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Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
.... his family members and there was no tenant in his house. Only P.W.9 testified that except the appellants there was no other tenant in the house of Ramij Mia. The evidence of P.W.9 do not provide any corroboration with that of the other ocular evidence. So we cannot rely on his evidence. 24. More......brief, is that on 06-02-1991 at 13. 00 hours informant P.W.8 S.I. Nazmul Islam along with other police personnel raided the house of one Ramij Mia of Barandi Molla Para on the basis of an information from the secret source that adulterate hair oil and Cosmetics were being prepared there. They arrest......l bond. 27. 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: 15 BLT (HCD) (2007) 184. ......n 06-02-1991 at 13. 00 hours informant P.W.8 S.I. Nazmul Islam along with other police personnel raided the house of one Ramij Mia of Barandi Molla Para on the basis of an information from the secret source that adulterate hair oil and Cosmetics were being prepared there. They arrested accused Dhira..Category: Criminal Law | Date: | Hits: 71
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....ion is made; (ii) the manner in which it is made; (iii) the person to whom it is made along with rules of caution-first whether the evidence of confession is reliable and secondly, whether it finds corroboration. 59. When a confessional statement has been recorded by a Magistrate after complyin......xamination of the prosecution witnesses, the accused persons were not examined under section 342 of the Code of Criminal Procedure as they were in absconsion. 9. The defence case, as it transpires from the trend of cross-examination of the P.Ws. and the suggestions put forward to the P.Ws. on the......s examination and that the prosecution has hopelessly failed to prove the charge under section 302/34 of the Penal Code against the condemned persons beyond any shadow of reasonable doubt by adducing independent, disinterested and eyewitness of the occurrence and that the learned Judge convicted t......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ...... directs." 8. The Indian Independence Act 1947, ("the 1947 Act"), enacted by the British Parliament on 18 July 1947 and creating the two independent dominions namely India and Pakistan with effect from 15 August 1947, by Section 2 specified the territories of the two dominions. Accordingly, by op...... excluded area unless the Governor by public notification so directs." 8. The Indian Independence Act 1947, ("the 1947 Act"), enacted by the British Parliament on 18 July 1947 and creating the two independent dominions namely India and Pakistan with effect from 15 August 1947, by Section 2 specif......t undertook a policy decision to bring back peace and stability to a part of the country that had suffered political unrest, ethnic conflict and insurgency for more than two decades sapping the resources of the country. Agreements of this nature are also submitted to be common in many countrie..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......has a pipe gun and some looted articles with him; that according to the confession of accused, the informant party went to his house on 02.08.2001 at night about 2.35 hours and recovered a pipe gun from the house of the petitioner and prepared seizure list and that the petitioner could not show an......n in Sher Ali (Md.) and others Vs. The State 46 DLR AD 67. The observation of their Lordship of the appellate Division are conceded the following language. 31. "The inherent power may be invoked independent of powers conferred by any other provisions of the Code. This power is neither appellate......prevent abuse of the process of the Court and thirdly to secure the ends of justice: What is 'inherent' is an inseprable incident of a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicui concedit, con-coders videturid sine quo ipsa esse non ..Category: Criminal Law | Date: | Hits: 99
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......ther order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. 3. Facts relevant for dis......under Order 21 Rule 90 is very much applicable against any transfer made by the decree holder after being empowered under section 33(5) of the Artha Rin Adalat Ain, 2003 and the said proceeding is an independent proceeding. The result of earlier proceeding does not have any bearing upon the proceedi......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......to 21-2-2008. 3. It is further stated that the complainant, later on, pressed the accused to repay his loan and accordingly the accused issued a cheque of Taka 1,50,00,000 being No. NCCB/C 5710308 from his current account No.01016899 of NCC Bank Ltd. Rangpur; that later on when the complainant ag...... been done by the impugned order. 26. Power possessed by Court under section 435/439 Cr.P.C. do not impinge, curtail or limit in any manner whatsoever. The powers under section 435/439 Cr.P.C. are independent and jurisdiction can be exercised under section 439, Cr.P.C. to secure the ends of justi......