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Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
.... they went to visit their maternal aunt’s house. Suddenly Abdul Hashem caught her and forcibly committed rape upon her showing fear of knife and threatened her not to disclose the occurrence to anybody. While his daughter became pregnant for 5 months, he himself and his wife created pressure u......holding of Salish and with all fairness it can be held that there was no Salish at all over the issue of committing rape and making any assurance to pay fine by the accused persons. 35. At this stage the learned Counsel Ms. Rabiya Bhuiyan drawn our attention to the so-called Salishnama written......cord is to be considered as of no evidence. Further she submits that the apex court of this country has formulated some categories of cases where the High Court should interfere to quash the criminal proceeding and in the decision passed in the case of Abdul Quader Chowdhury and others Vs. The State..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ition, certiorari, habeas corpus and quo warranto.
12. The question is whether a person who is aggrieved but unable to file a formal application as envisaged under Art.102, should remain without any remedy, specially when Art.21 pronounces:
It is the duty of every citizen to observe th......e to him and after some time he was directed to proclaim the grace of the Lord of the Universe. But the people of Makkah fell upon him as tyrants and started to treat him with extreme cruelty. At one stage, one idolater asked the Holy Prophet to describe his Lord. The Lord himself revealed His Absol......ffairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or
declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....n the Court below are an abuse of the process of the Court. 5. On the other hand, Mr. Shirajuddin Ahmed, learned Advocate appearing on behalf of the complainant-opposite-party no. 2, fails to make any dent in the above submissions of Mr. Md. Khurshid Alam Khan; but he submits that in the facts an......the Court of the Chief Metropolitan Magistrate, Chittagong on the allegations, inter alia, that the complainant and the husband of the accused-petitioner were very friendly with each other and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lac from the complainant by way of......n Ahmed, Advocate - For the complainant opposite party no. 2. Criminal Miscellaneous Case No. 19057 of 2010 (An application u/s 561A of the Code of Criminal procedure, 1898 for quashment of the proceedings of the session case No. 1832 of 2009 u/s section 138 of the Negotiable Instrument Act, 1..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....s paid to the accused petitioner by Mr. Md. Habibur Rahman himself, in the office of the accused-petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council was also accompanying him. That, on 20-5-1999 another amount of Taka 7,00,000 (seven lakh) was also handed ove...... and framed charge on 8-4-2008 against the petitioner, as the sole accused, under section 161 of the Penal Code, 1861 read with section 5(2) of the Prevention of Corruption Act, 1947. 6. At this stage the accused petitioner moved this petition under section 561A of the Code, as a motion and obt......the instance of the accused-petitioner, a Rule under section 561A of the Code of Criminal Procedure, 1898 (the Code) has been issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.4 of 2008, arising out of Paltan Police Station Case No.89 dated ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... application on 01.10.1992 the plaintiff bank exempted Tk. 16,955/- as interest and panel interest, which was duly informed to the defendant on 05.10.1992. In spite of that the defendant did not take any benefit of exemption. The defendant intentionally avoided to repay the loan amount to the bank a......y the loan amount within the stipulated time mentioned in the sanction letter. The Manager of the bank gave several tagids to the defendant to repay the loan amount within the specified time. At this stage the defendant admitting his loan amount filed another application to the plaintiff bank for ex......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: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....ellip;…..........................Respondents Judgment May 8, 2011. Result: The appeal is allowed. share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. ......gnature in form 117. d) After receiving application from the defendant No.7 the Bank's Board of Directors scheduled a date for holding meeting upon transfer of those shares and at that stage the plaintiff with a view to be benefited illegally submitted an application on 5-7-1994 ......certificate in favour of the defendant No.7. The suit having filed after 5 years of said transfer is barred by limitation. e) The plaintiff after getting defeated in the High Court Division in a proceeding under section 158 of the Company Act got no locus standi to file the instant suit. The de..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)
....e Department Chittagong, Bangladesh....Proforma Defendants. Judgment May 4, 2011. Result: All the Issues have been disposed off. Case Referred to- Marine Oil Broking Company Pte Ltd. Vs. Daizu Maru, 55 DLR (HC) 471. Lawyers Involved Kamal-ul-Alam with Giasuddi......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: ......ved the invoice through which the receipt of the bunker by the master and chief engineer of the vessel has been proved, the maritime lien accrued against the vessel can be satisfied through the legal proceeding against the vessel itself in rem and as such the Admiralty Suit No. 27 of 2009 is maintai..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....n of "Salishder" not under the definition of a Judge and the same is beyond the scope of law. 9. In our humble opinion every Judge should remember that they are bound by law, not by emotion or any order extra judicial matters and every Judges must keep themselves above the emotion, gender, ca......ay the dowry money he was tortured and on the date of occurrence i.e. on 26-3-2010 at about 6-00 PM all the accused persons assaulted the sister of the informant causing serious injuries and at one stage the appellant forcibly poured poison in the mouth of his sister. On getting the information th......-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...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....aimed to be tried. Subsequently the case was transferred to the Special Judge, Sylhet and was renumbered as Special Case No. 123 of 2001. 5. The prosecution in order to prove its case examined as many as thirteen witnesses. After the prosecution was closed, the learned Judge examined the appellan......d received a secret information on 2.4.1991 that on death of the Officer-in-charge of Naoapara food godown, shortage of huge quantity of food grains were detected. He had initiated inquiry and at one stage handed it over to his successor Zakir Hossain (P.W.1). In cross-examination he stated that the......is innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....news of recovery of his daughter, the informant along with some others had gone to Uzirpur. In cross-examination he stated that he had lost his sense at the time of occurrence and was not examined by any doctor before he reached at Barisal in the next morning. He further stated that in going Uzirpur...... The accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24.4.1995. At one stage they entered into the house breaking the door and kidnapped her daughter Rina Begum. As she an......