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Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....avad Bhikha Valu & others Vs. State of Gujrat reported in AIR 1971 Supreme Court 1064 and submitted that even if there is no infirmities in the evidence of a child witness it is desirable to seek corroboration of his evidence in view of his tender age. 22. The learned Advocate for the appella......e informant, Md. Safu Miah, full brother of the deceased lodged Ejahar with Rupaganj police station alleging that on 6.10.1984 he went to the local bazar and on his return at about 2‑30 PM he heard from his elder brother, Falu Miah (P.W.9) that his sister Monowara Begum (deceased) was killed by ac...... see the occurrence and he deposed in the trail Court as per dictation of the informant of the case with whom he has been living since the occurrence. There is also no sufficient corroboration by any independent and reliable witnesses. So, in our view, the learned Sessions Judge was not justified in......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......ntiff’s cousin and another witness Akabbar is brother-in-law of the plaintiff. The plaintiff-petitioner Md. Chand Mia by using the name of the plaintiffs father collusively obtained a Heba-bil-Ewaj from one Ahadullah and later on the plaintiff-petitioner instructed the defendant No.1, who is his......oner. The appellate Court below has not adverted to the consideration of evidence by the trial Court and has not controverted the basic findings of the trial Court with regard to possession. It has independently discussed only the favourable portions of the evidence of D.Ws. and has come to a find......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......er that occurrence Bazlur Rahman lodged First Information Report and then GR Case No.391 of 85 started and the present OR Case No 392 of 85 was filed by the accused persons of case to save themselves from punishment. 3. After conviction by the appellate Court the present application under sect......ound no inconsistency. However it appears to me that the doctor did not give any reason as to why he considered some injuries as grievous hurt. It further appears that the Court did not arrive at any independent opinion in finding as to whether the injuries were grievous hurt and simple hurt or whic......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... the Holy Quran, by the plaintiff, in favour of defendants 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted that the plaintiff used to own and possess the entire suit land getting it from her husband Rahimuddin plaintiff also inherited some property from her father. But she had exha......ually executed by her with full understanding of what she was about to do; that she had full knowledge of the nature and effect of the transaction into which she is said to have entered: that she had independent and disinterested advice in the matter” In Contract Act (Act IX of 1872) Section......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ther also resided in the same hut on that night. He said that at about 1‑30 AM on hearing the sound of breaking the kopat of the eastern door, his mother, he himself and deceased Abdul Aziz woke up from sleep and his mother raised the flame of the hurricane and at that time, accused Quddus (Appell...... occurrence while the informant has a separate guest house‑kacharighar. From the evidence of P.W.s 1 & 3 it is clear that victim Abdul Aziz is no Mamato Bhai of P.W.3 as claimed. There is no independent witness to corroborate the prosecution case save and except P.W.s 1 and 3 who claimed to...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......there was no negligence in not holding so. The said delay was condoned in Matter No.11 of 1985 and the Court was pleased to grant permission to the Company to hold the said meetings within two months from the drawing up of the order. It was further ordered that during the General Meeting they would ...... Article of Association of the Company, to be null and void and to direct calling of the Annual General Meetings for the years 1985,1986 and 1987 under the supervision of this Court and to appoint an independent person as Chairman to preside over and conduct the said meetings after condoning the del......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529...Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......e two storied tin dwelling house and brought out one L.M.G., one rifle, one spare barrel of L.M.G., 3 L.M.G. magazine, one rifle magazine, 35 live cartridges of L.M.G., 10 live ammunitions of rifle from a wooden box in presence of neighbour Taheruddin. The B.R.B. also seized one khaki military shi......ear and it is that the uncorroborated testimony of an accomplice cannot be the basis of conviction of an accused though those statements could be considered only for finding out whether there existed independent witnesses to corroborate the same. In the instant case, the confessing accused stated ......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..Category: Criminal Law | Date: | Hits: 97
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......s: One Khorshed Ahmed instituted the aforesaid title Suit in the first Court of Munsif, Kushtia for ejectment of his monthly tenant one Md. Zahed Ali and another Ukiluddin said to be a sub-tenant, from the suit premises alleging, inter alia, that the tenant was a defaulter, created public nuisanc......succeeded in proving the bonafide requirement for the suit premises for his use and occupation as a drawing room; (d) Regarding subletting or otherwise the lower appellate Court in the absence of independent evidence, could not rely on the deposition of the tenant and defendant No.2 (alleged s....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......se appeals, in brief, are that the informant Arun Chandra Saha (P.W.1) lodged an ejahar with Gajaria police station on 30.8.1993 alleging inter alia that he was a small shop keeper used to sell lungi from bazaar to bazar. He went to Hoshendibazar Hat at about 14.00 hours on 30.8.1993 and started sel......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......500/-. On receipt of the same, the informant doubted its genuinity and showed it to his neighboring shop keeper Sawpon, who also thought the note to be a fake one. They asked him (Seru Mia) about the source of the note, when he pointed his finger to the appellant in Criminal Appeal No.25 of 1997, Md..Category: Criminal Law | Date: | Hits: 111
