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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. ......volved: Abdul Quiyum, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. A. K. M. Shahidul Haque, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2131 of 2009. (From the judgment and order dated 02.07.2009 passed by the ...... 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. ......l-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the suit. 6. The trial court decreed the suit allotting a separate saham for 4.96 acres of land to the plaintiffs. Ag..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ally interfere into proceedings at the stage of investigation under section 561A of the Code of Criminal Procedure, the writ jurisdiction is the appropriate forum for protecting the fundamental rights, sufferings of reputation and harassment of innocent persons. The respondent appears in pe...... power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benche......etitioner moved a petition under section 561A in the High Court Division on the ground amongst others that the proceeding was instituted for malafide purpose as per order of the Ministry of Home Affairs. This Division repelled the contention on the reasoning that this is not a legal ground for q......e with law. Further, the respondent is also a citizen of Korea and thus, the question of discriminatory treatment does not arise at all to the appellants. Article 35 guarantees rights in respect of trial and punishment. No question of improper trial or illegal conviction or torture or cruelty ari..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
.... and the exploders are the members of JMB. He adds that although there is no direct evidence against the accused but considering the terrorism in this country and circumstantial evidence the Tribunal rightly convicted the accused. He adds that soon after the occurrence two accused made confessions w......ed-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate ...... alleged offence. Not to speak of other accused, the makers theirself could not be convicted upon such statements inasmuch as they did not implicate themselves at least in the alleged offence, in all fairness prosecution should have examined them as witnesses instead of making them accused, so that ......g arisen out of a common judgment. These have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report and unfurled at trial are that on 17-8-2005 while SI Lutfor Rahman (P.W.1) along with Constable Abdul Mannan (P.W.2)..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....Rin Execution Case No.340 of 2005 and got delivery of possession through the process of the Court. The High Court Division in the backdrop of the matter held that the plaintiff could not claim any right or interest in the suit property since the disputed property in question was sold in auction ......titioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- record-For Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a s...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......ntiff in a suit for declaration of title, confirmation of possession and perpetual injunction moves this petition against a judgment and order of the High Court Division which affirmed that of the trial Court rejecting its prayer for temporary injunction pending disposal of the Suit. 2. Pet..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....itioner, who was a public servant, as the Manager of IFIC Bank, Tultikar branch, is exclusively cognizable and triable by the Special Judge. Accordingly on 12-3-2005 the Senior Special Judge, Sylhet, rightly took cognizance of the offence against the petitioner. Sub-section (5) of section 6 of the C......twali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank, Tulti...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......d Advocate for the petitioner adds that the Magistrate of the Court of cognizance accepted the police report and thereby discharged the petitioner and did not send him to the Court of Session for his trial. In that case the Senior Special Judge consisting of the Sessions Judge, Sylhet, had no jurisd..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
.... filed Other Class Suit No.13 of 1984 and obtained ex-parte decree and got kabala of 5 gandas of land through Court. But it is the case of plaintiff that before this kabala, defendant did not get any right, title, interest and possession of the suit land. Defendant Nos.9 to 14 had enmity during life......and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ......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. ...... hand, submits that, submissions of the Advocate for the plaintiff petitioner are merely on technically as after long 20 years of the filing of the suit the suits cannot be sent back on remand to the trial Court as no fruitful result would be available in remanding the suits. Learned Advocate for th..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......han, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by th......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......n made within the period stipulated by the Court, the decree was drawn up on 30.07.1991. The petitioner-Bank thereafter preferred First Appeal No.836 of 1991 claiming that the interest ordered by the trial Court at 6% per anum was too low and prayed that the interest may be ordered to be paid at 16%..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......han, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by th......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......n made within the period stipulated by the Court, the decree was drawn up on 30.07.1991. The petitioner-Bank thereafter preferred First Appeal No.836 of 1991 claiming that the interest ordered by the trial Court at 6% per anum was too low and prayed that the interest may be ordered to be paid at 16%..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....whatsoever. 9. Mr. Kamal-ul-Alam, on the other hand, contended that the pre-emptees did not raise the point of defect of parties at the earliest opportunity, for which, the High Court Division had rightly interfered with the judgment of the Court of appeal below holding that since this point had ......nd being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he......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. ......he land by purchase. They have got their names mutated upon separation of the jama and have been paying rent. The case is hopelessly barred by limitation and also bad for defect of parties. 6. The trial Court allowed the pre-emption and on appeal from the said judgment, the Court of appeal below ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....s. The State (1997) 5 BLT (HCD) 3, Nuru Mia Vs. State (1998) 3 BLC 423 and Momtazuddin and Another Vs. Yakub Ali (1994) 46 DLR (AD) 13 cited by the learned Advocate for the plaintiffs-petitioners and rightly found that the facts of those cases were different from the instant case. 8. Having gon......Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by th......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ty Nos.1-7 preferred Title Appeal No.115 of 1992 before the learned District Judge, Magura and the learned Joint District Judge allowed the appeal on setting aside the judgment and decree of the trial Court by the judgment and decree dated 31.5.1992. Feeling aggrieved by the judgment and d..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......I of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... against the accused-petitioner under the said section of the Act, 1881. The accused petitioner surrendered before the Chief Metropolitan Magistrate, Dhaka and obtained bail. The case being ready for trial, the record of the case was transmitted to the Metropolitan Sessions Judge, Dhaka who took cog..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
