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Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ...... the opposite-parties to show cause as to why the proceeding of GR No.176 of 2008 corresponding to Kotowali Police Station Case No.05 dated 02-4-2008 under section 420 of the Penal Code now pending before the Metropolitan Magistrate Court, Dhaka should not be quashed. 2. Brief facts necess......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ...... charge-sheet under sections 406/420/506 of the Penal Code, on 05-10-2008. 6. Thereafter, the case record was transmitted to SKM Tofayel Hossain, the Metropolitan Magistrate, Dhaka for trial. On 15-4-2009 he framed charge under sections 420/406 against the accused-petitioner along wit..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arrest to Appeal touch the individual in vital matters. Since a criminal trial involves human issues the right to a "fair trial" figures prominently. Admittedly there is no eye witness of the occurren...... Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced......as to be struck between chance possibilities as good enough to set the delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country fro...... be struck between chance possibilities as good enough to set the delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arr..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. ......e Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall, unless he proves that the offence was committed without his kn......); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall, unless he proves that the offence was committed without his knowledge or that he exer&s......aid fact of taking of cognizance the petitioners voluntarily surrendered before the High Court Division and obtained anticipatory bail and they are now on bail. 12. The case being ready for trial the case record was sent to the learned Metropolitan Sessions Judge, Dhaka and the case was re..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)
.... being in possession of the suit land sold the same in favour of Tullai Bibi in the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gift dated 2......Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others ......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. ......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 sustainable in law. Plaintiff is t..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. ......ing 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 has excess to it, cannot make him liable for conviction under Section 19A and 19(f) of the Arms Act ……………………………(35) ......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. ......ed charge sheet against the present convict appellant and another under Section 19A of the Arms Act. 5. Eventually, the charge sheeted accused persons including the present appellant were put on trial before the Druta Bichar Tribunal No.2, Dhaka and charges were framed against the accused per..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....hould not be believed. He adds that the body bore multiple injuries which were anti-mortem and homicidal in nature. Therefore, the Court below after considering the materials and evidence on record rightly convicted the accused which calls for no interference by this Court. 14. No one appears i...... Ziaul Karim J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Sherpur (briefly as Tribunal), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of ...... to the deceased, and she committed suicide and deposing falsely. 20. P.W.2 Sharmin Akter, daughter of the deceased. She deposed that while her parents were locked into altercation over family affairs, she happened at the PO at 10-00 AM. She resisted her father who then left out from the hous......g arisen out of the common Judgment. These have been heard together and are being disposed of by this Judgment. 5. The prosecution case as projected in the first information report and unfurled at trial are that Mosammat Sakhina Khatun alias Sakhina (since deceased) elder sister of Md. Jahangir A..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....y Mr. Alamgir, but in the present case no statement was submitted by the present appellant. Thus even if for technical reason the appeal is allowed, but the Anti-Corruption Commission has a right to issue fresh notice under Section 26 as per the decision of the case of Anti-Corruption Comm......arned Senior Special Judge, Feni in Special Case No.1 of 2007 convicting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruptio......opportunity to respond to the notice, otherwise, it is no notice in the eye of law. A notice issued under section 26 of the act to a detenu, away from his hearth and home, cannot be said to be a fair and bonafide exercise of power." 13. In this particular case the appellant admit......he learned Senior Special Judge, Feni framed, charge section 26 of the said Act and 15 Kha (2) / 5Kha(3) /15Kha(5) of the said Rules, 2007 by order dated 24-4-2007. Since the appellant at the time of trial was absent, the charge could not be read over to him. 5. During trial the prosecution exa..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
.... examination on the dead body of Atiar Rahman and found the following injuries: 1. Two cut throat injuries at the front of neck extending from 1" below the left angle of mandible to that of right cutting all great vessels, muscles, nerves, laryn, pharynx. 2. One cut injury at the uppe......Judgment ANM Bashir Ullah J. - This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the learned Sessions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul conv......mely, P.Ws. 1, 2, 5, 13 and 15 but none of them, except accused Rafiqullah Kha, was named in the FIR. If the aforesaid spot witnesses in fact recognized the said accused they were normally and in all fairness expected to discuss this matter of recognition among themselves and their names would have ......reference, criminal appeal and jail appeals have been heard together and are being disposed of by this common judgment. 2. The prosecution case, as projected in the FIR and also unfurled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the informant and P.W.1 Md. Ha..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.....(62 & 63) Doctrine of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by d......ation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in th......r withdrawing it has been communicated to him and he has been given an opportunity to comment thereon. (2) Even legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate ......allocation of frequency in UHF band V Channel No.40-50 9 Frequency 622-702 MHz vide letter dated 23-11-2001 submitted a proposal to the respondent No.1 for setting up a privately owned terrestrial and satellite television channel. The respondent No.1 on receipt of the said proposal issue..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
