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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......by the party earlier in his pleading. 11. We have heard the learned Advocate of both the side at length and perused impugned order and other tangible materials on record. It appears that the real question in controversy in the suit was for partition of the suit properties in between the co-share......ication filed by the present defendant-petitioner (hereinafter called petitioner) for expunging the deposition of opposite party No. 1 as outside of his original written statement. 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs ..Category: Property Law | Date: | Hits: 42
....ation before the higher forum as required under section 42(1) of the Artha Rin Adalat Ain, 2003. Mr. Alam further contends that the cheque (Bearer/Account Payee) though a negotiable instrument is not identical in nature hence, cannot be equated with the "Bank Draft" or "Pay Order" occurring in secti......dded to or altered otherwise than as authorised by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability nor shall the payment be questioned, by reason of the cheque having been crossed, or of the crossing having been obliterated ......ee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder resp..
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.......3 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 calls for our consideration, the complicity of the appellants. 34. The prosecution case ......njury No. II caused by sharp cutting weapon, appears to have been caused by appellant-Raushan Ali. So he ought to have been convicted under section 324 of the Penal Code. 41. Having considered the facts and circumstances of the case and foregoing narrative we are led to the conclusion that the pr..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. ......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. ......¦šà¦¾à¦°à¦¾à¦°à§à¦¥ পà§à¦°à¦¹à¦£ করিতে পারিবে । ২।................................ ৩।........................................" 35. Having regard to the facts and on consideration of the above provisions of law, we hold that before taking cognisance, Na..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. ...... recorded the confessional statement of this accused Gour Chandra Pal under section 164 of the Code of Criminal Procedure. He testified that after giving enough time for refreshment, he put necessary questions to the accused while the accused informed him that he (accused) will make confessional sta......ur Rahman, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the points canvassed by the learned Advocate for the appellant are not tenable in law and on facts. Next, The Assistant Attorney-General submits that the prosecution has been successfully able ..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. ...... 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. ......Bireswar Kumar Das (Zadu) collaborated him committing the occurrence. It may be mentioned that the other accused persons were acquitted from their respective charges. In deposition, he reiterated the facts in the first information report but made some contradiction. We find from his deposition that ..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. ......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. ......case was sent to the Divisional Special Judge, Chittagong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The learned Special Judge considering the facts and circumstances of the case and evidence on record passed the impugned judgment and order of..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......filling. Thereafter, the complainant went near the project and asked some persons about the project who stated that there was no existence of such project there. It is further stated that the land in question is outside of the berry bandh and there is doubt about the ownership of land of the accused......42 of the Code of Criminal Procedure on 16-8-1999 in which he pleaded innocence stating that he will not adduce any witness and will not say anything. 6. The learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused person under sectio..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....n permission of the Controller of Insurance.†17. The restriction on transfer of sponsors share as incorporated in Article 5(e) of the Articles of Association of the respondent company is almost identical to sub-rule 6 of rule 6 of rule 4(A) of the amended insurance rule of 1958. 18. It is i......he statement for share transfer prepared for the Board’s 88th meeting, but nevertheless other share transfers subsequent to the petitioner’s were considered and approved for registration. In fact question of registration of the petitioner’s said shares were discussed at 88th, 89th and 90th boa......tand in a fiduciary relationship to the company and the power reserved to refuse to register transfer is a discretion which requires a just and proper consideration of the proposal to transfer in the facts and circumstances of the case. In the exercise of that discretion the directors are required t..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. ......eque J.- Can the Election Tribunal constituted under OrÂdinance 51 of 1983 issue an order of injunction eiÂther under Order 39, rule 1 or section 151 of the CivÂil Procedure Code? This is the main question before this court in this rule. Other questions that incidenÂtally arise are whether this ...... same as that of an ordinary Civil Court beÂing constituted by Munsifs and empowered to decide Election disputes relating to right to ofÂfice, after taking evidence and hearing arguÂments, both on facts and law, are definitely exerÂcising judicial powers, and not administrative power though it m..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with reÂgard 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.......ad not stated to him that Shamser, Mokbul, Saja and Aktar had entered into the house of Karim and started assaulting him. This witness admitted that he did not prepare the Sketch Map. 24. Now, the question is whether the materials on record warrant conviction of the appellant Momin Malitha under ...... 302/34 of the Penal Code beyond all reasonable doubt against the appelÂlant Momin Malitha and most illegally convicted and sentenced him to transportation for life. He furÂther submits that in the facts and circumstances of the ease, this appellant could at best be charged under section 304 of th..Category: Criminal Law | Date: | Hits: 52
