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....ule.
4. The respondent Nos.1, 5 and 6 entered appearance in the case and contested the Rule by filing separate affidavit-in-opposition asserting that the government in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sa...... No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5â€......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......s.1, 5 and 6 entered appearance in the case and contested the Rule by filing separate affidavit-in-opposition asserting that the government in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordanc..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....men of Fatik Mia who fell down on the earth and accused Afzal also gave a fikol blow on the palm of the left hand of Fatik Mia, accused Amru Mia also gave another fikol blow in the abdomen and on the right thigh of Patik, accused Khosh Bahar also assaulted Fatik Mia by giving lathi blows. when the r......firming the judgment and order of the trial Court in Sessions Case No. 67 of 1992 convicting the appellants under sections 302/149 of the Penal Code and sentencing each on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......dul Haque J.- This Criminal appeal by leave has been filed against the judgment and order passed by the High Court Division in Criminal Appeal No. 1565 of 1995 affirming the judgment and order of the trial Court in Sessions Case No. 67 of 1992 convicting the appellants under sections 302/149 of the ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......s……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not......th reference to the election petition that the formalities mandated by law have not been observed which will be evident on perusal of the ballot papers and, as such, to appreciate the real state of affairs the ballot papers are necessary. After considering the facts and circumstances and the avermen......petition being filed it ought to have been rejected. The Election Tribunal has inherent power to dispose of an Election petition and so it cannot be stopped from passing any order at any stage of the trial to meet the ends of justice. In view of the facts and circumstances of the instant case, we do..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ...... by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpur in Nari-O-Shishu Nirjatan Case No.38 of 2001 convicting the petitioner under Section 79(1) and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk.1000 in default to suffer 6 months rigorous imprisonment under sec......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ...... Adalat, Chandpur and cognizance was taken charged was framed under section 7(9)(1) of the Nari-O-Shishu Nirjatan Damon Ain 2000 Prosecution examined as many as 8 witnesses and after completion of trial convicted the petitioner under section 7(9)(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
.... and waiver in the written objection filed by the pre‑emptees against the application for pre‑emption, the High Court Division was wrong in making out a third case that the preÂemptor waived his right of pre‑emption and thereby making the Rule absolute and sending back the case on remand to t...........Respondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not requi......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ondents Judgment August 31, 2004. Result: The appeal is allowed. The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3) When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not required to gi..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
....onditions under which the establishment of such undertaking was sanctioned.
Article 31 of the constitution of Bangladesh guarantees that a foreigner who for the time being is in Bangladesh has a right to enjoy the protection of law and to be treated in accordance with law. This Rule will apply ......ocessing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh
The pro......
Vs.
Bangladesh Export Processing Zones Authority (BEPZA) and others............Respondents
Judgment
August 17, 2004.
Result:
The Rule is made absolute.
Providence of fair and equitable treatment to foreign private investment which shall enjoy full protection and sec......stment (Promotion and Protection) Act, 1980 provide for fair and equitable treatment to foreign private investments and that sanction, permission or licence, etc. granted by the government to an industrial undertaking having foreign private investment shall not be unilaterally changed so as to adver..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......wed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Tha......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......r Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. 35. In the circumstances, possession of the plaintiffs in the suit shops cannot be termed as adverse. Impugned judgment and decree of the trial Court declaring title of the plaintiff in the suit land therefore cannot be sustained in law. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....on to grant registration and licence to the aforesaid Trawler of the petitioner is, apart from being contrary to the provisions of the aforesaid Ordinance and Rules, also violative of the fundamental rights of the petitioner guaranteed under Articles 27, 31 and 40 of the Constitution. 9. The le......rs vide Annexure-D and D‑1 dated 15‑7‑2003 and 6‑9‑2003 respectively refusing to accord registration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......or fishing on a regular basis and that would mean a total and colossal loss to the petitioner. Accordingly the petitioner obtained necessary permission from the respondent Nos.1 and 4 and carried out trial trip by the said vessel for deep sea fishing on 27‑8‑2003. In this connection the petition..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ...... delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it is not a case of exceptional nature calling for quashment on the ground of delay or in exercise of discretion or for complete justice. ..............rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......respondent No. 1 has been declared void and without jurisdiction and that the Court has further made declaration, that the respondent No.1 is "still in service" and the said judgment of the trial Court has not been interfered by the appellate Court as well as by the revisional Court and, a..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....perts and such documents must avoid age-old archaic and cryptic wordings, coverage and language. Documents should be short, precise and to the point. It is therefore, not only necessary to select the right type of documents according to the facts and circumstances of each case but also to guard agai...... allowed and The First Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......idence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......Respondent Judgment July 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discret......