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Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......f the facts, circumstances and the decision referred above, we are of the view that the prosecution failed to prove its case beyond doubt and the appellant is entitled to be acquitted at least on the principle of benefit of doubt. 31. In the result, the appeal is allowed. The Judgment and order o......n 19‑4‑1993 in Special Tribunal Case No.541 of 992 convicting the accused appellant under section 25D/25B/(1)(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay a fine of Taka 20,000.00 in default to suffer simple imprisonment for one yea......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......e apprehension of the two condemned prisoners Kamal and Emdad have been withheld deliberately and this has created a serious doubt in the genuineness of the prosecution case. But it is well‑settled principle of law that the prosecution is not bound to examine each and every witness who has some kn......��………………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kas...... were started. Mofazzal Ali Haider filed separate appeal. The other condemned prisoner Matin is still absconding and Mr. Basharatul Moula has been engaged by the State to defend him. 6. Points for determination in this appeal are (1) whether the death reference made by the learned Additional Sess..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......act and indicating the quality of the act as being an act in the course of the conspiracy or the words written or spoken may in themselves be acts done in the course of the conspiracy. This being the principle, their Lordships think the words of section 10 must be construed in accordance with it and......framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑r......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..

Category: Criminal Law | Date: | Hits: 107

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)

....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this Rule, briefly, be put thus:- 3. One Talukder A. Razzak, being the informant, lodged an F.I.R. against the accused-petitioner with the New Market Police Station, Dhaka w......oth the sides and perused the petition under Section 561 A of the Code of Criminal Procedure and the annexure filed therewith, the F.I.R., charge sheet and the case records. 10. The only point for determination in this Rule is whether the instant proceeding is liable to be quashed as prayed for b..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......rests of certain of the other shareholders-directors of the Company constituting at the time of the disposal of this Matter four of the five original Petitioners in this case. The Petitioners have so formulated the case as to identify the Respondent Nos.2 to 9 as the shareholders-directors whose con......the same to be illegal without lawful and of no legal effect. Any pecuniary benefit as has accrued to the Respondents or any body else by way of unlawful gain will have to be repaid to the Company. A determination of the extent of such unlawful gain and the corresponding repayment shall form a par..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......ciplinary actions of all classes of employees of the River Research Institute to its Director General. The Director General being subordinate in rank to the Board of Governors, in view of the settled principle as above, can not, as a designated Officer, exercise the power of appointing authority, na......is also Reported in: 7 LG (HCD) (2010) 258. ......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ...... the Court is to consider his plea only after, and not before, the prosecution lends evidence for sustaining a conviction……………………(30) Proof beyond reasonable doubt The cherished principles or Golden thread of proof beyond reasonable doubt which runs through the web of our law f......ight and the clearness of his own proof……………………………………(26) Burden of proving alibi Burden of proving alibi or any other plea specifically set up by an accused husband for absolving him of criminal liability lies on him. But this burden is somewhat lighter than that...... probable and competent and there is no internal point of falsehood in their evidence on any point and as such the impugned Judgment calls for no interference by this Court. 12. The only point for determination is whether the learned Sessions Judge, Bogra was justified in convicting and sentencin..

Category: Criminal Law | Date: | Hits: 108

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......r 6 rule 17 of the Code of Civil Procedure is very wide and should be exercised leniently and judicially but not arbitrarily according to the facts and circumstances of each case and the well settled principles. Referring to the averments made in the plaint and the proposed amendment, he submits tha......s issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 p......r that there are 2 prayers for declaration; but those prayers are in fact one in nature and co‑related and that in the suit for permanent injunction, those are very material, rather real issues for determination and the proposed amendment if allowed will never change the nature and character of th..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......5, rule 3 a decision in the case of Fazlur Rahman Vs. Rajab Ali and others reported in 30 DLR (SC) 30 may however be profitably looked into. In the said decision it has been observed: "The general principle is no doubt that the issues in a suit shall not be tried in part but should be disposed of......No.230 of 1980 reversing the Judgment and decree dated 20‑11‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impugned Judgmen......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..

Category: Property Law | Date: | Hits: 113

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......d of by this judgment. 2. It has been asserted in the plaint that the plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his hous...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 25. After reading of the above noted principle, we find a clear view of law as it stands today that interference of this court in exercis......hury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state. Moinuddin, Advocate-For the Informant. Criminal Miscellaneous Case No. 24031 of 2010. Judgment A......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......ut held that the learned trial Court elaborately discussed all the issues and there is no illegality or error in law committed by the learned trial Court in decreeing the suit. 10. The established principle of law is that in a suit for declaration of title and for recovery of possession, the plai.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of aucti......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..

Category: Property Law | Date: | Hits: 106

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......h it is used because the context often provides the key to the meaning of the word and the sense it carries. Lastly, In Doly Enterprise Vs. Additional District Judge, 59 DLR 37, reiterated the same principle stating: "It is also the settled Rule of construction that in arriving at the true mean......17.9.2003 passed by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamda...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......ed 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 03.06......oards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Acc......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......1) of the Act provides that the provisions of the Code of Criminal Procedure shall in so far as they are not inconsistent with the Act apply to the proceedings of the Court of a Special Judge. So the principle of law enunciated in the case of Abdus Salam Master quoted above is applicable in this pro......twali Police Station Case No.39 dated 17.12.2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank Tultik......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..

Category: Criminal Law | Date: | Hits: 85

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......is a legitimate method of enforcing payment of a just debt. A creditor who is unable to obtain the payment of his debt has the right ex debito justitiae to a winding up order." 23. The aforesaid principle was cited with approval in the case of BSRS Vs. M/s Ashraf Jute Mills, reported in (1990) ......nbsp; Company Matter No.43 of 2007. Judgment Zubayer Rahman Chowdhury J.- This is an application under section 241 read with section 242 and 245 of the Companies Act, 1994 (briefly, the Act) for winding up of respondent No.1 Vantage International Limited. 2. The petitioner Cathay Pacific......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..

Category: Company Law | Date: | Hits: 164

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......ls as well'. This sort of Barges whether could be treated as vessel or ship meaning thereby a navigable devise have been in number of occasion considered in the common law jurisdiction. There are two principle lines of cases in that jurisdiction which consider different aspects of the question wheth......M Abdur Rahman J.- By this application/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defendant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......use as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money...... to filing of cases in civil Courts.- No suit, case or any application shall lie to any civil Court, except the Courts, tribunals and authorities authorized by or under this Act, for the purpose of determination of the legality or propriety of an order or decision, as the case may be, regarding ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......f law, would not by itself attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case ......1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While concurring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 124

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ....... Mr. Rafique‑ul Huq, the learned Counsel appearing on behalf of the appellant, submits that the order of suspension passed by the disciplinary Committee cannot be maintained, as it offends the principle of natural justice. He submits that the plaintiff was not given the legal and proper oppor......gment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 1995. The learned Subordinate Judge by the said order rejected the appellant's prayer for injunction. 2. The short fact leading to this appeal is, that the present appellant as plaint...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..

Category: Others | Date: | Hits: 154

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