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....d Hossain stated that his confession was not voluntary and on such confession of a co‑accused the conviction of the appellant Sohel Monir cannot be sustained in law without any independent positive corroboration. In support of his contention he referred the case of Amir Hossain Howlader and ors. V......zur Rahman Talukder, Inspector of Customs was on duty in transit lounge area, Zia International Airport on 10‑9‑91 at about 1‑30 hours and at that time Bangladesh Biman flight No.BG 081 arrived from Singapore and landed at the Airport. Passengers came down from the aircraft and when entering i......his co‑accused Sajid Hossain stated that his confession was not voluntary and on such confession of a co‑accused the conviction of the appellant Sohel Monir cannot be sustained in law without any independent positive corroboration. In support of his contention he referred the case of Amir Hossai......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......he informant and two others, namely, Engineer Faruque Alam and M. M. Sarker impleaded as partners of his business. The accused-petitioner in the same way also collected loan of Tk. 10,00,000/- each from Engineer Faruque Alam and M. M. Sarker and, thereafter, he did not repay that money to them. Mo......Chapter XXIII of the Code speaks of discharge of an accused in a trial before Court of Sessions, Section 241A in Chapter XX speaks of discharge of an accused in a trial by a Magistrate. These are two independent sections of the Code which deal with discharge of the accused brought for trial in respe......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. .......- This is an Application under Section 233 of the Companies Act, 1994 (hereinafter referred to as "the Act"). The facts of the case and the issues arising in relation to the same, and as discernible from a plethora of applications and affidavits on behalf of both the Petitioners and the Respondents......s as directors have iii equal measure been bypassed in a manner in which, and armed with an ostensible authority given by the BOD the Respondent Nos.2, 3 and 5 in particular have adopted a stance independent of the BOD in executing the agreements dated 14.10.2004 as well as of 14.9.2007. The Pet......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting to demote the petitioner as in Annexure-F and the order dated 17.1.2001 purporting to dismiss the petitioner from service and forfeiting his earned service charge as in Annexure-P and the rejection of his serv......for the petitioner submits that the petitioner while serving as Senior Scientific Officer in the River Research Institute under the Water Development Board, the River Research Institute emerged as an independent statutory body under Act No.53 of 1990 and by operation of law he became an Officer of......d the petitioner to the post of Senior Scientific Officer (SSO) vide dated 27.4.2000 without obtaining any sanction from the Board of Governors and also defying the order of the Ministry of Water Resources against which the petitioner filed Title Suit No.210 of 1999 in the Court of the Senior Assi..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......m shall break down and public shall loose confidence in the judicial system which has also got a public accountability. It is true to say with viscount simonus that "miscarriage of justice" may arise from the acquittal of the guilty on less that the conviction of the innocent…………………......essions Judge arrived at a decision on surmise and conjecture. He further submits that the learned Sessions Judge erred in law in failing to hold that the appellant was innocent in this case; that no independent witness had been examined by the prosecution and that all the witnesses are interested a......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ...... of action thus arose on 1-11-78 and accordingly the plaintiff instituted the aforesaid suit. After filing of the suit, he filed an application for temporary injunction for restraining the defendants from interfering with the possession the plaintiff in the suit‑land. Defendant Nos.1 and 4 entered...... seek setting aside of the sale under the aforesaid provisions of the PDR Act. But apart from the remedy available under the PDR Act for setting aside of a sale, the plaintiff could also bring a suit independent of the general law. In this connection reference may be made in the case of Tarangini De......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....-চালা ঘর” inside the suit premises but he failed to disclose that in which portion of the land such “দু-চালা ঘর” was constructed. Moreover such evidence was not corroboration by other evidences. Therefore, it is vulnerable to the credibility. The learned Judg......ind two sons namely Abdus Salam and Abdul Kader who inherited his property and they by amicable partition dated 09.05.1988 distributed the land and accordingly Abdus Salam got 61/2 decimals of land from northwest portion and Abdul Kader got 61/2 decimals of land from north east. Subsequently Abdus....