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State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....ithout corroboration. If their presence at the scene of occurrence cannot be doubted and their evidence is consistent with the surrounding circumstances and the probabilities of the case, it can be a good foundation for a conviction, more so, if the medical evidence available corroborates their stat......evidence of these witnesses and convicting the accused-respondents. The learned Judges of the High Court Division without application on their mind on a superficial consideration of the evidence on record gave the accused-respondents the benefit of doubt. In view of the above, we find that the H......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
....xtended time, the authority shall consider such statement together with all materials relating to the charge and if after such consideration, the authority is of the opinion that-
(a) there is no good ground for proceeding against the accused, it shall withdraw the charge and the proceeding shal......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......tmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner in his petition has stated that he joined the service under the Government of Bangladesh as Deputy Superintendent of Police Class‑I on 21.8.73 i..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......5.10.86 who framed charge against them under sections 148/448/379 of the Code of which they pleaded not guilty and prayed to be tried. 4. The learned Magistrate on consideration of the evidence on record convicted the accused persons under sections 448 and 379 of the Penal Code and sentenced each......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....se in 20 DLR (HCD) 501 is not attracted in the facts of the present case. 17. In PLD 1972 Karachi 174 the appellant Kaysons was a pledger and the respondent was a Bank with whom it had pledged its goods. The Bank filed a suit for recovery of money. The appellant filed an application for obtaining......re the institution of the suit that the defendant No. 1filed Title Suit No. 449 of 1961 for part of the above mentioned land claiming that he had taken settlement of the land from one of the original recorded tenants Sudhendu Nath Roy Chowdhury in 1960 B.S. and by fraudulent suppression of the summo......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......two witnesses including her herself as PW 1 and the defendant examined three witnesses including one of its Lower Division Assistant as DW 3. 5. The Trial Court on consideration of the evidence on record decreed the suit in part allowing specific performance of contract only to the extent of 0.05...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....and it was described as such in the receipt Ext. B. From evidence it will appear that this security was not for the purpose of assuring the payment of rent but as security for keeping the premises in good order. On the other hand, the defendants in their written statement mentioned the amount as loa...... the defendants and hence the defendants are liable to be evicted from the suit premises. The Trial Court decreed the suit on contest and the Court of appeal below on consideration of the evidence on record dismissed the appeal preferred by the defendants and the judgment and decree of the Trial Cou...... in favour of the plaintiff and against the defendants. So the main controversy before the Trial Court was whether the defendants were habitual defaulter and whether the tenancy was determined by the service of notice under section 106 of the Transfer of Property Act and accordingly they are liable ..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......tment and the finding of the House Rent Controller on the point of default will have no binding effect on the SCC Judge while deciding the suits on merit. That after consideration of the materials on record and after hearing the learned Advocates of both the sides I am of the view that the petitione......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....o inextricably mixed, up and the prevention of public injury and the vindication of public justice require it that recourse may be had to Article 226 of the Constitution. But then the Court must have good and sufficient reason to bypass the alternative remedy provided by statute. Surely matters invo......ail of the statutory remedy under section 30 of the Special Power Act. Whether or not the accused person had such a reasonable opportunity is a question of fact to be decided in each case upon case records and no hard and fast formula can be laid down to settle the criteria in advance." 18. In ...... Bangladesh, 49 DLR (AD) 111 and Bangladesh Bank Vs. Zafar Ahmed Chowdhury, 56 DLR (AD) 175. 17. In the first case, Nesar Ahmed was tried in absentia by the Special Tribunal No.3. Noakhali without service of notice prescribed by law and he was convicted under section 19(f) of the Arms Act and sen..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......poration and she was promoted to the post of Information Officer in 1973. The petitioner was again promoted to the post of Deputy Manager on 23.12.80. The petitioner had unblemished and clear service record. On 8.10.87 she availed forty days recreation leave and went outside Bangladesh. On her way b......atan Corporation and she was promoted to the post of Information Officer in 1973. The petitioner was again promoted to the post of Deputy Manager on 23.12.80. The petitioner had unblemished and clear service record. On 8.10.87 she availed forty days recreation leave and went outside Bangladesh. On h..