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......cretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming the same judgement..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....erred this appeal on the ground that the impugned judgment and decree is not sustainable in law. That the learned Subordinate Judge failed to consider the bainapatra, (Exhibit 1) and to determine the rights and obligations thereunder. That the bainapatra was not executed in between the plaintiffs an......he appellant on 31‑7‑1968 took lease of the same and constructed building therein by approving plan from the DIT. Defendant wished to purchase another property of more output and to procure money for the same he advertised to sell the suit property and respondent Nos.1 and 2 agreed to purchase t......ves paid the earnest money and they gave authority to their father to sip the agreement on their behalf. Agreement is a solemn affirmation between the parties obliged to do if the terms are legal and fair. In this case we find that them was no agreement between the plaintiffs and the defendant-appel......e promise of paying Taka 13,00,000 to him after the execution of the bainapatra and the failure of the plaintiffs to perform their dues as per the oral agreement made between the parties. 4. The trial Court after the learned Advocates of both the sides framed 4 issues which are (i) is the suit ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....f 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relati......d a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......nts preferred the Other Appeal No.24 of 1982 and on 14‑6‑1984 the appeal was allowed by the learned appellate Court, by its Judgment and decree, setting aside the Judgment and decree of the lamed trial Court and remanding the suit back to the trial Court with direction to the Learned Munsif to g..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both the Rules are made absolute. Lawyers Involved: Syed Mizanur Rahman with SRM Lutfor Rahman Akhand, Advocates ‑ For the Petitioner. Abdul Baset Mazumder with Nakib Saiful Islam...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... as said in section 11 of the Ain. Thus the allegations made in the first information report constitute offence punishable under sections 11(kha)/30 of the Ain. He further submits that at the time of trial taking evidence it will be determined actually what sort of hurt was caused by the accused hus..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rom any quarter and upon amicable arrangement between the plaintiffs and the deceased father, the plaintiff became the sole owner and being in possession mutated the same in his name in the record of right overruling, the objections of the defendants up to appellate stage. The defendants ultimately,......dated 25‑4‑1994 passed by the High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......ecovery of khas possession by evicting Yakub Seth and others. The suit was decreed on contest on 22‑8‑1934 and the defendant fought up to the then High Court of Calcutta against the decree of the trial Court unsuccessfully but the decree‑holder defendant never executed the decree and Yakub Set..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ed by the fine realised shall be paid to the holder.
(3) Notwithstanding anything contained in sub‑sections (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque rem......r......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account is returned by the bank u......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......ade complete when other mandatory provisions of the provisos are also found to be complied with. Neither the present petitioners nor convicted accused Khalilur Rahman (now dead) during, the course of trial has denied it in any way. ………(31)
Cases Referred to-
Union Road..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....egistered deed of sale being No.6959 dated 7‑11-51 said Sulaksman, Sudarshan and Sudhangsu transferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on.......2 at Narayanganj in Title Suit No.47 of 99 and dismissing the suit. 2. On 10‑3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot N......ding party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. It further held: “…………this principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an inter......esses each. Documents produced by the plaintiff were marked Exhibits 1 to 6 while those of the defendants marked as Exhibit 'Ka’. 7. On the evidence oral and documentary on record, the trial Court held that the sale deeds being No.965 and 966 dated 30‑1‑70, Exhibit 'Kha' w..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....the plaintiff in respect of the disputed property and DWs 3, 6, 8, 9 in their evidence supported the case of defendant No. 1 and, in our view, their evidences, especially the evidence of DW 3, were rightly taken into consideration by the trial Court regarding custody of the original documents by ......on as the final court of fact without considering the evidence and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, the judgement of the High Court Division is not a proper judgement of reversal…&......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......lam Chowdhury and ors. …......Respondents Judgment July 13, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 31 When a finding of the trial court can be reversed by the Appellate Court? High Court Division as the final c..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ...... Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the re...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......mned prisoner under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 (the Ain) and sentencing him to death. 4. The condemned prisoner was put on trial to answer the charge under section 10(1) of the Ain. 5. Prosecution case was tha..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......or the Petitioner. Rafique‑ul‑Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 738 of 2004. (From the judgment and order dated 12th April 2004 passed by......n the same matter in controversy in a subsequent regular suit and on the general principle of res judicata, any previous decision on a matter in controversy, decided after full contest or affording fair opportunity to the parties to prove their case by a competent Court to decide, it will operate......Rin Adalat on 24-Â5-2001 and Artha Rin Adalat found the property of the plaintiff was mortgaged to the defendant bank. The present suit was therefore hit by the principle of res judicata. 5. The trial Court on the pleading framed the following issues for determination: 1. Was the suit in the..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
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