such a drastic power of cancellation acts strictly according to law and always with fairness." 8. Mr. Munshi also cited the decision of Bangladesh Telecom Pvt. Ltd. Vs. Bangladesh......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......etitioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by t...... to this defendant in passing the decree for specific performance of contract against him. The learned advocate has argued also that the courts below did not consider that the plaintiff taking unfair advantage and also by fraudulent activities obtained the alleged bainanama and as such it ......nd and they have been residing therein and the defendant has got no other homestead to reside in. That the case of the plaintiff is absolutely false and as such is liable to be dismissed. 4. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. 5...Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
.... appellant Ikhtiar Rahman to kidnap the victim-child, while P.W.1 herself is an eyewitness to his (victim’s) rescue. There is no reason to disbelieve their evidence and therefore, the learned Judge rightly passed the judgment and order of conviction and sentence. 10. We have considered the sub......n Damon Case No.79 of 2002 convicting the appellants in both the appeals under section 6(1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 and sentencing each of them thereunder to suffer imprisonment for life with a fine of Taka 5,000/- (five thousand) only in default to suffer rigorous imprisonment...... 27.9.2005, challenging which the convict-appellants filed these two jail appeals separately. 8. Mr. Md. Aminur Rashid, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that the case against the appe......, submitted charge sheet on 7.5.2002 against both the appellants under sections 6 (1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 (hereinafter called the Ain). 5. The case, after being ready for trial, was sent to the Nario-Shishu Nirjatan Damon Tribunal, Jhenaidah and was registered as Nari-o-..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....que includes "account payee cheque" also. So we find no substance in the contention of the learned Advocate for the petitioner. 14. Now let us see whether the Bank being Complainant can have any right to file a case under section 138 of the Negotiable Instruments Act in absence of "any person" ......tion of the legislature which has been expressed through the medium of words. To interpret is not to restrict or to expand the meaning of the statute which, in truth, it intends to convey. So every effort is necessary to make a statute workable and not to render it ineffective by giving a meaningl......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......1)(b) of the Negotiable Instruments Act but the accused-petitioner did not respond for which having no other alternative the complainant-opposite-party filed all these CR cases in order to secure the trial of the accused-petitioner for committing the offence punishable under section 138 of the Negot..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ause in the agreement allowing termination of the same, and liquidated damages having been paid as stipulated, the subsequent unilateral ultimatum in the legal notice dated 09.07.93 does not give any right to the Vendor to terminate the agreement for sale. He next submits that under section 35(c) of......Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 1...... given case, a decree of specific performance may not be refused by the Court. The learned Counsel points out that in the facts of the instant case, there is no question of the plaintiff having any unfair advantage; nor the performance would cause hardship on the defendant which she did not foresee;......Suit No.4 of 1998. Both the First Appeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1996 of the plain..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
.... others were recorded with different shares. Syed Abu Mohammad Mosarraf Hossain Chowdhury the mautwali of Syed Moazzem Hossain Chowdhury used to possess the land of suit plot No.1029 in his khas right and the said land was also recorded in his name in his khas khatian. That the recorded zaminde...... Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by th......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......suit land. 6. The defendant No.14 also entered appearance and filed written statement supporting the case of the plaintiff. But ultimately this defendant No.14 did not remain present during trial, of the suit and did not adduce any evidence in support of his pleading. 7. The defendant..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......ias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Motahar Hossain Saju, Deputy Attorney General, instructed by Mr. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.08 of 2012. Judgment Muhammad Imman Ali J. - Delay of 02 (two) days...... Court of Sessions, Madaripur to the Druto Bichar Tribunal No.1, Dhaka by gazette notification that S.R.O. No.348-Ain/2010 published under the signature of the Assistant Secretary, Ministry of Home Affairs on 14.10.2010. Challenging the said transfer, the petitioner filed Writ Petition No.624 of 201...... the Penal Code and also submitted another Charge-Sheet No.89(ka) under sections 3/4 of the Explosive Substance Act against the accused-persons including the accused-petitioner. The case proceeded to trial before the sessions Judge, Madaripur and charge was framed on 5.11.2005 under sections 302/326..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ...... Nahid Mahtab, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 657 of 2010. (From the judgment and order dated the 18th day of July, 2......ivisional Special Judge, he did not pay any heed to the same which proved the biasness of the Divisional Special Judge and created an apprehension in the mind of he accused that he would not get fair and impartial justice from him. After examination of P.W.1 on 9-6-1999 while prayer for ad......ntion of Corruption Act, 1947. Eventually, the case was transferred to the Court of Divisional Special Judge, Barisal for disposal and was registered as Special Case No.7 of 2009. It appears that the trial of the case had already commenced and after examination of as many as 23 prosecution witnesses..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....to the effect that all the courts below have duly considered the Advocate Commissioner's report and also the D.P. parcha produced at a very belated stage and the other facts and circumstances and rightly found that the pathway in between the land transferred and the land of the pre-emptors was n......itioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contigu......