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.....1967 and No.2494 dated 10.2.1969 are illegal, collusive and not binding upon them. Their case, in brief, is that the suit land originally belonged to the landlord Mrinal Kanti Ghosh Chowdhury. A company named Bagda Firm Ltd. represented by its Managing Director, Anil Chakraborty was a tenant therei......tion to the Deputy Commissioner for eviction of the defendants and concerned section of his (Deputy Commissioner’s) office issued letter asking for police force to conduct the eviction; that at one stage opposite party Nos. 8-12 instituted Other Class Suit No. 98 of 1994; that the said suit was di...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....gment March 29, 2011. Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Ac......sion passed by the appellant on 23-5-1999. 41. Apart from that, about the approval of the plan in question, we found nothing about that the said decision being objected to by any quarters at any stage. 42. From the evidences it appears that no criminal offence has been disclosed against th......19-4-1999 to 23-5-1999 but the FIR was lodged on 9-8-2007 long after 9 (nine) years without giving any explanation. He finally submits that as per section 17 of the Building Construction Act, 1952 no proceeding shall lie against the government servant in respect of anything done in good faith. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... was the further case of the plaintiff that the defendant Nos.1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and, as such, they were not entitled to get any deed executed and registered through Court and the decree became infructious. The plaintiff......00. It was the further case of the plaintiff that the defendant No. 4 entered into the suit land as a vharatia under the present plaintiff on the strength of an agreement dated 28-2-1997. At one stage the defendant No. 4 started depositing rent with the Rent Controller under section 19 of the p...... the present appellants started Execution Case No. 20 of 1985 for Execution of the judgment and decree dated 30-11-1977 passed in other class Suit No. 41 of 1974 (exhibit-'ka’) and the proceeding of that case was stayed. It was the further case of the plaintiff respondent that before ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Chunnu Vs. State, 2011, 40 CLC (HCD)
....lip;…….Respondent Judgment March 15, 2011. Result: The appeals are dismissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W.......de. While the rickshaw reached infront of the Munna's pan-shop, 15/20 people tried to seize it prompting the deceased to run towards a lane on the western side followed by the said people. At one stage, the Appellant Rafi dealt him a knife-blow on the right chest followed by another blow in the ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
.... special provisions which have been incorporated in this law shall have to be followed in filing and adjudicating the Artha Rin Suits and that only where there is no specific provision as regards any procedure in the matter of filing and adjudicating the Artha Rin Suits, then only the provisio...... deficit court fee. This petitioner, as borrower defendant, appeared-in that Artha Rin Suit and filed written statement and ultimately the suit was ready for trial and trial also commenced. At that stage, on 25.9.2008, this defendant-petitioner filed an application under section 47 of the Artha Ri......ভুক্ত করিতে হইবে। 7. The above quoted sub-section (1) of section 6 has stated that the relevant provisions of the Code of Civil Procedure will be applicable to the proceedings of adjudication or disposal of the Artha Rin Suits provided these provisions of Civil Pr..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....and decree passed in Money Suit No.4 of 1974. The further case is that he was a Government servant and was posted at Barisal. While he was serving at Barisal without his knowledge and without serving any notice upon him, an ex parte Judgment was passed against him on 19-3-1974 and thus Execution cas......n the auction sale but did not consider that the petitioner got possession over the suit land immediately after the auction sale but the opposite party did not take any initiative at the earliest stage but long after ten years he filed this suit which is absolutely barred by limitation thus both......allowed to receive judicial approval from any Court of law whenever it is obtained by practicing fraud upon the Court; reason being fraud demolishes the very foundation of sanctity of such judicial proceeding. It is also established principle of law that fraud vitiates all judicial proceedings. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....ted at the 52nd Meeting clearly stated that these Regulations would apply to subsequent appointment of the Managing Director. Thus, the Regulaltions-2001 does not apply to the petitioner, but only to any subsequent appointee as Managing Director. 11. In the Detailed Inspection Report prepared b......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......e same time. No subordinate/delegated legislation can be made before enacting or promulgating, as the case may be, its parent law. Therefore, if the parent law expressly provides that any act done or proceeding taken under the parent law shall be guided or regulated by the subordinate law to be made..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... along with the Chairman went to Rajshahi and while staying in hotel his daughter appeared before them he then called his daughter to return home but the Chairman stopped him and resisted him to take any legal course and made him satisfy that he will settle the matter, accordingly he prepared a Sole......Shishu Nirjatan Daman Ain and disclosed that she is willing to go on her free will with her husband where she has married, we do not find any reason to send the victim on her fathers custody, at this stage. If at this stage, the victim is allowed to go to any where against her free will it may cause...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional ...... requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evidence to be produced.
When evidence was not adduced by the defendant at the trial stages, at the appellate stage he cannot claim as of his right, an opportunity to adduce evidence&he......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
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Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....b Ali Sheikh Vs. Director Land Records, Directorate of Land Records and Survey and others, 11 MLR (HC) (2006) 226; Province of East Pakistan Vs. Kshiti Dhar, 16 DLR (1964) (SC) 457; New India Tea Company Ltd. Vs. Bangladesh and others, 31 DLR (AD) (1979) 303; Shamsunnahar Salam and others Vs. Mohamm......ny portion of the proceedings referred to in rules 28 to 32 in respect of any district, part of a district, or local area shall be cancelled and that the proceedings shall be taken up fresh from such stage as he may direct. 42A. Correction of fraudulent entry before final publication of record-of......………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
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