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Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... Additional Sessions Judge erred both in law and facts in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any specific corroboration by the evidence of any reliable and independent witnesses. Hence the impugned judgment......e burden of establishing the guilt of the accused is always on the prosecution and the burden never shifts. The prosecution is bound to prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner, subject to the exception in section 105 of the Evi......acts in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any specific corroboration by the evidence of any reliable and independent witnesses. Hence the impugned judgment and order of conviction and sentence should be se...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....ation of his enemy; that no pipe gun and cartridges were recovered from him; that the learned Tribunal Judge erred in law in relying solely upon the evidence of the police witnesses in the absence of corroboration by the members of the public; that the police witnesses were partisan witnesses and th......earch and seizure do not support the police out of fear of the accused or of their men or on being gained over or for various other reasons and depose falsely in favor of accused to save the offender from legal of punishment. Depending on the facts and circumstances each case, a judge certainly may ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......ity ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑1997, which Bangladesh would get from the earning by the proposed project. This indicates arbitrariness on the part of the government......en in the absence of the agreement of Implementation, which is under process, and based on such approval leases of land are given in favour of respondent No. 8, the impugned approval appears to be an independent form of a full-fledged contract, which has been processed arbitrarily without applicatio...... job facility will be created. It is further stated in the affidavits filed by the respondent Nos. 1 and 8 that the government is not required to provide any fund, asset and or to share any natural resource with the respondent No. 8 and hence competitive bid is not relevant in this project and that ..
Category: Others | Date: | Hits: 113
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......rection at the instance of ACI Salt Limited. Mr. Rafiqul Huq, a learned Advocate of this Court, represents this applicant. The applicant prays for directing the respondents not to evict the applicant from the foreshore land covered by its licence.
4. The applicant is a private company limited by ......ভ্যন্তরে অবৈধ মাটি, বালু বা স্থাপনা থাকিলে তাহাও অপসারন করিতে হইবে” makes this sentence independent of the sentence “একই সঙ্গে নদীগুলির চিহ্নি...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
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Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
..... So, the conviction and sentence of these 3 convicts cannot be considered as legal fair. The only basis of their conviction appears to be the confession of co-accused Delowar Hossain but there is no corroboration to the said confessional statement of Delowar Hossain nor there appears any independ......Jail Appeal No.210 of 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing daco......BLD 481. He also submits that the confession of accused Delowar Hossain is not any substantive evidence against another co-accused Isahak. This type of confession can simply lend assurance to other independent evidence. But in this case there appears no such independent evidence against condem......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... 2.93 acres of Plot No.510 was possessed by the defendant No.4 forcefully which is kha schedule. The plaintiff joint in the army and he participated in the second world-war and after the war, he left from army and came to his paternal homestead at Ullapara under Begumganj police station where he res......handra Sarker Vs. Aftabuddin, 15 BLD (AD) 135, where it has been held that, the result, of a criminal case does not affect a civil suit in any way. The civil Court is free to come to its own findings independent of the result of the criminal case. 11. Learned Advocate then submits that, the judgm......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......t Golam Mostafa then lodged information report in Shailakupa PS at 21‑15 hours on 15‑4‑1992. Accordingly, above PS Case was started. 3. Jhinaidha Sadar thana policefirst on of receipt eport from hospital came there and held inquest on the dead body of deceased Jamiruddin and sent the same ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......able vital witnesses including other inmates of the occurrence house were withheld by prosecution. This, according to him, will bring presumption under section 114G Evidence Act. He also submits that source of informant about the occurrence was according to P.Ws.3, 4 and 5, said full brother Amir wh..Category: Criminal Law | Date: | Hits: 93
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ...... by an agreement in between the parties. The said Civil Suit is of such a nature that the present criminal proceeding is not dependent on the decision of that suit and it can be heard and disposed of independently. The proceeding under section 138 of the Negotiable Instruments Act appears to be quit......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....stantiated by unimpeachable evidence.…………………(34) In a case of sexual offence, the prosecutor is the best witness to prove whether the accused committed any offence. Legally speaking, corroboration of the prosecution evidence is not a must for awarding a conviction, but as a matter o......nalysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged forward from both sides shall be also addressed and considered by the court……………………….(25) ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......hed, especially one of a more or less public character. An office or employment is an office or employment which is subsisting, permanent and a substantive position which has an existence independent from the person who filled it, which goes on and is filled in succession by successive holders."…......es are attached, especially one of a more or less public character. An office or employment is an office or employment which is subsisting, permanent and a substantive position which has an existence independent from the person who filled it, which goes on and is filled in succession by successive h......