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......er opposite party No.1 was that the pre-emptors were not contiguous land holders, that there was a government road in between the case plot No.408 and Plot No.407 of the pre-emptors. 6. The trial court, on consideration of evidence adduced by both the contesting parties, allowed ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....o; 30. But due to the initial omission and the subsequent illegal extension made by the learned Magistrate and the Sessions Judge, the accused persons can not be deprived of the lawful right acquired by them after the lapse of 60 days after lodgment of the FIR. 31. Khurshid Alam ......the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan of the Dis......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......s that the FIR and the charge sheet clearly disclose the offence under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. 10. Khan further submits that the trial of the case has already commenced and therefore the provision of section 561A of the Code..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....the defence case but disbelieved the same because of the nature of the injury sustained by the victim. In the facts and circumstances of the case and the evidence on record, the High Court Division rightly found that the petitioner as the husband failed to explain as to how the victim received the......Division Bench of the High Court Division in Death Reference No.129 of 2003 heard along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Ses......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......d along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Sessions Judge, Hobiganj along with 9 (nine) others and was charged under section 3..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....lant was all along absent; he did not face the trial. Thus the evidence of the P.Ws. were kept in tacked and on the basis of the evidence adduced by the P.Ws. the learned Judge of the trial Court has rightly convicted the appellant under section 409 of the Penal Code read with section 5(2) of t......ng out of Pirgonj P.S. Case No.4 dated 11-2-2003 corresponding to GR No.56 of 2003 convicting the appellant under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suffer rigorous imprisonment for two month...... and 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) 113. ...... on 11-4-2003 against the convict-appellant under section 409 of the Penal Code. 4. On receipt of the charge sheet, the learned Magistrate sent the case to the learned Special Judge, Rangpur for trial. The learned Special Judge took cognizance of the offence under section 409 of the Penal Code...Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....orded by one of the member of a commission not by the commission as required under section 32 of the Anti Corruption Commission Ain, 2004. Moreover, in no way Anti-Corruption Commission preserves any right to sent back the case for further investigation where final report has been submitted by a com......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 reasonable inference can be drawn. There is no doubt that mens rea or criminal inte......
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.
......t mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by the prosecution during the course of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much f..
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. ......rruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corru......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. ......nserted Penal Provisions, but those were merely included in the Schedule of the Anti-Corruption Commission Act, 2004 which came into effect from 9-5-2004. It is a mere procedural of law in respect of trial of those offences having no bearing on the fact whether offences were committed before or afte..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. ......wdhury, Advocate-on-Record—For the Petitioner. Md. Aftab Hossain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the ...... 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. ......Daily Protham Alo' and obtained the work order in his benami. Consequently, respondent No.1 filed the petition of complaint. 4. On 10-2-2008, the leave petitioner surrendered before the trial Court and obtained bail. After that, leave-petitioner filed an application for discharging him..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......lationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has been made in Nari-o-Shishu Nirjatan Ain, 2000 for punishment of making false allegation, the provision of Code of Criminal Procedure and Penal Cod...... must be stopped from committing the same mistake again and again. 23. In view of above let a copy of this Judgment and Order be sent to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and he is directed to circulate the same to the learned Judges of the Nari-o-Shishu Nirjatan ......f section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 clearly speaks that the Tribunal only can take cognizance of the offence punishable under section 17(1) of the said Ain and proceed with the trial if a written complaint is made by “কোন ব্যক্তি” before it. If we read ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ...... One Masud Mahiuddin alias Masud accused Kalabagan P.S. case No.10 dated 24-9-2011 punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and R......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ....... 11. The accused-petitioner who alleged to have committed the offence of rape under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain cannot be allowed to remain on bail during the course of trial. 12. The ad-interim bail issued at the time of issuance of the Rule is hereby cancelled. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
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. ......1996 corresponding to Gangni Police Station Case No.11(11) 1996, dated 18-11-1996 convicting him under section 19A of the Arms Act, 1978 and sentencing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to t......the other newspaper (the Daily Chuadanga Barta) being a local newspaper ex-facie failed to meet the requirement of sub-section(6) of section 27 of the Special Powers Act and such being the state of affairs, the petitioner was prejudiced in his defence inasmuch as he was quite in the dark about the......er submitted charge-sheet No.03dated 25-1-1998 against the principal accused Md. Bazlur Rahman along with the accused-petitioner and others under sections 19(1) and 19 A of the Arms Act. 4. At the trial, the accused-petitioner and others were charged under sections 19(f) and 19A of the Arms Act..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
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