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......opportunity to the appellant for cross-examination of the witnesses. It is further submitted that the cross-examination of these witnesses are neÂcessary for ends of justice and for bringing certain facts on record which the prosecution failed to produce. 5. Mr. S.B. Barua, the learned Advocate ..Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tion and sentence passed on the appelÂlant 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. ......tion and sentence passed on the appelÂlant 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. ......ave been falsely implicated in the case out of enmity. Before the learned Additional Sessions Judge, the prosecuÂtions examined 12 witnesses and the defence examÂined none and after considering the facts, circumÂstances and evidence on record the learned Additional Sessions Judge, convicted the a..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......involved in the suit, be added. Under Order 1, Rule 10 (4) where a defendant is added the plaint shall, unless the Court otherwise directs, be amended in such a manner as may be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discreÂtion......ay be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discreÂtion 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 multiplicity..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the conÂdemned-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.......abu Mollah taking the same from Badsha Mollah. Then in cross-examination by the defence, this witness stated that he heard what Badsha Mollah had told him; but he was unable to say as to who else put questions to Badsha Mollah except Dholu and Sobhan. He stated that Badsha Mollah and his father were......ge and submits that the condemned-prisoner has been rightly convicted under section 302 of the Penal Code and sentenced to death by the learned Additional Sessions Judge on proper appreciation of the facts and circumÂstances of the case and the evidence on record along with the extra-judicial confe..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.......ny prejudice has been caused to the petitioner for alleged non-observation of the formalities and the said allegation of the petitioner is absolutely vague. 8. Now it remains for me to decide the question as to whether an order of conviction under section 381 of the Penal Code without framing a ......ase falsely at the instance of the employees of the informant and the prosecution witnesses. 4. The learned Magistrate, however, on appraisal of the evidence on record and on consideration of the facts and circumstances of the case found the accused-petitioner guilty of having committed theft an..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. ......mplainant. 6. Mr. Abdul Momen Chowdhury the learned Advocate appearing on behalf of the opposite-party submitted that as the court below found that the petiÂtioner was entrusted with the paddy in question and as there was nothing on evidence to show that particular transaction was of partnership......ions Judge, Chittagong in Criminal Appeal No. 122 of 1985 upholding the order of conviction and sentence passed by Magistrate, 1st Class (Upazila Magistrate) Banshkali Upazila, Chittagong. 2. The facts giving rise to this Rule are that opposite-party Kabir Ahmed filed a petition of complaint in ..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. ......, 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. ......d under section 342 Cr.P.C. with referÂence to the evidence and circumstances of the case. The prosecution examined 9 witnesses but the deÂfence examined no witnesses. 6. On consideration of the facts and circumÂstances of the case and evidence on record, the learned Sessions Judge convicted a..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.......e learned Advocate could not even suggest what that some other offence would be. Since cognizance has been taken under section 406 Penal Code and a charge framed under that section, the only relevant question for consideration is whether the facts alleged in the petition of complaint disclose an off......t, on the basis of which the aforesaid proceeding started, was filed by the Assistant General Manager of the Bangladesh Shilpa Rin Sangstha, briefly referred to as the B.S. R.S. We shall refer to the facts as stated in the petition in Criminal Revision 232 of 1984. But the facts of the other case ar..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.......tor for information but unfortunately no instruction as yet had been received, that it was necessary that the petitioner received instruction from the judgment-debtor for the disposal of the money in question as otherwise the petitioner might be sued by the judgment-debtor in a foreign Court which w......ough we are not in favour of, encouraging a procedure which is not covered by any express provision of the Code, we shall, however, refrain from interfering with the two orders in view of the special facts and circumstances of the present case................." It is noted that there is a provisi..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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