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....nd to make the statement. Once the Court is satisfied that the Dying Declaration was true, voluntary and not influenced by any extraneous consideration, it can base its conviction without any further corroboration as a rule requiring corroboration is not a Rule of Law but only a Rule of Prudence…......ing of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinize the evidence more carefully keeping in view the deficiency, draw back, infirmity, discrepancy coming out from the mouths of prosecution witnesses and to separate truth from falsehood and grain from chaff. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......ption. The petitioner company which is classified as a "Small Industry" was established during 1986-87 under IDA Credit No. BD-1065 with equity investment by the sponsor and a loan of Taka 29, 00,000 from Sonali Bank, Dhaka (briefly, the Bank). The Government of Bangladesh made promises to the publi......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......00,000 only but the petitioner due to non-completion of the project did not avail of the working capital loan. Thereafter, the petitioner applied for loan in current account and the Bank from its own source sanctioned Taka 5, 00,000 only on hypothecation basis in lieu of working capital, vide sancti..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....ition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction and sentence upon him. In the absence of no such independent corroboration, conviction and sentence only on the basis of highly interested police witnesses will ......alled and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also...... and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, bas......ed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction..Category: Criminal Law | Date: | Hits: 125
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....horoughly scrutinized by a searching eye and if after such scrutiny it is found that the evidence is not worth consideration, then it can be discarded. Court may also see whether there is independent corroboration of such evidence. But the Court cannot refuse to consider the same on the ground of re......laimed to be tried. 3. Prosecution examined 11 P.Ws. and defence 4 D.Ws. 4. Defence of the accused was that they were innocent and they were falsely implicated in the case out of enmity arising from land dispute to harass them and to save themselves from the punishment in the counter case file......e is to be thoroughly scrutinized by a searching eye and if after such scrutiny it is found that the evidence is not worth consideration, then it can be discarded. Court may also see whether there is independent corroboration of such evidence. But the Court cannot refuse to consider the same on the ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ussalman Wakf Validating Act, 1913 (Act No.VI of 1913); section 3 Private wakf is valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of the settlor's descendants i.e., wakf-al-al aulad may now be mad......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......discussions of the facts and evidence on records and came to his findings essentially on facts. Learned Judge upon an elaborate analysis came to disbelieve the genuineness of the pattannama, the only source of title of the plaintiff's predecessors. Trial Court found the suit, amongst others, bad for..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......………….(25) Section 30A of the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 iss......date subsequent to the opening letter of credit. 14. In reaching the said conclusion, the provisions of sections 19 and 30 of the Customs Act were interpreted and it was held that section 19 was independent of the rate of duty mentioned in sections 18 and 30 and there was no connection between ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-2006. He was a Vice-Chairman of Khelafat Maj......ot a "public servant" within the meaning of the expression in any of the clauses of Section 21 IPC. 46. Once it is accepted that “a person in the pay of the Government” connotes a specific and independent category of public servant other than “a person in the service of the Government” an......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 an......ntre on the date of election, filed an application in advance on 21‑12‑97 to the respondent No.5 stating that the petitioner and his terrorist party was moving in the locality and threatening the independent voters. He also intimated the same fact to the joint Secretary and Election observer on ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
.... after examining the dying declaration in all its aspects, and testing its veracity, has come to the conclusion that it is not reliable by itself, and that it suffers from an infirmity, then, without corroboration it cannot form the basis of a conviction……………………(58) In the absence......including political rivals, are booked for standing on dock. Some are acquitted by Court of first instance and some by the appellate Court. It becomes difficult on the part of the Court to sift grain from the chaff. Under such circumstances and in view of prevalent Criminal Jurisprudential System, t...... and order of conviction and sentence; that the evidence on record do not warrant any order of conviction and sentence against the appellants under sections 302/34 of the Penal Code; that none of the independent and disinterested witnesses has been examined and there is no explanation from the side ...... parties, favorably or unfavorably, must be considered and the Court which gets the opportunity to observe his demean our is at liberty to make assessment of the evidence. If corroboration from other sources is available to the evidence of hostile witness, there is no reason why his evidence shall b..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
.... proper consideration of the evidence on record rightly found the appellants guilty. She further submits that conviction can be awarded relying on the testimony of the police personal without any corroboration of independent witnesses. 12. Let us now consider the evidence of the prosecution......to make up deficiencies which are left there. If the Court does so, it would amount to be legislation. As such, for possession and recovery of any illegal foreign currency including Indian currency from a person cannot be a punishable offence under sub-sections (1) (b) or (2) of section-25B of...... its value depends on its issuing authority. Once the authority removes its legitimacy, the currency becomes valueless. But, goods have some intrinsic value to satisfy human needs and that value is independent of human laws and Judgment. Second, under normal circumstances in our everyday life, c......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
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