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Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)

....s after receiving the balance amount of Tk. 3,00,000/=. That it was agreed that in case of failure to execute the sale deed by the petitioner within three years, the opposite party No.1 will have the right to get the sale deed executed in his favour through Court. That on 2.8.98 the petitioner took ...... Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the profor...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......rder to grab the suit land the opposite party No.1 has fraudulently created the alleged Bainanama out of greed and therefore the suit is liable to be dismissed with cost. 5. During the course of trial the learned Joint District Judge, 3rd Court, Dhaka on consideration of the evidence on record ..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)

....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:....... R.O. Mymen/442 with a condition to repay the loan in 10 equal installment. Being aggrieved on the stipulated condition the defendants loanee after fulfilling all the conditions & observing the formalities has drawn the loan of Tk.25,000/- from the plaintiff Bank. The defendant No.1 failed to ......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......cated to the defendant. The defendant is entitled to get the benefit of deposited money he already given and thus the defendant prayed for depositing the unpaid amount in 12 installments. 4. The trial Court framed 3(three) issues which are as follows:- 1. Whether the suit is barred by limi..

Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....ated 28.07.2004 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Naogaon, was justified in convicting and sentencing the accused appellant on assessing the evidence on record and rightly passed the Judgment and order. She further submits that the prosecution has proved its case......al trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused…………………………..(28) ......for unfolding its case. If withholding of a witness is influenced by an oblique nature, the Court may draw an inference against the party withholding it. If a material witness is deliberately or unfairly kept back, a serious doubt is cast on the propriety of the trial itself and the validity of ......ry system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the p..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....irness. Unless the termination letters are issued without assigning any reason, this can hardly be said to be consistent with fairness……..…(42) Even if the administrative authority has the right to exercise its power of termination of service of its employee, such power must not be exerci......on 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every emplo......s of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the serv�......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)

....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......visions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit, therefore decree in ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......audulent and not binding upon the plaintiffs. 3. The opposite parties as defendants contested the suit by filing written statement denying all material allegations made in plaint. 4. The trial Court by the judgment and decree dated 21-06-1998 decreed the suit on contest. Then on 21-10..

Category: Procedural Law | Date: 28 May, 2009 | Hits: 3

Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)

....rising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal aspect rightly took cognizance of the offence. He further submits that there is no legal ground in the inst......s in Case No.451 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in short, is that, on 26-05-2005 the Complainant opposite......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ....... V of 1898); section 561A Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently ..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....ievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an accused as the accused has a right for fair trial which cannot be possible under harsh law…………………………………......section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total control could not be seen unless......rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an accused as the accused has a right for fair trial which cannot be possible under harsh law…………………………………….(23) ......ns 'to continue to be in a particular place for a period of time without moving away'. To hold anyone as guilty of the offence under this Ain, 2000, for trafficking, then the accused should be put on trial when the victim was found to be under the custody and control of the offender at least for a c..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

.... arising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal aspect rightly took cognizance of the offence and after transfer of the case the learned Metropolitan Assis...... under section 138 of the Negotiable Instruments Act, 1881 now pending in the court of the learned Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, is that, the complainant Tauhid Uddin Ahmed, failed a CR Ca......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......record was transferred to the Metropolitan Sessions Judge, and the Metropolitan Sessions Judge, in turn, transferred the case record to the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka for trial who perused the record and framed charge against the accused petitioner. 4. Being aggrieved..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....ng out of cause of action having no ambiguity in it and therefore there is no legal bar in filing the case and the learned Additional Metropolitan Sessions Judge on appreciating the said legal aspect rightly took cognizance of the offence and thereafter order No. 8 dated 12-4-2007 framed charge agai...... section 138 of the Negotiable Instruments Act, 1881, which is now pending in the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, that opposite party No. 2 Md. Rafiqul Alain as complainant......ich are more fundamental than merely the convenience of the proceeding or trial. In a criminal trial, it is a fundamental principle that the trial of an accused person should be conducted with utmost fairness and anything which is likely to cause any serious embarrassment to him in the conduct of hi......case to the Metropolitan Sessions Judge, Chittagong, who registered the case as Sessions Case No. 1110 of 2006 and transferred to the Additional Metropolitan Sessions Judge, 1st Court, Chittagong for trial and disposal, who framed charge against the accused-petitioner under section 138 of the Negoti..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

....Mutation Case No.298/9-2/97-98 and 299/9-2/97-98 and since then has been possessing the suit land by paying rent to the Government. It is further contended that the plaintiffs without having any right title and interest in the suit land filed the suit on false allegations and with ulterior moti......ant Judge, Mirpur in T.S. No.14 of 1998 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-p...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......n respect of the suit land mentioned in the schedule to the plaint which were executed by one Lokman Sarder in favour of his daughter, Mst. Amena Khatun which are under challenge. 4. During trial defendant No.5 Abdul Jalil compromised the case with the defendant and the rest plaintiffs con..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....nt of the High Court Division this appeal was preferred by the sons of the original defendants through their constituted Attorney Abdur Razzak Howlader. 15. It appears that the High Court Division rightly held that the trial court having considered the evidence of P.Ws. and D.Ws. held that the ......itle Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belo......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......, fabricated and collusive document and that the alleged transaction is barred under the provision of P. O.92 and 142 of 1972 and prayed for dismissal of the suit. 5. Upon hearing the parties, the trial court decreed the suit in part. Against which, First Appeal No.270 of 1981 was filed and suit ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)

