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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....ession 'debt' has been used in several enactments in our country as well as in other Commonwealth countries. The definition of 'debt' as given in the Act contemplates that the primary right was to receive money or money's worth whether presently or in future and the corresponding......t. Company Matter Nos. 96 and 97 of 2001. Judgment Syed Amirul Islam J.- These two matters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are a......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......ation or damages for breach of contract or remuneration due for services rendered do not fit in with the category of "debt" because quantum of the claim has to be decided on evidence at the trial. But in case of debt quantum is definite and certain and, in fact, cannot be disputed. This as..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......tion 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat ...... facts and declarations which grow out of the main fact, are contemporaneous with it and serve to illustrate its character. 11. Taylor defines this expression as including everything that may be fairly considered an incident of the event under consideration. The author of our Evidence Act has a......with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......of 2001). Death Reference No.43 of 2001, Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001. Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is s......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......ession made on 15-4‑1999 was, thereafter, retracted by her on 30‑4‑1999, after a period of fifteen (15) days. 5. Prosecution case programmed in First Information Report and unfurled during trial was that, on 13‑9‑1999 at about 11‑30 PM Tipu Sultan slept on western portico of a brick..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
.... 6. It appears that the trial Court after giving finding on all the 5 issues framed in the suit including the maintainability of the suit decreed the suit in favour of the plaintiffs and declared right title interest and possession of the plaintiffs in the suit land. The appellate Court it appea......hellip;..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining the commissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence. Lawyers ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ...... the petitioner and Mr. Md Nurul Amin the learned Advocate for the respondent No. I and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court after giving finding on all the 5 issues framed in the suit including the maintainabilit..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... February 11, 2004. The Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... defendant‑respondent on the ground of bonafide requirement. 3. The suit was contested by the defendant-respondent denying the material avertments made in the plaint. 4. The trial Court dismissed the suit on the finding that plaintiff failed to make out a case of bonafide r..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgme......ed in the judgment. These observations lead us to believe that the learned Judge has exceeded the norms of a Judge and that the dispensation of criminal justice would not be safe in his hands. In all fairness, we are of the view that his power as a Sessions Judge should be withdrawn from him for the......ned-prisoner and after investigation, having found a prima facie case submitted charge-sheet against the condemned prisoner. The case record was eventually sent to the learned Sessions Judge for trial. The learned Additional Sessions Judge who took up the case for trial, framed charge under sec..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite parties Judgment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of th...... rule "ei incumbit probatio quit dicet non que negat" the burden of proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportab......s the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportable not only on the ground of fairness but, also, upon that of the greater practical difficulty which is involved in proving a ne...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ......section 403 of the Penal Code and section 5(2) of the Prevention of Corruption Act, II of 1947 by which the respondent was convicted by the Tribunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Taka 1000/on both counts, in de......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ......sil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the money in the Sonali Bank after his arrest. The trial Court, after hearing, convicted the respondent and passed sentence as aforesaid, Against the a..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....t, We find substance in submission of the learned Assistant Attorney General." 13. In the case of Asiman Begum the Appellate Division observed: "The learned judge of the High Court Division was right in holding the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offenc...... read with section 374 Cr.P.C. has been made by the Judge (District & Sessions Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......t the judgment and order of conviction. Since these matters arise out of the same judgment, they are disposed of by this judgment. 2. Condemned prisoner Bahar Mia along with two others were put on trial before the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, shortly, the Tribunal, Comilla to face c..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......he deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null and void." 2. The suit was filed seeking a decree for permanent injunction against the defendant Nos. 1-5 restraining them from leasing out the land d......o made to the defendant No. 6 was not transparent and the said defendant was unjustly favoured and consequently, the allotment so made and the lease deed registered pursuant thereto is tainted with unfairness and the authority in making the allotment violated the provisions of Articles 27 and 144 of......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......ary 18, 2004. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of impr......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......pon Fulbaria PS Case No. 4 dated 16‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned prisoner and another and thereupon they were put on trial. The condemned prisoner was called upon to answer the charge under sections 302/326 and 307 of..