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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. ......osition of the witnesses and other materials on record as well as the impugned judgment. He thereafter, submits that the accused appellant has wrongly been implicated in various sections of concerned law but the prosecution had miserably failed to prove those charges. He submits that the impugned ju..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....hereof and he had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held in his absence in violation of the mandatory provision of law suppressing summons and other notices holding the trial in absentia. He further sub...... had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held in his absence in violation of the mandatory provision of law suppressing summons and other notices holding the trial in absentia. He further submits that kno..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....ter is civil in nature or criminal in nature. Here, in this case, the learned Magistrate took cognizance of the matter without enquiring of the matter by himself or through any other agency under the provision of law. 29. The Magistrate takes cognisance under section 190 of the Code of Crimin......the accused person under sections 406/420 of the Penal Code on 1-10-1996 and the charges were read over and explained to the accused person who pleaded not guilty and claimed to be tried according to law. 4. The prosecution has examined 4 (four) witnesses while the defence examined none. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....erefore arose whether the above restriction and limitation imposed on transfer of shares was for all time, that is, no transfer could be made without permission of the Controller of Insurance or that provision of sub-section 6 and Article 5 of the company ceased after expiry of 3 years from the inco......th the request contained in the said legal notice, the board replied by letter dated 29-12-1993 refusing to register the transfer without assigning any reasons for the refusal. The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... been invested with powers of Civil Court, and the procedure before the tribunal would be same as before an ordinary Civil Court. After quoting the rule 47 and 48 his Lordship has observed- "These provisions imply that if any appeal is provided against the decision of an Election Tribunal, it mus......hat of an ordinary Civil Court being constituted by Munsifs and empowered to decide Election disputes relating to right to office, after taking evidence and hearing arguments, both on facts and law, are definitely exercising judicial powers, and not administrative power though it may be that..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....pears that the accused had no undue advantage in her matter. Be that as it may, on a careful consideration of the facts and circumstance of the case and the evidence on record and also the relevant provisions of law, we are of the view that the alleged offence committed by this appellant Momin M......yond reasonable doubt and hence he is entitled to benefit of doubt and the impugned order of conviction and sentence under section 323 of the Penal Code against this appellant can not be sustained in law and the same is liable to be set aside. 14. Now, let us examine the propriety and legality ..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....aph 4 of the supplementary affidavit on behalf of the petitioner. He submits that the detenu has been deprived of his legal right to present his case for consideration of the Advisory Board and the provision of article 33 of the Constitution of the Republic of Bangladesh has been contravened as he...... forged signature and seal, that Dhaka Cantonment Case 10 dated 13.12.87 under sections 435/468/471 has been instituted against the detenu and that the activities of the detenu are prejudicial to law and order and to the public interest. 4. Thereafter the Senior Assistant Secretary, Ministr..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. ...... the T.I. Parade the evidence of the identifying witnesses in the Test Identification Parade cannot be relied upon his conviction under sections 395/397 of the Penal Code can not also be sustained in law. 13. So far as accused appellant Rustom Ali is concerned the learned Sessions Judge has right..Category: Criminal Law | Date: | Hits: 51
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.......ted by the Vested Property Authority namely defendant Nos. 1 and 2. At the end of the proceedings, 9.7.88 was fixed for argument and the court having heard the arguments advanced by the learned lawyer appearing for the respective parties fixed 16.7.88 for judgment. On that day in the evening..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....... submits that in fact, it is a case of no evidence and admittedly there is no eye-witness to the alleged occurrence. He further submits that the learned Additional Sessions Judge seriously erred in law in passing the impugned judgment and order of conviction and sentence merely on surmises and c..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....allenges the order of conviction on the ground of mis-appreciation and wrong evaluation of evidence by the Appellate Court. He also urges that the judgment of the Court of appeal was violative of the provision of section 367 Cr.P.C. as the learned Judge failed to formulate proper points for determin......n the facts, which can be proved as to which of the several offences the facts will constitute. The provision of Section 237 is attracted to a case where there are doubts both about the facts and the law. When a Court entertains a doubt as to which of the two possible laws is to be applied to the fa..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
.... business. He has also observed that defence was not of partnership business but a total denial to the existence of entrustment of the paddy in question. Now it is necessary to discuss the relevant provision of law in this regard. Section 405 of the Penal Code defines criminal breach of trust an...... has also observed that defence was not of partnership business but a total denial to the existence of entrustment of the paddy in question. Now it is necessary to discuss the relevant provision of law in this regard. Section 405 of the Penal Code defines criminal breach of trust and punishment ..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. ......the said Act which runs as follows :- "26. Offences under this Act and Certain other Offences to be Tried by Special Tribunals.- (1) Notwithstanding anything contained in the Code or in any other law for he time being in force, the offences specified in the Schedule to this Act shall be triable ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....9. That through diversion of fund, import of reconditioned engines instead of new engines and keeping the under construction vessels incomplete they have violated contract of loan as well as relevant provision of P.O. 128/72 and rules there in collaboration with the borrowers and it may appear that ......aid amount of money misappropriated and /or converted the same to their own use and thereby they have committed offence punishable under section 420/406 of the B.P.C., and other relevant provision of law." 2. The Chief Metropolitan Magistrate examined the complainant on oath and issued summons ag..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....oration (Respondent No. 1. in this appeal) put the decree into execution on 19.3.86 in the Second Court of Subordinate Judge, Chittagong being Money Execution Case No.3 of 1986 in accordance with the provisions of Rule 11(2) of Order 21 of the Code of Civil Procedure. 4. On 19,3,86 plaintiff-decr......the judgment-debtor in respect of this matter, i.e. satisfaction of the decree passed against the judgment-debtor, that subsequently by ill advice in order to harass the decree-holder and by changing lawyer by fresh power with malafide motive and for illegal the petition was filed with false stateme..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....etitioners should be released. 3. After hearing the learned Advocates of both the sides the learned Additional Sessions Judge came to the finding that 150 days have not yet expired and as such the provision of section 339-C of the Code of Criminal Procedure is not applicable and that he was pleas......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......f No. 1. There was no payment of any consideration thereunder and they continued to possess the property as before. The custody of the kabala also remained with them. Defendant No. 2 who is father-in-law of defendant No. 1 removed the original kabala from the plaintiffs' custody and subsequently too..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21........55 on the basis of kabuliyat as alleged by him was not acted upon and also in that view of the matter I hold that the cancellation of the settlement by the Board of Revenue by its aforesaid Memo was lawful and the approval of settlement of disputed land made by the Divisional Commissioner on 10.9.5..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....Code of Criminal Procedure the petitioner has challenged the detention of his elder brother Daulat Ahmed upon the ground that the detention was illegal, unauthorised and in violation of the mandatory provision of the Special Powers Act and has sought immediate release of the detenu. 2. The petiti......ated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materials to enable..Category: Criminal Law | Date: | Hits: 40
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....L. Bhowmick, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge acted wrongly in allowing the application under section 151 of the Code when there is specific provision under Order 9, rule 9 of the Code of Civil Procedure for restoration of the suit. 4. He......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ..Category: Procedural Law | Date: | Hits: 111
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