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. ...... upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-emptor fai......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. ......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. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....with the inquest report as well as with the testimony of the eye witness. Thus the court below having been found that the deceased was murdered in the hands of absconding convict Matiur Rahman @ Mati rightly and legally found him guilty under section 302 of the Penal Code and awarded him sentence of...... Motive not a necessary ingredient of an offence While trying a case under section 302 of the Penal Code or hearing an appeal involving that section, the Court must not consider first the motive for the murder. Because motive is a matter of speculation which is not a necessary ingredient of an ......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. ......er section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in the FIR and also unfurled at the time of trial, in short, is that deceased Tarun Kumar Saha is the younger brother of informant Arun Kumar Sa..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... with others Khatian and Dags against the predecessor of the plaintiff before the concerned Revenue Officer and after hearing of both parties, it has been found that the predecessor of the plaintiffs rightly and properly has taken settlement in the year of 1353 BS from the Muktagacha Estate through ......Appeal No.160 of 2003 reversing the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petit......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... as plaintiffs instituted a suit for declaration. The defendant Range Officer contested the case. The defendants contested the suit on presentation of a written statements. The learned trial Court was pleased to decree the suit in favour of the plaintiffs by his Judgment and decree da..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
..... ……………………….(11) The decision of the Bank, if any, is unilateral, the Bank has the competence to take its decision and by the same token has for the best interest of the Bank right not to implement it and give it a go by. Mere communication of the decision to the borrowe......nt October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of ....... Wadud Bhuiyan learned Senior Counsel appearing on behalf of the petitioner submits that the Board of Directors is the controlling body of the bank and its decision is final in matters of the affairs of the Bank. The resolution to write off taken by the Board has the force of law and is bindi...... provides a glaring example of abuse of the process of Court by an influential person in order to avoid huge liability he admittedly owes to the Bank in the form of loan taken in the name of industrial project. He moved the entire power corridor no less than the office of Prime Minister, the Sp..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....the first information report as well as other materials clearly indicate that the accused appellants conjointly committed the murder of victim Halima Khatun for the cause of dowry. So the Court below rightly framed charge against the appellants which calls for no interference by this Court. 6. In......alek Khokon who later on demanded Tk. 3,50,000/- as dowry to her with a view to go abroad. On her refusal to pay the accused tortured and assaulted her. Subsequently the accused murdered his daughter for the cause of dowry. Then the accused gave out a story of committing suicide by hanging. The p......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......n 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing but the defence plea. Be that as it may the propositi..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....cree against a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the contract.................................dgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently t......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. ......e to the plaintiff’s contract and that the defendant Paresh having no subsisting interest in the suit property, the suit for specific performance is not maintainable against them. 3. The trial court decreed the suit against the contesting defendants and ex-parte against the defendant Pa..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....Under the situation we cannot even deal in minute details whether or not the FIR discloses any offence as alleged against the accused-petitioner since it is apparent that at a very initial stage i.e. right alter the lodging of the FIR the petitioner obtained the Rule and stay before taking cognizanc....... This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......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. ......ure one. Besides, 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 C..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....ord. It is the admitted position that the accused-petitioner filed the said Power of Attorney before the Assistant Commissioner, Land, Narayanganj in a mutation proceeding for correction of record of rights in their favour. It has been decided by our Apex Court that the Revenue Officer acting in mut......ate Acquisition and Tenancy Act, 1950 is not a court, although the same officer acting in a proceeding under section 144 of the said Act is a court in view of Rule 39 of the Tenancy Rules, 1955. Therefore, filling of forged documents before the Revenue Officer acting under section 143 in mutation pr......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... the Rule has no substance and the same should be discharged. 8. In the result, the Rule is discharged. Accordingly, the order of stay granted earlier by this Court stands vacated. The concerned trial Court is directed to complete the trial of the case as expeditiously as possible as the case i..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....very arising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Sessions Judge, Naogaon on appreciating the said legal aspect rightly took cognizance of the offence. She further submits that there is no legal ground in the ins......out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh and busi...... 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. ......ook cognizance of the offence. She further submits that there is no legal ground in the instant Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial and, as such, the Rule is liable to be discharged and stay be vacated. 10. In order to appr..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....s have come to this Court bonafide. Pendency of the two cases filed long after initiation of the present case cannot be a ground for stay. In that view of the matter the learned Judge of the Tribunal rightly passed the impugned order. 8. We have considered the submissions of the learned Advocates......hishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that re......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 case. The learned Judge of the Tribunal heard the application, rejected the same and framed charge against them, while discharged two other co-accused from the case. 4. The case was fixed for trial on 9.11.2008, when the appellants filed an application under section 344 of the Code of Crimin..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....t, no parents can level any stigma on the character of their minor daughter only for dismissing a person from service and get their relation transferred to his post. The learned Judge of the Tribunal rightly considered this aspect of the case in passing the judgment and order of conviction and there......r in Nari-o-Shishu Nirjatan Damon Case No.23 of 2000 convicting the appellant under section 10(1) of the Nari-o-Shishu Nirjatan Damon Ain and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka 20,000/- in default to suffer rigorous imprisonment for another ...... 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: ......submitted charge sheet on 6.7.2000 under section 10(1) of the Nario-Shishu Nirjatan Damon Ain (herein after referred to ‘the Ain’) against the sole appellant. 3. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur and was registered as Nari-..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
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