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Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
.... other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for the State submits that the policy of law is that a criminal case should be disposed of with least possible delay. In the facts and circumstances of the present case, it does not appear that the appellants have come to thi......n J.-I agree. Ed. This Case is also Reported in: ......urn or postpone the prior criminal case. The defense plea as taken by the learned Advocate for the appellants cannot be considered by this Court at this stage. He will get ample opportunity to adduce evidence and prove his case in due course of trial. In such a position we do not think the present c..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....early two years and is under suspension for eleven years. 6. Mr. Shahjahan further submits that the victim Fatema Begum (P.W.2) in spite of being a minor may be competent to depose, but under the facts and circumstances of the present case, it is very likely that she was heavily tutored by her p...... - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-......en witnesses. After closing the prosecution, the learned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense. The defense case as it appears from the trend of cross-examination that the app..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....led this civil petition seeking leave to appeal against the judgment and order dated 11.03.1998 passed by the High Court Division in Writ Petition No.605 of 1991 making the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. ...... Muhammad Mamtaz Uddin Ahmed J Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ......h present within this country during the period of liberation war. The learned Additional Attorney General has argued that the Settlement Court considering this aspect and facts and circumstances and evidence before it rightly found that inclusion of the property in question in the list of aban..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....- This civil petition has been filed seeking leave to appeal against the judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No. 3330 of 1991. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others.............r the respondents. 9. Mr. Abdul Quiyum, the learned Senior Counsel has argued that the High Court Division without going into details of the case at all and without taking into consideration the evidence on record interfered with the concurrent findings of the trial court and the lower appellat..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ean Citizen is the informant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4. Short facts relevant for the disposal of the appeals and the petition are as follows: 5. The appell...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...............................s of Section 397 by referring to the said annual return on capital in his complaint petition and, hence, it would remain open to the Court below to ascertain through examination of witnesses and evidence, whether the allegation of false statement in the annual return of the company." In Writ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....bsolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate substantially all the facts which constitute the offence charged. If the confessions are considered in the light of the ab......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:......e offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the evidence lending assurance to such statements Moreover, the confession of one co-accused can not be ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....aintiff M/S. Hasan Vegetable Oil Mills Limited, on 13.05.2001, against the vessel M. T. SCEPTRE and others has been heard on contest by the defendants and now disposed off by this judgment. 2. The facts leading to initiation of the instant Admiralty Suit is that the plaintiff is a private limited......lso Reported in: ......der legal obligation to effect delivery of the Bill of Lading’s quantity cargo? Has the plaintiff suffered any losses and damages? Upon such issue as framed by this Court the plaintiff led evidence of P.W. 1 Biswajit Saha and P.W. 2 Abu Jafar. The plaintiff exhibited various documents whi..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....esponding to Kotwali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of I......ional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgment ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....selves in dismissing the suits as in the suit for specific performance of a contract plaintiff has to prove the contract and P.W.2 and 3 in Court admitted the contract of their mother, and from the facts it appears that suit property having enjoyed ejmali as such, unless there be partition. Other ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ......ugh on oral agreement for sale of an immoveable property is not barred by any law, nevertheless it has to be looked at with some suspicion unless such agreement is proved by convincing and reliable evidence and circumstances. The superior Courts of the Sub-continent usually discourage of a decree ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
.... Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1......taz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
.... Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1......Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ...... Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 20......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....dent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: 4. Elahi......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................ustified in disturbing the findings of fact arrived at by the Court of appeal below holding that the case is barred by limitation and bad for defect of parties, which are based on appreciation of the evidence on record. 8. Mr. Mahbubey Alam, learned counsel appearing for the pre-emptees appellant..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....92 allowing the appeal and thereby reversing the judgment and decree dated 31.5.1992 passed by the learned Assistant Judge, Salikha, Magura in Title Suit No.78 of 1989 decreeing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: The plaintiffs......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....on 561A of the Code of Criminal Procedure can be exercised to quash a proceeding or even a conviction on conclusion of a trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli...... trial if the court concerned got no jurisdiction to hold the said trial or the facts alleged against the accused do not constitute any criminal offence, or the conviction has been based on ‘no evidence’ or otherwise to secure ends of justice..........(14) Proper use of section 561A..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....on for continuance with the trial. The learned Judge without distinguishing the said decision of the Appellate Division, ignored it only by saying that “the case law does not match exactly with the facts of the present case” and arrived at his decision on the principle of rejection of plaint as ......t High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam M......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....minal Procedure failing which there causes miscarriage of justice. This view finds support from the case law of State Vs. Manu Miah, 54 DLR (AD) 60, Abu Taher Vs. State, 1991 BLD (AD) 81. From the facts and circumstances and the discussions as made above I have reason to believe that the prosecut......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Refe......harge was read over to the accused appellant who pleaded not guilty and claimed to be tried. 6. The prosecution examined 13 P.Ws and P.W.9 was tendered for cross-examination. 7. The prosecution evidence was closed. The accused appellant was examined under section 342 of the Code of Criminal Pr..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....dvocate, appearing for the defendant No.1, submits that, learned Judge on finding that the schedule of the property and cause of action having not reflected property dismissed the suit and on the facts of the given case learned Judge committed no illegality in dismissing the suit. 9. Mr.......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....District Judge and Arbitrator, Dhaka in Arbitration Revision No. 110 of 1992 should not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a land measuring .12......Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawy......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
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