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....oyed to a great extent the effect of the evidence‑in‑chief and therefore one could not take an incomplete deposition of the witness and pay any attention to it. The learned Judges held that was a good argument and they decided to exclude her incomplete statement. The learned Judges referred to a......dmissible but that the weight to be attached to such evidence should depend upon the circumstances of each case and that, though in some cases the Court may act upon it, if there is other evidence on record its probative value may be very small and may even be disregarded." 7. This principle was ......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......cording to her evidence, her two sons Md. Nadir and Md. Amanullah were minors” is not sustainable as being based on surmises and conjectures and also has been passed in ignorance of the evidence on record. It is not denied that before the war of liberation the petitioner had been living in Chittag......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....he absconded accused as manager and partner respectively of Meghna Jute Baling purchased 500 bales of jute from Amin Jute Baling Co. under a written contract. But in spite of the delivery of the said goods and repeated demands the accused did not pay the price. Petitioner's appeal before the Session......nsidering his status as a former Union Parishad Chairman Learned Magistrate granting bail on 19.12.84. Thereafter on 17.3.85 after hearing the prosecution and defence and considering the materials on record as well as petitioner's application to discharge him from the case Court below rejected the p......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......al of this court. A luxury litigation, defying the decision to settle the dispute "once and for all" through arbitration of a very high power committee of the Government, should not be encouraged. In recording disapproval I seek support from the judgment of Blagden J, and am tempted to quote a quota......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ted in 1955 PLD Lahore 575 wherein it has been observed as follows: "the mere fact that a witness is related to the victim of a crime is no ground for discarding his statement unless there be some good reason for doing so. Rather it would be the desire of such a witness to see that the real cu......hers under sections 147/ 148/149/447/324/326/436 of the Penal Code, but after the death of the victim Tajur Muluk some more sections including section 302 were added. P.W.12, Siddiqur Rahman formally recorded the First Information Report and entrusted one Abdus Samad, Daroga of the Teknaf Police Sta......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......late the decision of the court and those matter may be considered as privileged communication to settle the matter outside the court only. 10. On the face of these submissions we have perused the record meticulously, examined the paper annexed with the application including the tender notice dat...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ...... her son. 3. On receipt of the said complaint, the Magistrate sent it to Lakshmipur police station with a direction to treat it as an ejahar and do the needful. In compliance therewith, the police recorded Lakshmipur Police Station Case No.4 dated 6.1.1998 under section 302/34 of the Penal Code. ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....le is the statement of the victim; but dying declaration it can be made the basis of conviction only when the Jury are satisfied beyond all shadow of doubt that the man who made the declaration had a good opportunity of recognising his assailant, that he did not recognise the assailant, and that he ......ceased succumbed to his injuries on 7.9.87 in the hospital. 3. The police took up the investigation of the case, visited the place of occurrence, examined witnesses under section 161 CrPC and also recorded the statement of the deceased Md. Abu Sayeed at Rajshahi Medical College Hospital on 5.9.87......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75....... Such beating becomes excessive when the wife provocates the husband. We do not know what was the reason for beating victim Rahima Khatoon by her husband accused Abdul Khaleque as there is nothing on record about the same. But from the facts proved it is clear that the victim Rahima Khatoon did not ......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....t will read as follows: “On the basis of the report of the local enquiry on a complaint against the mutwalli of the above mentioned estate, the mutwalli is excluded from Mutwalliship and for the good administration of the Waqf estate a committee of five members mentioned below is approved tempo......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....s that rule 32 is a special penalty and is not a specific method of execution of a decree in terms of the decree. 18. I have already answered partly against these reasons. The second reason sounds good as a broad principle, but does not, as indicated by me, fit in with the provisions of the Code.......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
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