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Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....ul Haque Vs. State reported in 6 BLD (AD) 216 = 38 DLR (AD) 75 this Division observed that a witness may be tendered by the prosecution if his evidence is not much important or his evidence will make unnecessary addition to the evidence already adduced by other witnesses. Sometimes a witness is......roof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of their evidence being favourable or unfav..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
....ularly with reference to the proviso to sub-rule (1) of rule 58 of Order XXI, CPC. Meanwhile, further proceedings of the Execution Case in question shall remain suspended but in the event of any unnecessary delay if caused by the opposite-party No. 1 the learned Joint District Judge shall be at......Judgment
Nozrul Islam Chowdhury J. - This rule was heard and it was discharged on 26-2-2013, after going through the typed copy of the judgment it transpires that a re-hearing is necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hear..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....ot a sanction, at all. Moreover the number of case as has been started arising out of the self same occurrence is also against the provision of law, which can also vitiate the trial in order to avoid unnecessary suffering to the accused-persons. 8. On the other hand, Mr. Md. Khurshid Alam ....... 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....n Miscellaneous Case No. 6 of 2004 disallowing the Miscellaneous Case under Order XLI, rule 19 of the Code of Civil Procedure. It also appears that the impugned judgment has dealt with some unnecessary facts in deciding an application under Order XLI, rule 19 of the Code of Civil Procedure............Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Co..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....me of witnesses recorded by the Committing Magistrate were transferred to the Sessions record without summoning them on the ground that their evidence were of a formal nature and with a view to avoid unnecessary expenses to the State and the order of the learned Sessions Judge was acquiesced in by t......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011...Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... inference of involvement in the crime. Mere abscondence cannot always be a circumstance which should lead to an inference of guilt of the accused. Sometimes out of fear and self respect and to avoid unnecessary harassment even an innocent person remain absconding for sometime. With this regard......d Md. Ziaul Karim J.— This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....iscovery of “an application dated 05.04.2003 filed by the respondent No.2.” If such practice is allowed, there will be no end of litigation and the other side(s) shall be subjected to the unnecessary harassment particularly, when the matter arises out of a decree passed in an artha rin s......swami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record- For the Petitioners (In both cases). None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From th..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ideration to benefit the government rather it has been done randomly and without following any legal procedure for such change with a corrupt intention and such kind of silent corruptions are causing unnecessary huge number of litigations and sufferings to the holder of valid documents, thus, such a......nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
.... the respondent before him and to dispose of the application as expeditiously as possible. In this connection it may also be pointed out that the respondent No. 2 is expected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him.......pellate Tribunal, Dhaka in Appeal No. 349 of 2011 affirming the order dated 8-4-2011 passed by the respondent No.2, 2nd Labour Court, Dhaka in BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the said BLL Ca..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....n. In deed section 167(5) shall have to be read with section 173(1) of CrPC. As per sub-section (1) of section 173 CrPC the police is required to submit their report after investigation "without unnecessary delay." What is unnecessay delay, in a case/has to be judged with reference to be p......lue in cases where the accuseds are unknown culprits and are Known only amongst their associates. In such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is d..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ry and natural meaning of the language used by the legislature as the language so supplied best declares the intention of the legislature and recourse to any other principle of interpretation is unnecessary. The language used in sub-section (1) of section 66 is very plain, simple, clear and una......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....on 08.01.2011 the petitioner is in jail custody then on giving put up before the learned Magistrate created a concocted aposhnama and took the signature of the petitioner which is malafide and for unnecessary harassment the whole proceeding of the instant Criminal Case was initiated which is a p......e court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahman, fu..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....t is not within our jurisdiction. Since the impugned orders were made on 27th February, 2011 after about one year of writing of the above letter, the issuance of prior notice, in our view, will be an unnecessary exercise. Therefore, the submission that the Prof. Muhammad Yunus was removed without af......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....f money mentioned therein. The Act, 1881 being a Special Law, its provisions have to be strictly adhered to and it must also be seen that the purpose of the law is not frustrated for putting too many unnecessary legal bar upon the payee or, as the case may be, upon the holder in due course of the ch...... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....with his attendance, and proceed with the Case. 13. On critical analysis of the above provision of law we are of the opinion that above provision of law, has been made to protect an accused from unnecessary harassment and to prevent the prolongation of litigation and to make the complainan......ittal of the accused Section 247 of the Code of Criminal Procedure has empowered the Magistrate to acquit the accused if the complainant fails to appear on the day of hearing of the case, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day. ........Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
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43. Power of Court to rectify register.- (1) If- (a) the name of any person is without sufficient cause entered in or omitted from the register of members of a company; or (b) default is made or unnecessary delay takes place in entering on the register the fact of any person having become or ce......nt under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents.
2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....ted signatures of the defendant for comparison by a handwriting expert if the parties make any prayer in that regard. 6. However, if the manner of disposal of the appeal is approved, there will be unnecessary delay in the disposal of litigations, in which event, the ends of justice will be defe......on and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....o to sub-section (1) does not arise at all. 79. Therefore, we are not called upon to make any exercise in that respect. And if we do so that will be mere academic and that will make the judgment unnecessary lengthy. 80. Now, we are to see whether the Administrator of Waqfs acted within his......rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....he plaintiff and defendant Nos.1 and 2, does not also appear to us bonafide. If such plea is given countenance to, then, the intending buyers from the builder construction companies shall be put into unnecessary harassment and suffering which shall have also a negative impact upon the real estate bu......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..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....h person as drawee who has been denied to encash the amount mentioned in the cheque. So no criminal proceeding under section 138 of the Negotiable Instruments Act can be allowed to continue causing unnecessary harassment of the accused-petitioner. 7. Mr. Zahirul Hoque Zahir, the learned Deputy ......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..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
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