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ...... of the Artha Rin Adalat Ain, 2003 in order to enjoy it's not beyond three time of the principal amount. Mr. Rouf, further submits that the Artha Rin Adalat Ain, 2003 has been promulgated with effect from 01.05.2003 but the provision of section 46 and 47 have been made applicable from 01.05.2004. So......Rin Adalat Ain, 2003 this matter is to be dealt with the provisions of law ignoring his jurisdiction as an executing court. In fact, unless the decree is not set aside executing court cannot take any independent decision over the matter in order to determine the decretal amount which has already bee......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... Prince Ernest Augustus, [1957] 1 All ER 49, Lord Reid in the House of Lords observed: "For words, and particularly general words, cannot be read in isolation: their colour and content are derived from context. So it is that I conceive it to be my right and duty to examine every word of a statu...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......fendant wife is his benamdar and is not the owner thereof. 3. The case of the plaintiff-appellant, in brief, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife have no source of income of her own and dependent on the plaintiff; that the plaintiff being an industrialis..Category: Property Law | Date: | Hits: 134
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....as it affects both the parties, favourably or unfavourably, must be considered and the court which gets the opportunity to observe his demeanour is at liberty to make assessment of the evidence. If corroboration from other source is available to the evidence of hostile witness, there is no reason ......dlord's son committed suicide by hanging. She saw her in hanging condition. Hearing hue and cry of the maid servant she al with others came out and saw the door of the place of occurrence room closed from inside. The deceased committed suicide by hanging at about 5.00 p.m. The husband of victim was ......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......rties, favourably or unfavourably, must be considered and the court which gets the opportunity to observe his demeanour is at liberty to make assessment of the evidence. If corroboration from other source is available to the evidence of hostile witness, there is no reason why his evidence shall be..Category: Criminal Law | Date: | Hits: 97
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......Amir Hossain, son of late Syed Mohammad Ahsan filed a petition against the Petitioner Nadira Rahman before the Administrator of Wakf under section 32 of Wakf Ordinance No.1 of 1962 for removing her from the mutwalliship of Saleha Khatun Wakf estate, enrolled under E.G. Nos.151Q. and 1511-A on the ......be taken notice of by a Court under section 114 of the Evidence Act. Nadira Begum's father was not under the Patria protesta of Nadira Begum nor his position was that of a Pardahnashin Lady having no independent advice or of a minor where the law may presume the existence of undue influence and henc......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 124
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......wyers Involved: Rafique‑ul Huq with M Moniruzzaman Khan, Advocates ‑ For the Appellant. Rokanuddin Mahmud with Murad Reza, Faisal Mahmud Falzee, Advocates ‑ For the Respondents. Appeal from Original Order No.209 of 1995. Judgment Mabmudul Amin Choudhury J.- This appeal is direct......ng to contest the next election to be held in November, 1995 for the post of president. The members of the present Executive Committee do not like the idea of the plaintiff to contest the election as independent candidate and thereby elected as a president and, as such, they latched upon a plan to k...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..Category: Others | Date: | Hits: 154
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ...... of the properties the single storied building was developed into a three storied one of which the first and second floors were let out in favour of Director of Archeology and the income raised there from were spent for charitable purpose as usual; the petition of complaint disclose further that dur......cient time for retrial when the appeal was disposed of by the High Court Division arid the result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 16. In view of the position as disclosed above and ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 70
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....ce under Section 19A of the Arms Act, 1878. The learned Advocate contends that the Arms Act being a special law, the every aspect of the allegation must be cogently proved before the tribunal through corroboration by the witnesses. But as all the witnesses, excepting prosecution witnesses, which a.......11.2002, alleging inter alia, that the accused Md. Bachhu Mia and few others came to the house of the informant at about 1-00 AM on the night following 16.11.2002 and asked the informant to come out from the room which having scared him he thereafter raised alarm and upon their raising hue and cry ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..Category: Criminal Law | Date: | Hits: 115
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