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.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
...... identical purpose.
8. Now, let us examine the provisions laid down in section 42 (1) of the Ain in the light of the submission of the learned Advocates of both the parties since we are of the view that in case of interpretation of a statutory law or Rule its language and words used are to be..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... injured. PW 11 was the investigation officer. PW 12 examined the deceased and PW 5 and PW 13 held autopsy upon the dead body of the deceased. 33. The death of the deceased was not disputed and in view of the medical evidence as testified by PW 13, the deceased was done to death. Now the question..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......e the appeal. 10. Mr. Md. Nizamul Huq, the learned Advocate appearing for appellants in Criminal Appeal No. 4288 of 2003, without going into the merit of the appeal, at very outset submits that in view of the provisions laid down in section 6 of Druto Bichar Tribunal Act, 2002 Government by Notif..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......it 3) was specially brought to the notice of convict-appellate at the time of examination under section 342, Cr.P.C. but he did not complain anything regarding nature of his confession. 36. In view of the above context, Exhibit 3 the confessional statement was not only inculpatory in nature b..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......tion and having found a prima facie case submitted the charge-sheet against the accused person under sections 4(Kha) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. 5. In view of the aforesaid charge-sheet the accused appellant was put on trial before Special Tribunal an..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......f any specific period is to be supposed to govern the appeal. I would consequently, hold that the appeal of Hakim Rai had been wrongly thrown out as barred by limitation. 25. This supports the view I have taken hereinbefore to the effect that for a case where neither the provision of the Crim..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....hat the Court below committed error of law in convicting and sentencing the accused without lawful authority; that the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convicting and sentencing the accused on surmise and conjecture resulting in m......he same. After purchase of the land, his allegation that he was deceived or misrepresented by the accused regarding the particulars of land does not lie and such allegation does not fall under the purview of section 420 of the Penal Code. 28. In order to constitute the offence of cheating, th..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......d Moazzem Hossain, supported this proposal. Because of their refusal the committee set up earlier was requested “to discuss the matter further with Mr. Monzurur Rahman and request him to accept the views of the majority of members of the Board”. The committee submitted its further report dated 4..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......r Ordinance 51 of 1983 to hold that the Election Tribunal had all the power of the Civil Court including the power to issue an order of injunction as an interlocutory measure. To the support of his view he has largely depended upon the decisions in the case reported in 38 DLR (AD) 172 (Supra). Mr...Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......Thus it appears that the solitary statement of P.W. 4 regarding the hurt allegedly caused on the body of victim Abdul Karim by Badaruddin Malitha has no corroboration by any of the witnesses. In this view of the matter, we feel that it is not at all safe in the facts and circumstances of the case to..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......ubtedly the detenu was never placed before the Advisory Board within six months from his first detention on 8.1.88. Therefore the order of detention Annexure-F dated 23.5.88 is illegal. We are of the view that the detention of the detenu is illegal, without any lawful authority and do not come wit..Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......ot also be sustained in law. 13. So far as accused appellant Rustom Ali is concerned the learned Sessions Judge has rightly held him guilty of an offence under section 395/397 of the Penal Code in view of the evidence of P.W.1 corroborated by the evidence of P.W.4 and P.W.6 and also P.W.7 and as ..Category: Criminal Law | Date: | Hits: 51
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......e of P.Ws. 1,2,4,6,8 and 12 as to the blood-stained articles and blood-stained earth inside the hut. For the aforesaid material discrepancies in the evidence of P.Ws. 1,2,4,8, and 12 and keeping in view the different story given by P.W.9 as to the blood-stained articles or blood-stained earth, we ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....the order was perverse or manifestly unjust and contrary to law. Except on these grounds, an order passed under Order 1, Rule 10 of the Code of Civil Procedure would not be revisable, even if it is erroneous. 10. In the case of Amal Kumar Moitra Vs. Mashiur Rahman, the Supreme Court of Banglad......a manner as may be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discretion which, however, need to be exercised judicially taking in view all the facts and circumstances of the matter in suit. The object of adding a party is to avoid..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... and father Akbor over land and money; (5) multiple injuries as found by the doctor on the person of deceased Babu Mollah. 28. Before discussing the aforesaid circumstances, let us first keep in view the well settled law on the subject as has been laid down by various superior Courts in differe..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7........ Emperor, 1925(PC) 130 "A man may be convicted of an offence although there has been no charge in respect of it, if the evidence is such as to establish a charge that might have been made." The same view has been reiterated in the case of J.D. Sharma Vs. The State of Uttar Pradesh, AIR 1960 (SC) 40..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......pellate court on consideration of evidence on record that the transaction in question was an independent one different from the previous transaction between the complainant and the petitioner. In view of the aforesaid finding the contention that in a case of partnership section 406 of the Penal ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... criminal case under the Criminal Procedure Code and as such the order of conviction and sentence passed by the learned Sessions Judge against the appellant is void and without jurisdiction. 8. In view of the case made out in the F.I.R. and the evidence of the P.Ws. that the appellant caused th..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......section 406 Penal Code. That was a case of making an advance of money under an agreement. In our opinion the instant case is still better as the money here is given on loan under an agreement. In any view of the matter, we are of the opinion that a transaction of loan of money under an agreement doe..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......ade by the Calcutta High Court cannot be treated as laws in Bangladesh. In the case of Md. Nurul Islam vs. Md. Abdur Rashid and others 1983 BLD (AD) 310 the Appellate Division seems to have taken the view that rule 2-A of Order XVIII of the Code of Civil Procedure (which was added by the Calcutta Hi..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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