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......the Rule so far as it relates to the constitutionality of the Money Laundering Prevention Act, 2009. 3. The facts leading to the issuance of the Rule, in brief, are: The petitioner was arrested from his residence on the night following 7-3-2007 in connection with Gulshan P.S. Case No.34(03)200......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......(AD) 233 which was also initiated under section 561A. In the above case the Appellate Division held as under: "Whether the appellant has disproportionate wealth, whether he has concealed his known source of income, whether there is mis-joinder of charges and whether the trial of the appellant on ..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... dated 23.01.1947. After that, Sudhamoni transferred her share in favour of Ahmed Hossain and Nur Mohammad by a registered deed dated 01.05.1950. Meanwhile, the Government acquired 7 decimals of land from suit plot No.78 pursuant to L.A. Case No.13/1967-1968 for construction of Dhaka-Narayangonj Lin......e issue of title of contesting defendants in a suit for specific performance of contract and this suit should have been limited between the plaintiffs and defendant. Adding of defendant by setting up independent title cannot be adjudicated in a suit for specific performance of contract…………......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......rrendered before the trial Court on 9.1.1996 and preferred the instant criminal appeal against the said judgment and order with an application for condonation of delay, and subsequently obtained bail from this Court on 27.8.1998. 4. This appeal has been appearing in the cause list since 4.4.2011 ...... victim, but according to the alleged ‘dying declaration’ it was inflicted on his chest. There is a reasonable gap between the upper abdomen and chest of a human body. P.W.8, who appears to be an independent witness stated in cross-examination that after coming back from the house of occurrence ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......s the landlady and these cases having arisen between the same parties, concerning the same properties, over the same fact and issues, they are disposed of by this one judgment. 4. Facts gathered from the mess of these cases can be shortly narrated as follows: 5. Mrs. Taherunnessa is the wife......in 22 DLR at page 56. In that case reported in 25 DLR 282 it was also a question of the status and the position of the tenant by holding over, and a question as to whether holding over is a tenancy independent of the old contract or not. In that case after quoting with approval the decisions rep......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......Code read with section 5 (2) of Act II of 1947 was started against the detenu and others for alleged misappropriation of Taka 4 crores of Agrani Bank. On 11.7.86 the detenu was arrested by the police from the Agrani Bank, Laldighi Branch, Chittagong and was remanded to custody. In Criminal Miscellan......nu was directed to be released forthwith. The relevant portions of the judgment with regard to the grounds of detention dated 25.8.88 are as follows:— "Ground No.1 being the subject matter of an independent criminal prosecution could not have been taken as a ground of the impugned order of de......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......st Article 7 of the Constitution which provides that all powers belonged to the people but this system of voting directly prevents the people's representative by threat and intimidation of punishment from exercising their part freely and without hindrance as envisaged under Article 7 of the Constitu......le 8 is another salient feature of the Constitution which provides the fundamental principles of state policy. Article 44 figures the fundamental rights and other features namely, the Judges shall be independent, that there should be a separation of power under three structural pillars. That was all......t by law but convention. A political party in English system is the pivot round which most politics in that country revolve by years of tradition and because of its vast political workers and other resources it now a days has a tremendous power of vote mobilization. Candidates, who always seek party..Category: Constitutional Law | Date: | Hits: 414
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519....... executed and registered by plaintiff-opposite-party voluntarily and being fully conversant with the contents of the deed and that it was read over and explained to her and she received prayer carpet from the done and deed in question is valid and bonafide document. 4. On these pleadings both the......s adduced evidence in support of their respective contentions. On consideration of evidence the trial Court held that impugned deed is tainted with fraud and that plaintiff opposite party did not get independent and disinterested advice prior to the execution and registration of the deed in questi......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......n Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pasharini belonging to the plaintiff-opposite party undertook a voyage from Italy to Dhaka via Cape of Good Hope and suffered a damage to its hull at Capetown. It was part......the learned Advocate for the petitioner. He, however, submits that the suit filed by the plaintiff-opposite party is not a suit to enforce the award at all. He has vehemently argued that this is an independent suit for determination of damages by the Court afresh on the basis of independent evid......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......It is suggested the Government to bring the wrong doers to Court, either by assisting the survivors in their effort to approach the law of Government on behalf the survivors realize such compensation from the wrong doers which may at least console their sufferings as accidental death shattered a fam......answer for that negligence, fraud or mistake. On the other hand, if the unauthorized and wrongful act of the servant is not so connected with the authorized act as to be a mode of doing it, but is an independent act, the master is not responsible; for in such a case the servant is not acting in the ......f fact to be decided in the light of general principles. 32. The suggestion does, however, leave open the relationship between the remedy provided by the law of tort and the various other possible sources of compensation to the victims of accidental injury. It will be noticed that this definition..Category: Civil Law | Date: | Hits: 339
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......show cause as to why they should not be directed to protect the river Jadukanta (in the mouzas of Puranlaur, Chaliarghat, Lamashram, Purbodoil and Ghagra, Police Station-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said ri......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......that the environment and ecology of the country are being continuously endangered and threatened by various activities originating from both public and private affairs. Amongst the primary causes and sources of environmental degradation remain the unregulated operations of commercial activities ofte..Category: Environmental Law | Date: | Hits: 1019
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....on story that the appellant killed his brother’s wife and, that being so, the order of conviction and sentence cannot be sustained on the solitary evidence of a child witness, which has received no corroboration from any other witness. So, the judgment and order of conviction and sentence are liab...... informant’s wife had been dealt a dao blow on the neck by appellant Siraj Miah after a little quarrel with her. At once parents of the informant left for the village house, which is half mile away from their shop in the market and the informant also went to his village home with a village doctor ......‑examination of the investigating officer, the prosecution case will not fail in every case. The question is, if such non‑examination has caused prejudice to the accused. In this case, though not independent witness has been examined, it must be kept in mind that the accused is a man of the same......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..Category: Procedural Law | Date: | Hits: 94
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