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State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ound reliable and true, can be the sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was......e and other pieces of evidence, one can find that there is doubt as to his complicity in the occurrence and accordingly, he is entitled to benefit of doubt. His abscondence alone cannot be the ground for his conviction……………………………(45) Result: The Death Reference is ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......albag Police Station Case No.13 dated 9-4-2002. The condemned prisoners Saidul @ Saidul Islam and Md. Adel @ Adil preferred Criminal Appeal No.4235 of 2003 and also Jail Appeal No.143 of 2004. During trial condemned prisoner Badil @ Badar was absconding and after conclusion of trial and pronouncemen..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....lication under section 40 of the Bankruptcy Act before the Bankruptcy Court stating preposterous facts which in fact beyond the scope of law and accordingly, the learned Judge of the Bankruptcy Court rightly and legally rejected the same by his order dated 02.01.2000 and thereafter the petitioner wi......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provide......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......nt No.7) and thereupon, the plaintiff bank (Respondent No.2) fraudulently obtained the impugned Judgment and decree against the petitioner and others. The learned Advocate further submits that during trial of the suit the petitioner was totally unaware about the suit. On 18.10.1999 for the first tim..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....set of hearing of the matter, has submitted that in view of the order Nos. 1 and 2 issued by the caretaker Government dated 11-1-2007 and 13-1-2007, these appeals involving enforcement of fundamental rights being suspended cannot be heard for the time being during the subsistence of the emergency an......esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, represented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo......ting the demolition of the building for which the plan has been sanctioned in accordance with law is not in accordance with law. He further submitted that the law does not contemplate nor is it just, fair and reasonable to cancel the sanctioned plan after it has been acted upon and the construction ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ...... 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore, in Nari-o-Shishu Nirjatan Daman Special Case No.118 of 1999 whereby the accused-appellant was convicted for the offence under section 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sent......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......offence under section 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him thereunder to suffer imprisonment for life. 2. The prosecution case as unveiled during the trial was, that on 4-3-1999 informant Khodeja Khatun (P.W.1) lodged a written First Information Re..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
....(2) Under the
Hindu Inheritance (Removal of Disabilities) Act, 1928 no person, other than a
person who is and has been from birth a lunatic or idiot, is excluded from
inheritance or from any right or share in joint family property by reason only
of any disease, deformity, or physical or ......irected against the judgment and decree dated 28.9.1983 passed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing the suit on contest.
2. The plaintiff
instituted a suit for a declaration of his title and further declaration that
the plaintiff is maintaining his fami......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......of Rabindra Lal Ghose and he has no title,
can not claim the property as it is beyond 100 bighas as per P.O. 98 of 1972 and the suit is maintainable and
prays for dismissal of the suit.
4. The trial court
after perusing the depositions of 14 witnesses and considering the evidences,
docume..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......ent and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petitioners as plaintiffs instituted ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ...... filed some documents. The learned Assistant Judge on consideration of the materials on record was pleased to decree the suit. 8. Being aggrieved by the aforesaid judgment and decree passed by the trial Court, contesting defendants as appellant preferred Title Appeal No.2 of 1990 in the Court of ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....used might be true, it is clear that such a view reacts on the whole prosecution case. In this circumstance of the case, the accused is entitled to benefit of doubt not as a matter of grace but as of right because the prosecution has not proved its case beyond reasonable doubt.……&helli......s always rests on the prosecution and on its failure; it cannot fall back upon the evidence adduced by the accused in support of its defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in...... that the accused Roni Ahmed Liton @ Liton Ahmed Roni is their distant relation; that the accused used to visit their house and mix with their daughter victim Tohura and as a result of which a love affair developed between them. 22. All the P.W.s curiously deposed that marriage was solemnised b......872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on t..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....he case of committing murder by the condemned prisoners, which they did intentionally and such intention is apparent from the nature of injuries proved by P.Ws.12 and 18 and hence the appellants have rightly been convicted under sections 302/34 of the Penal Code by the Druta Bichar Tribunal and ther......ses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......y witnesses will examine amongst the cited witnesses for establishing its case against the accused persons.……………………………..(81) General tendency of the witness In a criminal trial, determination of fact is the main task before the court and such determination is dependent u..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....he time of occurrence which caused the death of the deceased Kabul Kha who received 14 injuries on his person. Taking these pieces of evidence into consideration the learned Judge of the Tribunal has rightly found the accused-appellant guilty of the offence punishable under Section 302/109 of the Pe......nwarul Hague J. — This Death Reference under section 374 of the Code of Criminal Procedure submitted by Mr. Md. Jahangir Alam Mollah, the learned Judge of the Drutta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death of the (l)Monir Hossain son of Md. Nazrul Islam (2) Lipaya son......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......n one judgment along with Death Reference No. 142 of 2003 since these two are the product of same judgment, under reference. 4. The prosecution version as unfolded during the course of trial, in short, is as follows:— On 20-7-1999 at about 6-00 PM while Kabul Kha, (hereinaf..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... of partition or share thereof, either by way of out and out sale with one agreement to reconvey or where the transferor receives from the transferee any consideration and the transferor acquires the right to possess and to enjoy the usufruct of such consideration, shall notwithstanding anything con......of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......State Acquisition and Tenancy Act by the defendants, it shows that they made a prayer for redemption and for getting delivery of possession. The injunction order granted in favour of plaintiff by the trial Court (by the Assistant Judge) was challenged before the learned District Judge, Bagerhat in M..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
