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Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......x parte decree passed against them on 27.8.79 in Title Suit No.436 of 1973 of the First Court of Munsif, Kushtia. The case of the plaintiff-petitioners in short is that they purchased the suit land from one Hindu Bashini Saha, defendant opposite party No.6 by two different Kabalas in 1973 and poss...... maintainable. It is well-settled that as against an ex parte decree apart from the remedy under Order 9, rule 13 of the C.P.C. there are some other remedies open by way of appeal, review and also by independent suit on the ground of fraud. These remedies are concurrent. Of Course, in a case of revi......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....tnesses recorded under section 161 of the Code of Criminal Procedure.” 32. Now there is no doubt that a case diary cannot be treated as substantive evidence but it may be used for the purpose of corroboration or contradiction of the statements of the maker of statement. We therefore find no ill......adar hospital for post mortem examination and report and meanwhile tried to find out the real cause of the death of the victim. The post mortem report of the dead body of the victim was then received from the hospital which narrated about 4 injuries found on the dead body of the victim but without a......ction 304 of the Penal Code and not under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983. The learned Advocate for the appellant further submits that the P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but t......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... that the learned Sessions Judge while acting as Sessions Judge has, no doubt, jurisdiction and power under section 435 read with section 436 of the Code of Criminal Procedure to call for the records from the Court of the learned Magistrate for the purpose of looking into it and passing necessary or......ion will not come under section 27(1) of the Special Powers Act corresponding to an action under section 190(1) (b) of the Criminal Procedure Code. In such a case the Special Judge takes cognizance independent of section 190(1) (b) and on the basis of the power as contained in section 27(1) of the...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......dence on its own. 7. From the trend of the cross-examination, the case of the defence, in short, is that the convict-appellant has been implicated in this case falsely and no arms were recovered from his possession as alleged and he was the victim of circumstances. 8. After examination of th......prosecution story and the other witnesses were the police personnel and they being the partisan witnesses, their testimony ought not to have been accepted, as those were not corroborated by any other independent witness. 11. On the other hand, Mr. SM Asadullah Tarique, the learned Assistant Attor......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......urther case of the plaintiff is that defendant and plaintiff were legally wed couple under Islamic Shariah. The marriage was registered by kabinnama dated 12-4-1988 and dower was fixed at Taka 80,000 from where defendant paid Taka 21,000 by ornaments at the time of marriage ceremony and they have tw......id abuse may aggravate the sufferings without end. On plain reading of section 7 of the Ordinance, 1961 it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing, talaq cannot be given effect to until and unless such notice is given t......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....ment, that the improvement and constructions were made in 1995 to the knowledge of the pre-emptor, that the pre-emptor's witnesses being the nearest relations, they could not be relied upon without corroboration by independent witnesses and that the pre-emptor failed to prove that in the alleged s......ed upon separation of the jama and have been paying rent. The case is hopelessly barred by limitation and also bad for defect of parties. 5. The trial Court allowed the pre-emption and on appeal from the said judgment, the Court of appeal below reversed the judgment of the trial Court and dismi......provement and constructions were made in 1995 to the knowledge of the pre-emptor, that the pre-emptor's witnesses being the nearest relations, they could not be relied upon without corroboration by independent witnesses and that the pre-emptor failed to prove that in the alleged salish there was t......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
...... Drug Administration and Licencing Authority (Drugs), calling upon all manufacturers of ayurvedic, unani, homoeopathic and bio-chemic medicines to register the names of their firms within one month from the date of publication of the said notice. A photocopy of the said newspaper publication is ......ramed thereunder, these words mean the authority appointed under the said Act to control and regulate the import, manufacture, sale and distribution of drugs.
(d) The licensing authority has no independent power to register a medicine. He can only do so when such registration is recommended ...... the purpose of the said Act and the Rules, without quoting the Rules under which the Government purportedly acted. The Notification quoted section 12(2) (a) and 33 (2) (e) of the said Act as the source of authority to make the appointment, but these sections contain the Government's power to fr..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....orney‑General, on the other hand, has submitted that the confess ions made by 11 accused persons, which are true and voluntary, can form the basis for their conviction without requiring any further corroboration and that all these confessions are self inculpatory. He has further pointed out that......Ext 8) was recorded. In view of the said OD Entry P.W.27 SI Shudhendu Bhattacharji visited the house of Biraja Rani in the evening of 8.9.89 and he received a written First Information Report (Ext.1) from P.W.1 Dhan Mia, Member, Horoshpur Union Parishad at 8 PM wherein he alleged that on the night f......ance at his testimony and to entertain the suspicion that he was procured later by the prosecution. But that cannot be sanctified into an invariable or inflexible rule of appraisement of evidence. An independent scrutiny of the evidence of witnesses who failed to find mention in the first informatio......arded as great against the parties making them, they must be accepted with the great caution against the co‑accused whom they implicate unless there is corroboration forthcoming from an independent source which would make it safe to act upon the confessions. The confessions of one co‑accused can..Category: Criminal Law | Date: | Hits: 139
....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......e learned Magistrate did not ask the police to hold re‑investigation in the case and the police also did not make any re‑investigation or further investigation in the case. Judicial inquiry is an independent inquiry and such an inquiry is held under provisions of section 202 of the Code of Crimi......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529...
