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Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....nect the accused with the death of the murdered man, a jury, or in this country a judge, may find upon circumstantial evidence that he is a murderer. But when the unexplained possession of the stolen property is the only circumstance appearing in the evidence against an accused charged with murder a......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………......s and tendered one witness. 4. Mr. Nurul Islam Sujan, learned counsel appearing for the appellants assailed the judgment mainly on the ground that the conviction of the appellants is based upon no legal evidence on record. On the other hand, Mr. MK Rahman, learned Additional Attorney-General supp..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......risdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite......n 17(e) (ii) (iv) of the Securities and exchange Ordinance, 1969 and there being no documents in the case to proceed against the accused-petitioners, the framing of charge against the petitioner is illegal and they are entitled to be discharged from the case. She further submits that even if the all..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....le. 16. Mr. Fazlul Hoq the learned Advocate appearing with Mr. MC Chowdhury, submits that the evidence adduced by the plaintiff and the documents produced before the Court if considered in their proper perspective warrant a decree in the suit not in part but as a whole. 17. Elaborating his......rted in: 18 BLC (HCD) (2013) 260. ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....his signature on those as Exhibits-3, 4, 3/1 and 4/1 respectively. He deposed that he recorded the statement of the witnesses under Section 161 of the Code of Criminal procedure and after holding proper investigation had submitted charge-sheet against the accused persons. 27. In his cross-e........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......re recovered at pointing out by the convict appellant and, as such, he had actual control and possession over the said arms. The learned Judge of the Druta Bichar Adalat did not commit any error or illegality in convicting the appellant. 11. Let us now discuss the evidence on record and the propo..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ......), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of 2006 (Jail Appeal No.341 of 2006) the appellant Md. Hasibul Hasan alias Loton has challenged the legality and propriety of the Judgment and order of conviction and sentence dated 17-4-2006 pass..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....ited decision admittedly there was no Commission on the date of issuance of the notice, proceeding can only be initiated at the instant of the Commission itself. He further submits that in absence of proper authority to issue the notice the proceeding as a whole was a nullity. He further submit......minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ......eported in 62 DLR (AD) 290 is applicable in this case. But he draw the attention of his Court to the paragraph-46 of the said decision where it has been held by their Lordships that "however, no legal impediment for the Commission to issue fresh notice under section 26 of the Act, if so advised..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....g the deceased and to slaughter him. Hashem did not tell him that the wife of Atiar Rahman witnessed the occurrence having been in his house. He denied the defence suggestion that he without any proper investigation submitted a perfunctory charge-sheet in this case. 23. These are the ......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes......t the prosecution case has been able to prove the charge against the accused. But the findings and decision of the Court below appears to be faulty which is not based on the correct assessment of the legal evidence on record. It is the general human conduct that whenever the kith and kin find somebo..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....hy Act, 1933, (III) licence/NOC to be granted by the MOI for the Ministry's own convenience for performance of its functions of supervision, monitoring and controlling the contents of broadcasting properly and effectively under the Rules of Business and (IV) licence to be granted by the BTRC for......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.............ence to the appellants but issued two NOCs and frequency allocation letters subject to fulfillment of certain conditions stated therein (Annexures-D & H respectively). After fulfillment of all legal requirements i.e. all terms and conditions of the frequency allocation letter by the appellan..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....uction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. Averments figured in the petition are summarized below:- The organization Hu...... is also Reported in: ......an Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pr..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit property. ............ (5) Cases Referred to- 8 BLC 179 Lawyers Involved: Mohd A...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit...... appellate Court being a final Court of fact passed his judgment without error on considering the materials on record, law, fact and sifting the evidence both oral and documentary setting-aside the illegal judgment of the Trial Court occasioning no failure of justice. In course of his argument the l..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....e decision No.880 of the 1st and 4th September, 2005 of its Board of Directors and to write off the entire liabilities connected with the loan and return the charge documents and the mortgaged properties by redemption and also to withdraw the suit. 3. Facts as disclosed in the writ petit......