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Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....e also attested the sale deed executed by Kadam Ali in favour of Azizur Rahman vendor of the plaintiffs. They being interested in the result of the suit they cannot be relied upon without independent corroboration. D.W. 2 Haji Kala Chand Mia who claims to be a resident of Agargaon and an old man of ......hatoon and others....................Respondent Judgment June 17, 1993. Lawyers Involved: SM Monir, Advocate ‑ For the Appellants. BK Das, Advocate ‑ For Respondent No.1. Appeal from Original Decree No.43 of 1979. Judgment Kazi Ebadul Hoque J.- This appeal at the instance......y growing crops therein through their cultivators and bargadars openly, peaceably, and to the knowledge of all persons including the principal defendants and their predecessors‑in‑interest and of independent right, free from all encumbrances for more than 17 years and by adverse possession too. ......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......aw are essential to act and assume their role as guardians of the rule of law. It is said that source of judicial power is the law but, in reality, the effective exercise of judicial power originates from two sources; firstly, is the public acceptance of the authority or pronouncement of the judicia......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......ch serve to define and point out their duty in every particular case that conies before them. Courts of law are essential to act and assume their role as guardians of the rule of law. It is said that source of judicial power is the law but, in reality, the effective exercise of judicial power origin..Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......the said person. The informant along with his party men searched the body in presence of the witnesses, recovered one pipe-gym loaded with one cartridge, live cartridges and one Super automatic knife from his exclusive possession. The accused person having not any valid papers relating to those reco......in presence of seizure list witnesses, which is not proper and in compliance of Section 103 of the Code of Criminal Procedure. 10. The deposition of the witnesses are full of discrepancies and not independent and disinterested witnesses in this case. All of them police personnel, who are interest......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......e as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Tk. 38,00,000/- (thirty eight lacs) from 14 (fourteen) contractors (firms) as named in the F.I.R., who were engaged in the implementatio......and discretion vested in the ACC. The ACC owes it’s existence not only to sub-section (1), but to both sub-section (1) and (2) of section 3 of the Act. 16. The word "স্বাধীন" or "independent", as been used in subsection (2) of section 3, denotes independence from external pres......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......others and at his instance a multi‑storied building known as Janata Tower was constructed thereon and out of Tk. 10 crores required for the construction of the building Tk. 3,50,00,000.00 was taken from Uttara Bank as loan and the balance sum of Tk. 650,00000.00 was paid by him and the same amount......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... after hearing both the parties under section 241A of the Code of Criminal Procedure on the same day framed further charge against the accused petitioner for having acquired property beyond the known source of income under section 5(1)(e) of the Prevention of Corruption Act, 1947 and the said charge..Category: Criminal Law | Date: | Hits: 286
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......olice started Mirpur P.S. Case No.26 (1)2007 against the respondent under section 19A of the Arms Act. 3. The Police prepared seizure list dated 15.01.07 showing the articles and ammunition seized from the house of the accused respondent on the same day in presence of the witnesses. 4. After i......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ditional Attorney General submits that the High Court Division while making the rule absolute have not appreciated correctly that the proceeding against the accused involves information from reliable source and the informant being A.S.I, with his force along with joint force recovered huge arms and ..Category: Criminal Law | Date: | Hits: 67
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......elevant facts of the cases of both the petitioner and the respondents M/s Allenberry & Co. sometime in 1942-43 for setting up a factory for manufacturing of drums got lease of 12.50 acres of land from the then Ministry of Defence and set up a factory on the lease‑hold land and subsequently sol......t consulting the Minister of Pensions replied that the claimant's disability had been accepted as attributable to military service. On the faith of that assurance the claimant took no steps to obtain independent medical opinion or to secure possession of X‑ray plates relating to his accident. In t......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....the sons of the deceased, their evidence do not disclose anything so as to connect the convict appellants with the commission of murder of their father. Furthermore, their evidence do not receive any corroboration from & evidence of P.W. 5 Habibur Rahman, the boatman who is said to be an importa......e prosecution case, in brief, is that on 2.12.86 the informant Amjed Hossain and his father Mashar Uddin went to the Chatra hat at about 3‑30 PM. The informant stayed back in the hat. On his return from the hat at 9‑00 PM the informant heard from his brother that his father did not return home f......accused persons in the commission of the crime as nothing was said by the witness against the accused as to what happened to the victim. 17. P.W.7 Nasiruddin is another witness who is stated to be independent. He went to the hat for purchasing cow. On his way back he found accused Tasir, Fazlur R......e is total absence of physical circumstances and link to connect the accused appellants with the crime and in that situation ocular evidence, to carry conviction, has also not come from unimpeachable source and it is also not supported by any strong circumstance, so as to overcome the inherent doubt..Category: Criminal Law | Date: | Hits: 76