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. ......;………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code...... 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. ......e bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the court or otherwise to secure the ends of justi..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......nal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent...... inter alia, that she was a girl of 12 years and was a student of class VII at Talbaria Secondary School. Respondent No.1 used to tease her very often on her way to school and proposed her for love-affair. On the date of occurrence, respondent No.1 along with his accomplices abducted the complainant......by his order dated 26.9.2007 under the said sections of the Ain and discharged co-accused Riaz Uddin as there was nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 i..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
.... that the accused appellant committed an offence punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2002. He submitted that the Tribunal after considering the evidence on record has rightly and lawfully found the accused appellant guilty of the offence punishable under section 10 o......he Nari-O-Shishu Nirjatan Daman Ain, 2000 and convicting him thereunder to serve a sentence of 3 years rigorous imprisonment and to pay a fine of Tk. 5,000/- in default to undergo simple imprisonment for 3 months more. 2. The prosecution case, in short, was that the P.W.1 Selina Akter, Office Ass......ore discharged from his bail bond as he is on bail 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: ...... 4. That case was transmitted to the Nari-O-Shishu Nirjatan Daman Tribunal, Dinajpur and was registered as Nari-O-Shishu Case No.276 of 2006. 5. The accused appellant was granted bail and he faced trial. The Tribunal framed charge against the accused appellant under section 10 of the Nari-O-Shish..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....nd without describing properly cause of action is running with formal defect, it appears that defendant Nos.4-8 claimed purchase from defendant No.1 whom authority found while correcting record of right of BS Khatian to be a fictitious person, did not admit that he sold land defendant Nos.4-8 an...... The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meani...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......eal (CPLA) No.40 of 1974 which was dismissed on 12-6-1974 where it has been held that 'It occurs to us that there is no force in the contention that the High Court Division did not notice that the trial Court while allowing the plaintiff prayer did not assign by reason. Of course, the trial Cour..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....sp; May 26, 2011. Result: Both the applications are allowed in part. Delay condonation – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original ......hich have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass conseq......3 of 2007 stated that there has been a history of dispute and mistrust between different directors and share-holders of the respondent No.1 company, which is very likely to jeopardize a free and fair election of directors of the respondent No.1 company. The petitioner also mentioned that Compan......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. ..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. ......ushtia Police Station Case No.17 dated 29.1.1991 corresponding to D.A.B. G.R. No.2 of 1991(Kushtia) convicting him under Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one ye...... 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. ......tia after investigation submitted charge sheet against the accused Sk. Nurul Islam and another under Sections 409/420/109 of the Penal Code read with Section 5(2) of the Act II of 1947 to stand their trial. 3. Charge under Sections 409/420/109 of the Penal Code read with Section 5(2) of the Act..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: ......tha Rin Adalat, Bogra, in Artha Rin Case No. 326 of 1994 dismissing the suit. 2. The plaintiff appellant instituted Artha Rin Case No.326 of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that th......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: ......efendant had to incur a loss of Tk. 36, 14,000/- which the plaintiff was entitled to get back. Thereafter, on the basis of an application filed by the defendant on 21.04.1999 the learned Judge of the trial court issued a show cause notice to the plaintiff bank to show cause as to why the shop of the..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
.... by the defendants, directed against judgment and decree dated 26.2.2007 passed by the learned District Judge, Jhenaidah in Title Appeal No.41 of 2004 decreeing Title Suit No.107 of 2002 for easement right of pathway on setting aside the judgment and decree dated 24.4.2004 passed by the learned Seni......J.- This rule by the defendants, directed against judgment and decree dated 26.2.2007 passed by the learned District Judge, Jhenaidah in Title Appeal No.41 of 2004 decreeing Title Suit No.107 of 2002 for easement right of pathway on setting aside the judgment and decree dated 24.4.2004 passed by the....... 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. ......s mentioned of a road and defendant No.4 also admitted there is a road and plaintiffs has no other road. On consideration of this fact, learned District Judge, Jhinaidaha reversed the findings of the trial Court. 8. I have already mentioned that learned Advocate for the petitioners did not appear..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging, inter alia, that in the course of enq......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......m Khan, appearing for the Bureau, now Anti-Corruption Commission (ACC), with leave of the Court, submits that the grounds taken in this case are all questions of fact to be decided at the time of the trial and the impugned proceeding should not be interfered with on these grounds or at this stage. H..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
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