.... the learned Advocate appearing for the opposite party Nos.1-5 and 6 submits that when the plaintiffs preferred the appeal being No.218 of 2002 against the defendants 8-12 and 14 they had every legal right to be notified about filing of the appeal but they were not given the opportunity and that the...... why the judgment and order dated 16.2.2005 passed in Miscellaneous Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civil Procedure) by the learned District Judge, Sylhet upon an application for rehearing of Title Appeal No.218 of 2002 should not be set aside and/or pass such other or furth......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ...... but they were not given the opportunity and that the plaintiffs with ulterior motive purposely and collusively got the appeal decreed on compromise with the defendant-respondent Nos.1-4 although the trial Court while dismissing the suit, observed that all the suit properties were not brought i..

Category: Property Law | Date: 9 Apr, 2009 | Hits: 2

Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......enior Advocate, instructed by Nurul Islam Bhiyan, Advocate-on-Record- For the Petitioner. Md. Nawab Ali, Advocate-on-Record-Respondent No.1 Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave t......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......ts opposed the Rule contending that the petition of complaint of the C.R. Case No. 183 of 2007 clearly discloses cause of action as the petitioner duly received the notice for payment and further the trial has been concluded and the case is fixed for argument. The High Court Division, after hearing,..

Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....di to file the instant writ petition, particularly in view of the fact that no appeal was preferred challenging the judgement and order of conviction and sentence. He submitted that since there was a right of appeal and that right was not exercised, the instant writ is not maintainable. He also subm......iae. Writ Petition No. 3646 of 2008. Judgment Md. Imman Ali J.- This application was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a public interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon......form or manner whatsoever in any electronic, print or other media. 41. Let a copy of this judgment and order be communicated to the Ministry of Social Welfare, the Ministry of Women and Children Affairs and the Inspector General of Police. The Registrar, Supreme Court is directed to send a copy o......43 of 2004 arising out of Bheramara Police Station Case No.12 dated 23.11.2003, corresponding to G.R. No.154 of 2003. It having been established that Rony was below the age of 16 years at the time of trial, the trial took place in the Court of Sessions Judge and Juvenile Court, Kushtia. At the concl..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....1) of section 138 of the Negotiable Instrument Act unless an amount of money not less than 50% of the cheque amount is deposited in the Court shall not be declared to be void as it conflicts with the right of appeal as enshrined in section 410 of the Code of Criminal Procedure and/or such other or f......ing out of C.R. Case No.150 of 2006 (Bandor Zone) convicting the petitioner under section 138(1) of the Negotiable Instrument Act and sentencing him thereunder to suffer simple imprisonment for 6(six) months and to pay a fine of Tk. 12,30,600/-. 4. Writ petition No.6720 of 2008 is fro......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......able Instrument Act (as amended on 09.02.2006) mainly on 3 (three) counts. Firstly, that the statutory law must be comprehensive in its nature and should provide adequate provision in respect of trial and appeal but the provisions of section 138A of the Negotiable Instrument Act is harsh, ..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....t view of the matter, there is no merit in such argument that deposit of 50% cheque amount at the time of preferring appeal after losing the case is one kind of punishment or taken away the statutory right of the convict-petitioner to prefer appeal……………………(38) The Negotiable Ins...... appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque'......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......piry of 30 days, if the drawer does not pay the amount, the cause of action starts 31st day onwards. The limitation to file a complaint as prescribed under section 142 (b) of the Act is one month. On trial, both the parties are entitled to adduce evidence both oral and documentary. The trial Judge i..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ...... Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to determine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registere......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......rict Judge, Kurigram, which was heard on transfer by the Court of the Additional District Judge, Kurigram, who by the impugned Judgment and order dismissed the appeal and affirmed the Judgment of the trial Court. 7. Being aggrieved there against the pre-emptee petitioner obtained the instant rule..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was arrested by Rapid Action Battalion-1...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......tropolitan, Dhaka transferred the case to the Court of Metropolitan Special Judge, Dhaka who subsequently transferred the case to the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka for holding trial. After receiving of the case record the said Court took cognizance of the case under sections ..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......d under rule 17 of Order XLI of the Code of Civil Procedure, the petitioner should avail the specific remedy by way of an application under Order XLI, rules 19 or 19A of the Code of Civil Procedure for re-admission of the appeal and should not move to the High Court Division in revisional jurisd...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......4 allowed the case for pre-emption. The pre-emptee thereafter preferred Miscellaneous Appeal No. 57 of 2004 before the learned District Judge, who allowed the appeal and remanded the matter to the trial Court for fresh hearing. Being aggrieved by the said judgment and order, the pre-emptor moved..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. .......................(10) Cases Referred to- Sohel Rana Vs. State, 57 DLR 591; Abed Ali Vs. State, 34 DLR 366. Lawyers Involved: Md. Faruk Hossain with Md. Salim Azad, Advocates — for the Appellant. ABM Mahbub Sumun, Assistant Attorney General, Shuchira Hossain, Assistant......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......ng prima facie case against this convict and his father under sections 9(1) /30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 submitted charge sheet against them. 4. The case being ready for trial was sent to the learned Nari-o-Shishu Nirjatan Daman Tribunal, Natore who took cognizance of t..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

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