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....f confessional statement and in this connection he refers the case of Amir Hossain Hawlader Vs. the State reported in 1984 BLD(AD), Page-193 where Appellate Division held that mere abscondence is not corroboration. He also refers the cases cited by learned Advocate Mr. Reza Uddin Khan. 16. Now l.......04.2003 and he along with his companion forces reached to the place of occurrence at about 3.50 hours and found the dead body of Majedur Rahman Mridha alias Maju beside the rail line, 500 yards away from Madhnagar rail station. Matenur Rahman, younger brother of Majedur Rahman Mridha alias Maju, id...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......such in good faith took no steps in the said writ petition. But the Government as pro forma respondent took no step in the matter and the Rule was made absolute ex parte. The petitioner came to learn from Respondent No.1 on 5.6.91 that the Rule was made absolute and obtained a certified copy of the ......s Bank Limited Vs. Murree Brewery Company Limited reported in 8 PLR (Lahore) 111 it was held by a judgment delivered by Muhammad Munir CJ, as he then was, that a judgment or an order, however high or independent the tribunal delivering or making it and however exclusive its jurisdiction, is a nullit......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......n by birth having been born at Dhaka on the 22nd November, 1922; that his father late Moulana Ghulam Kabir was born in village Birgram, Police Station Nabinagar, District Comilla now Brahmanbaria and from generations they are permanent residents in the territories now comprised in Bangladesh; that t......een the Jamaat‑e‑Islami and the Awami League and the petitioner being the head of the Jamaat‑e‑Islami became the target of the Awami League, which later on, formed the first Government in the independent Bangladesh; that in spite of political differences with Awami League the petitioner advo...... he even obtained money from them through Rabita‑e‑alIslami to help the new State of Bangladesh. Which of these versions are true cannot be decided in this writ jurisdiction without knowing the sources of their respective information which source, according to the Attorney‑General, are hears..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......he petitioner, Needless to say, no investigation report has yet been submitted by the Investigating Agency to the Tribunal through the Chief Prosecutor or any prosecutor, as the case may be. However, from the language employed in section 11(5) of the Act of 1973, it is abundantly clear that unless...... Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 41. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this p......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......desh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judiciary from other organs of the State. They are concerned about the deviations made by the government on fo......e senior-most Judge of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every citizen to have access to impartial and independent Court's Tribunals and the exercise of that right is dependent on the independence of jud......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....89, appellant No.1 was arrested on 12.12.88 and convict Sanwar Hossain is still absconding and he has contended that their conduct is relevant under section 8 of the Evidence Act and then furnishes a corroboration of the other evidence adduced in the case showing complicity of the accused persons. I...... would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 1394 BS, corresponding to 5.11.87, at about 8‑00 PM, deceased Khasru Miah was called away from his house and taken to Nabiganj Mela by the absconding accused Sanwar Hossain and appellants An...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......ndent No.3, father of the minor-daughters was not appointed guardian by any Court and, as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom being Title Appeal No. 247 of 2007 to the learned District Judge, Dhaka. Ultimately, the said a......ced that the defendant side did not turn to cross-examine any of the witnesses. 20. Long line of judicial pronouncement of this sub-continent is that if a witness is otherwise found be reliable or independent or non-partisan or disinterested, the evidence of such alone witness can be taken as the......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ...... Refaat Ahmed J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at various stages of the arbitration process from......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......result of the breaches of contract by BCIC? vi) Whether the respondent is entitled to get compensation for the loss sustained by the respondent by importing the said quantity of goods from other source at higher price for non-supply of goods by the claimant under the contract? vii) Whether t..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......ssed by the High Court Division in Writ Petition No.11685 of 2006.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the Government of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.11685 of 2006 directing the Governmen......e is of a significant nature, and not merely of a ceremonial nature. This, in fact, affects the ability of the District Judges and other Judicial Officers to perform their functions effectively and independently without virtually being or being seen to be inferior to certain categories of civil ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....t-'Umo' are not taken into consideration, this document proves the enmity between them over the suit lands. In a case where enmity is admitted it is required as a rule of produce that there should be corroboration of the evidence of such interested witnesses as may inspire confidence in the mind o......o different persons on two different dates and if the deed which was executed subsequently was registered earlier than the other deed whether the deed which was registered earlier would take effect from the date of its registration or from the date of its execution. The Second point is whether a d......inding is totally based on misreading the evidence of D.Ws.6 and 8. The manner in which the learned Judges discarded their evidence is deprecated. Nurul Islam (D.W.6) has been claiming the suit lands independently and contesting the suit as defendant No.7. He does not support the plaintiff or the de......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....r 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 sources is available to the evidence of a hostile witness, there is no reas......y lodging the F.I.R. on 30.4.2004 stated having seen the Condemned Prisoner Kazol, along with the other F.I.R.-named accused Manik, Shibu Sen, Krishna Dutta and Sumon accompanying the deceased Taposh from home towards a nearby shrine. The accused persons having so taken the deceased to Malkhanagar, ......ation. It is also asserted by the I.O. that no witness at the time said anything, in particular, about the P.W.12 Hira being the messenger of the news of Taposh’s fatal injury. 5. There are some independent witnesses in this case, aside from P.W.1 Marzina, of whom the P.W.s 8, 11, 16, 17 and 18......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 sources is available to the evidence of a hostile witness, there is no reason why his evidence shoul..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......th Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the borrower”), Proprietor, Marshal Ho......t of the loan facility. While the Petitioner now seeks to enforce the ostensible strict liability of the Respondent No.1 to settle the dues under the Guarantees irrespective of the Petitioner’s own independent dealings with the borrower, the Respondent No.1 questions the very premise of these wind......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
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