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....inal Court of fact while reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed ......olved: Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 pa....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Order XLI, Rule 31 The appellate Court being the final Court of fact while reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......ssain and Md. Serajul Haque- For the Accused Petitioners. M Moazzam Husain with M. Moazzal Husain with M Zahirul Alam Babar, Md. Shahjahan Kabir and Reazuddin Khan- For the Opposite Party No.2 Informant. Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ...... the case which is not generally done in an application under section 561A of the Code of Criminal Procedure. The accused petitioners would get an opportunity to raise the grievance if any before the trial Court at the time of framing charge whether offence under sections 315/316 or 304A of the Pena..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....e over the meeting of the Company and sit in the Head Office. The brokerage business of the Company used to be conducted by professional executives and officers. Accordingly, the High Court Division rightly held that the Director, Manager or Officer shall be accused along with the accused Company i......der the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reas......‑Huq, the learned Counsel appearing for the respondent submits that in case a Company has committed any criminal offence, a Director can only be liable if he was responsible in the conduct of the affairs of the Company, otherwise, simply because she is a Director or the Chairman of the Company, sh......e and, as such, was liable to be punished under section 24 thereof. 4. The Chief Metropolitan Magistrate took cognisance of the offence and sent the case to the Court of Sessions Judge, Dhaka for trial. The learned Additional Sessions Judge, First Court, Dhaka transferred the case upon setting u..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......tiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the application for condonat......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......laint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge‑sheet and thereupon person (s) so recommended by the police for prosecution was put on trial and the trial ends in acquittal and thereupon if Government files an appeal either before the ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....l where he succumbed to his injuries. 3. PW 21 Dr. Golam Mortuza held autopsy of the body of Khaled and found the following injuries: (i) One lacerated wound on the right knee 3" x 2" X skin depth. Fracture of the right tibia fibulae and right patella bone. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutal......ing the Criminal Appeal No. 862 of 2000 filed by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skidders called Monir (PW 3) to come to a meeting scheduled to b...... judicial confession and his statement was obtained by undue influence by the police. 7. Noor Alam implicated the condemned-Âprisoner Ershad Ali Sikder. 8. During trial the condemned‑prisoner along with others stood charged under sections 302/ 34/325 of the Pen..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....ervice by the respondent No. 1 would amount to her confirmation in the service. It was further contended that the appellate Court as a final Court of fact, considered the material evidence on record, rightly decided the case in favour of the plaintiff respondent and, in such view of the matter, the ......ersing the judgment and decree dated 8Â2-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the h......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......spondents
Judgment
December 8, 2003.
The Specific Relief Act, 1887 (1 of 1887), Section 42
Court of appeal below being the final court of fact having legally reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illega..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....um had been performed by Dr. Shyamal Krishna Saha (PW 11). Post Mortem Report revealed that there were five (5) injuries on the person of deceased Rehana Begum. Of them two (2) injuries were found on right labial major and left labial major and cause of death was attributed to injuries caused. ......iminal appeal and Jail appeal puts on display a paradigm how father and mother betrayed the cause of their own daughter, the victim of crime Rehana Begum, on burying the factuality into deep debris before a Court of law in a dehumanising and revolting crime which was rape followed by death only to l......nt, and so satisfies them as to leave no other reasonable conclusion possible. A "reasonable doubt" is such a doubt as would cause a reasonable and prudent man in the graver and more important affairs of life to pause and hesitate to act upon the truth of the matter charged. But a reasonable do......und on right labial major and left labial major and cause of death was attributed to injuries caused. 5. A bird's view of prosecution case tabled in First Information Report and spelt out during trial was that, Tara Begum, wife of Md. Awal Fakir on 7-Â12‑1999 paid a visit to one of her relat..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding this issue on merit. Lawyers Involved: AJ Mohammad ......as entitled to restoration as ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building,...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......he Court of Settlement dismissing the case for default, must be held to be without lawful authority and to be of no legal effect and thus the case must be sent back to the Court of Settlement for trial. This view of ours gets support from a decision of this Court as reported in 45 DLR 304.&nbs..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......8209;1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the imp......; and that the respondent No.2 alone used to open the store house by his keys and no one else could unlock it; he alone received the medicine and distributed the same. The Enquiry Committee after a fair enquiry submitted its report dated 19‑9‑1992 unanimously finding him guilty of the......passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the impugned judg..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
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