Category: Procedural Law | Date: | Hits: 131
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......aint. The suit was also for their 12 annas maliki right in plot No.2 and 4. The removal of obstruction placed on plot Nos.1 by the defendants and for a permanent injunction to restrain the defendants from interfering with the plaintiff’s right in the suit land. 4. According to the plaintiffs......north facing for the purpose of suit. From the deposition of P.Ws. 3, 5 and 7 the court found the existence of the pathway and its use by the plaintiff for a long time. P.Ws. 3‑5 and 7 appear to be independent witnesses and there was no reason as to why they should depose falsely against the defen......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..Category: Civil Law | Date: | Hits: 147
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....bdul Mannan and others Vs. State reported in 44 DLR (AD) at page 60 it was held that where bitter enmity is admitted between the parties it is required as a rule of prudence that there should be some corroboration of the evidence of the interested witnesses as may inspire confidence in the mind of t......ered themselves forming a searching party and started at about 7‑00 PM towards the said paddy land where Abdul Hakim went to irrigate the same. This paddy land is less than half a mile towards west from their house. When the searching party came to a place about 10 to 12 cubits away from the place......er P.W.6 Kudduser Ma as one of the members of the searching party in the FIR. Excepting P.W.2 Seraj Mia all are relations of the deceased Abdul Hakim and as such P.W.2 Seraj Mia should be taken as an independent and disinterested witness. Although the other witnesses including P.W.1 Sadir Mia stated......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484....... as a member of the Freedom Fighter's family as the elder brother of the petitioner was an Army Havildar and freedom fighter soldier. The petitioner entered into occupation of the said holding on and from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the sai......h Vs. MS Ispahani as reported in 40 DLR (AD) 116 the Appellate Division of the Supreme Court of Bangladesh observed PO No.16 was promulgated on 28.2.72 immediately after emergence of Bangladesh as an independent nation. Hundreds of West Pakistani industrial/business entrepreneurs had left the Countr......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ce and the purpose of T.I. Parade is to test that evidence and the rule is that the sworn testimony of witness in Court as to identity of the accused persons who are strangers to the witness requires corroboration which is in the form of an earlier identification proceeding and this is done because ...... dacoits numbering 12/15 persons entered into the house of the informant Fazlul Huq (P.W.5) and looted cash money, gold ornaments, clothes, wall clock, Hajak light and also took away stationery goods from his stationery shop. The further case of the prosecution is that the dacoits went to the house ......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...Category: Criminal Law | Date: | Hits: 142
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......lur Rahman and another, 1985 BLD (AD) 41=37 DLR (AD) 21. Lawyers Involved: Mainul Islam, Advocate‑For the Appellant. ASM Wahidul Momin Chowdhury, Advocate‑For Respondent No.1. Appeal from Original Decree No. 122 of 1992. Judgment Md. Tafazzul Islam J.-This appeal, at the insta......s required to prove the tender and/or payment of the balance amount of Taka 1,63,000 and that P.W.1, being the plaintiff, is an interested witness and so the plaintiff was required to examine another independent witness to prove that the plaintiff tendered money to the defendant No.1 and further, th......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...Category: Property Law | Date: | Hits: 104
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......of the victim and after first aid he advised to send the victim to Langalkot hospital and accordingly the victim was carried there in a cot and the doctor advised to send the victim to Pangu Hospital from Langalkot hospital for better treatment. The victim was then admitted in Comilla hospital at 8......Afzalur Rahman after being satisfied on consultation of official records. In cross‑examination he stated that he issued the certificate in consultation with the Deputy General Manager but he has no independent authority to issue such certificate. He denied that he created the certificate as per di......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......hatachartya for Mafizullah, Advocates -For the Appellants. Mozammel Hossain with Kamalul Alam, A.K.M. Anwaruzzaman Chowdhury with Faridul Alam Chowdhury, Advocates –For the Respondent. Appeal from Original Decree No.210 of 1976. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This......ge of goods by sea'. The rules themselves show the same thing. The obligations in article, 3, rule 1, for example, to use due diligence to make the ship seaworthy and man and equip her properly are independent of time. The operation of the rules is determined by the limits of the contract of carri......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......held in absentia of the appellants. 4. Prosecution case may briefly be stated thus: On 4.11.80 OC Shahadat lodged an ejahar with Keraniganj Police Station that he got a secret information from one Babul that appellants were caught by villagers with fire arms and on getting information th......oved. It is further submitted that alleged arms were not examined by arms expert and as such it does not come within the mischief of definition of Arms specified in section 19A of the Arms Act and no independent witness has been examined in this case though such witnesses have been named in the FIR ......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554...Category: Criminal Law | Date: | Hits: 125
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....r witness. But before taking into consideration the statement of an approver we are to see whether it is believable and it has been corroborated by the evidence of other witnesses although ordinarily corroboration from an independent witness is not necessary in view of section 133 of the Evidence Ac......al Powers Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia and was directed to serve similar sentence from the date of his arrest or surrender. 2. The Prosecution case as stated by P.W.1 Md. Shahid M......taking into consideration the statement of an approver we are to see whether it is believable and it has been corroborated by the evidence of other witnesses although ordinarily corroboration from an independent witness is not necessary in view of section 133 of the Evidence Act. Section 133 reads: ......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......istry of Health. The learned Advocate has further submitted that the Secretary of the Ministry of Health has no personal interest in the suit property. He has no authority, either express or implied, from the Government to proceed with the suit. So, the suit is not maintainable under section 42 of t......6 of the Constitution our Republic can sue and be sued by the name of "Bangladesh". On the other hand, the law has not conferred upon a Ministry or a Department of the Government a legal personality, independent of the Government. In a suit where the name of a Ministry appears as a party, it does so......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ed petitioner did not approve the prayer for pension benefit and being compelled the informant gave 4 notes of 500 Taka and 30 notes of 100 Taka and the accused Dr. Rahmat Ali claimed Taka 5,000 more from the informant, and threatened her that if she did not give the amount, he would not grant the d...... is no eye witness of claiming bribe and receiving a sum of money from the informant. In the present case it appears that the factum of recovery has not been proved beyond reasonable doubt by any independent or disinterested witness. When factum of recovery has not been proved by independent and......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
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