.... shop was offered to the petitioner but he unreasonably refused to accept the same and demanded allotment of a shop in the A, B E and G Block. It has been further stated that the petitioner has no right to demand allotment of shop as per his choice and the Corporation is not bound to allot the s......orded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporation took over the management of m...... the City Corporation has offered him Shop No.D-53 but the petitioner is not accepting the said shop. It is the discretion of Dhaka City Corporation to decide which shop is to be allotted through a fair procedure. In the instant case, a lottery was held by giving previous notice and in the said ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... trade mark and business name 'Dominous Pizza', being used by the defendants, amounts to infringement of plaintiffs' trade mark 'Domino's Pizza' and that the defendants has no right, title or claims to use the said trade mark and/or business name of the plaintiff. (b) A ......te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......ustomers of products as prepared by the plaintiff though, in fact, those were prepared by the defendants. The plaintiff made several other statements which are materials for proving their case during trial. 4. The suit was filed some time in 2000. The defendants duly entered appearance and file..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime against the person of a wome......e 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ...... "History of the Pleas of the Crown" presented common law rape doctrines which were immediately noticed to be hostile to the interest of woman as one of the requirements was to inform the Jury during trial that rape charges were easy to bring but difficult to defend. 3. In 1680 Lord Chief Justi..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......tion. 2. The respondent No.1 as plaintiff instituted Title Suit No. 562 of 1985 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka against the present appellant and others for Specific Performance of Contract. The suit was subsequently transferred to the 3rd Court of Su.......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......74 of 1999 affirming the judgment and decree passed in Title Suit No.3 of 1987 was disposed of with modification that the plaintiff, Md. Ataur Rahman of Title Suit No.3 of 1987 would deposit in the trial court to the credit of defendant No.1, Afazuddin a sum of Tk.1,50,000/- as soletium over and a..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ...... @ Akbar Ali Kajal Miah, Abdul Ahad and Liakot Ali and the petitioner Md. Ishak Mia@ Hoson Mia @ Kason Mia guilty under sections 19A and 10(f) of the Arms Act and sentenced with rigorous imprisonment for 10 years on each count with a direction to run the sentences concurrently. This Judgment governs......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ced with rigorous imprisonment for 10 years on each count with a direction to run the sentences concurrently. This Judgment governs both these matters. 2. Appellants and the petitioner were put on trial before the said Tribunal to face charge under sections 19A and 19(f) of the Arms Act. Some of ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....26 and also the case of Abdul Motleb Howlader Vs. The State reported in 21 BLD (AD) 27. She submits that the Tribunal has evaluated the circumstantial evidence and other materials on record in a right direction and found the accused guilty of the offence charged with and as such no in...... 29 of the Nari-O-Shishu Nirjaton Damon Ain 2000 read with section 374 of the Code of the Criminal Procedure, has been made by the learned Judge, Nari-O-Shishu Nirjaton Damon Tribunal, Jamalpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his convic......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......ainst the accused husband Md. Abdul Gofur alone, submitted charge sheet against him on 21.4.2003 under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000. 4. At the commencement of the trial, the learned Judge of the Tribunal also framed charge against the accused husband Md. Abd..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....ort. He described 14 injuries caused by bullets, of which 8 were entry injuries and 6 were exit injuries. He stated that on dissection extravasation of clotted blood was found in the injuries and the right lung and bladder were found injured. The right side of the hipbone was found fractured and the......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ......directed to be released forthwith if not wanted in connection with any other case. 51. Let a copy of this judgment be communicated to (1) the Secretary, Ministry of Law Justice and Parliamentary Affairs; (2) the Secretary, Ministry of Home Affairs; (3) The Inspector General of Police; and (4) Met...... Case No.58(3) 98 was started. 6. After due investigation police submitted charge sheet dated 9.9.99 against the 11 F.I.R. named accused plus 3 others namely, Montu, Eunus Mollah and Sujan. During trial charge was framed against 13 accused persons, Pichhi Babul having died before the date of fram..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....t introducing new facts and subsequent cause of action different from those made in the plaint if allowed condoning the delay will change the nature and character of the suit. Amendment was therefore rightly refused." 13. The learned Counsel lastly submits that the learned Judge of the trial Cour...... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......tion for amendment is not correct and there is no cause for amendment. She adds that the proposed amendment of the plaint will change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decis..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......ak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......itioners for examining the LTI of Fuljan Bibi, the executant of the deed dated 13-01-1938 and comparison the same with some other admitted-LTI's appearing in some papers, is allowed. 23. The trial Court will fix up the necessary costs for the purpose and direct the petitioners to deposit th..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....hat exhibit-1 being a registered kabinnama there is a presumption of genuineness and the onus to disprove the same was squarely upon the plaintiff who failed to discharge the onus and the trial court rightly dismissed the suit. He lastly submits that the two witnesses of the Kabinnama, namely, the m......o.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plain......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......upon defendant No.1 filed Family Suit No.4 of 2000 for dower and maintenance. The suit by the plaintiff No.1 is the counterblast of the family suit and the G.R. Case as mentioned above. 5. The trial court framed 6 issues and examined 4 witnesses on behalf of the plaintiff and 2 D.Ws. on behal..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
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