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. ......as by that way a group of people would have been blessed with unjust enrichment at the cost of public money. And finally, resolution of a Bank, if any, does not bind the other respondents with any legal obligation to do a duty so that may be directed to do the act as prayed for…………….(1..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the contract...............................(15) Whoever claims or has ......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp......ty is not clear to us- the plaintiffs did not give any explanation in this regard. Taking these facts into consideration the question is whether the findings of the court of appeal below have been legally interfered with by the High Court Division exercising its revisional jurisdiction. 6. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....unt No.710 who stood as guarantor for the aforesaid money on behalf of the said Labu Miah; that the aforesaid persons never released the documents from the bank nor paid the aforesaid amount; that on proper inquiry is found that the Ahmed Enterprise is a non-existing business concern. It has been me......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....he disposal of the Rule, are that the complainant-opposite party No.1 filed a Petition of Complaint before the Court of Magistrate, 1st Class, Narayanganj Sadar (South) alleging, inter alia, that the property shown in the schedule originally belonged to Joya Rani Guha, and upon her death the propert...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ......mutation proceeding, there was no bar under section 195(1)(c) of the Code of Criminal Procedure in taking cognazance. Thus, the contention of the accused-petitioner has no substance. In view of above legal position, we are of the view that the Rule has no substance and the same should be discharged...Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....011 made by the respondent No.6 and also thereby seeks direction to fixa fresh date for holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper.
2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being......Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Bazlur Rahman J
Md. Enayetur Rahim J
Humayun Kabir Patwary………………………………Petitioner
Vs.
Secondary and Higher Secondary SchoolEducation Board, Comilla and 5 others………………………….Res......school and college under the said Probidhan Mala 2009 as the same is internalaffairs of the institution. As such his interference in this regard is beyondthe scope of law and such interference is illegal and without lawful authority.................................(8)
Lawyers Involved:
A.B. Roy..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Naima Haider J Raj Kumar Khetan…………………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: ......214308, Bank Asia Ltd. Scotia Branch, Dhaka; that the said cheque was presented before the bank on 7-7-2008 but it was dishonoured for insufficient of fund that the bank through its Penal Lawyer sent legal notice on 20-7-2008 which was received on 27-7-2008 and that the specific period of 30 days gi..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....of limitation, estoppels, waiver and acquiescence? Is their any cause of action against the defendants for filing the instant suit? Whether the documents exhibited in this suit were done by the proper person? Whether the content of the private documents exhibited in this suit was proved by ......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......and from the date of employment. The vessel commenced journey from the port of Singapore till it reached Bangladesh on 6.4.2000 in order to discharge cargo of 7000 M.T. of Cement Clinker, whereupon a legal dispute arose in between the importer of the cement clinker and the carrier for which a legal ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....the Evaluation Committee in question was constituted only with the officials of BTRC. Therefore, he submits, the evaluation process is void from the very beginning as the Evaluation Committee was not properly constituted. Drawing our attention to Rule 59(2) of the said Rules, he points out that alth......eported in: 18 BLC (HCD) (2013) 221. ......ion System Audit of the Telecom Operators in Bangladesh and appointment of respondent Nos.10-12 as the Information System Auditors should not be declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed to implement the said deci..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ...... J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chairman, 1, Abdul Ghani Road, Dhaka-1000..................................Appellant Vs. Md. Hanif and another...................Respondents Judgment August 14, 2011. Result: The ......mally applied to DESA for considering him for one-step-out-of-turn promotion. But his prayer was not granted nor was he told about the outcome of his prayer. On 28.8.07 the writ petitioner served a legal notice upon the writ respondents through his learned Advocate, but it yielded no result. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....olitan Magistrate, Dhaka and Title Suit No. 6451of 2008 pending before the District Judge, Dhaka, as the said two cases were pending between same parties and result of the said cases are relevant for proper adjudication of the present Nari-o-Shishu Nirjatan Damon Case. 5. The learned Judge of the......n J.-I agree. Ed. This Case is also Reported in: ......o.1. But he was not satisfied and extracted Taka 20,000/- more from her parent and mounted further pressure for dowry amounting to Taka 50,000/- (fifty thousand) only. As she refused to fulfill his illegal demand, appellant No.1 started torturing her in different way and kept her unfed. The accused ..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
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