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Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......ath Govinda Nayar Vs. Parekalattil Achutan Nair, AIR 1940 Mad 678. Lawyers Involved: Abul Hasnat with M Maniruzzaman, Advocate-For the Appellant. Not represented- the Respondent. Appeal from Original Decree No. 644 of 1991. Judgment AHM Shamsuddin Choudhury J.-This First Appeal i......5(3) belongs to the realm of the substantive law of Contract, not to that of the adjective law of Limitation. They represent two distinct genetivity. All that section 25(3) does is the knitting of an independent contractual nexus between the time barred creditor and the debotor, as a corollary of wh...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....ised accused Bashar who gave chura blow on his father's chest and kept it pressing thereon. He submits that prosecution tried to use above evidence of PW 14 as to recognition of accused 'Bashar’ as corroboration to the disclosure of name of Bashar in Exhibits 8, 9 and 10 of above co-accused Shahab......aha Alam, elder brother of informant Nazrul Islam, slept with son of Jahirul Hoque in the night following 11‑12‑92 in a temporary ‘chapra ghor' constructed at a distance of 50 yards to the east from their house to guard sugarcane field. Hearing hue and cry informant went to the said ‘chapra ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... কেও মার ধোর করে এ কথা শুনেছি” Above statements of PW 7 and 10 as to police torture and beating of accused will be hearsay only in the absence of their source of above information. In other words, it must be said clearly from whom and when PWs 7 and 10..Category: Criminal Law | Date: | Hits: 42
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......ed the Rule and the trial was stayed. 4. Mr. Rafique-ul Huq, learned Counsel, appearing for the petitioner submitted that the Anti-Corruption Commission Act, 2004 came into effect on and from 09.05.2004 and unless any complaint, investigation, enquiry, filing of case or sanction were co......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......notice under Memo No. Dudak/103-2007(Anu-2)/3152 dated 29.05.2007 submitted a statement of his assets through his attorney Md. Zillur Rahman which was alleged found by disproportionate to his known source of income and thereby he alleged to have committed the offence publishable under Sections 26(..Category: Anti-Corruption Laws | Date: | Hits: 120
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......iff Nos.1 and 2 transferred the land to different persons. The plaintiffs have executed and registered the deed by putting their signatures on the deed after receipt of the consideration of money from defendant Nos.1 and 2. The present market value of the land would be about 2 lacs taka. For thi......inciples of law that when a document is executed and registered by a village illiterate pardanshin lady onus heavily lies upon the recipients of the document to show that the executrix had proper and independent advice before she executed the document in question. In a case of fraud the question of ......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..Category: Property Law | Date: | Hits: 84
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....nce of an accused person in some circumstances may not be an incriminating circumstance against him in respect of his guilt but long abscondence is an important circumstance against him and furnishes corroboration of the prosecution case. Sections 8 and illustration ‘c’ of section 9 of the Evide......instance of some local people as a result of which accused Saiful Islam promised not to misbehave with Shefali and took her to his house. On 17‑1‑1996, at about 5.00 PM the informant came to know from his sister's husband that Shefali was done to death in the house of her husband. Hearing the ne...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......1989 passed by the Registrar of Trade Marks in Rectification Case No. 26 of 1985 whereby the registered Trade Mark No. 8115 of the appellant was ordered to be rectified by removing the word "Express" from the label of the appellant. 2. The respondent No.2 Ardath Tobacco Company Limited filed an a......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......"State Express" being the trade mark of the respondent No. 2 the registration of the trade mark "Express" by the appellant was intentional to create confusion in the minds of the people regarding the source of the products of the appellant inasmuch as the confusion is improbable, impossible in the f..Category: Intellectual Property Law | Date: | Hits: 226
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....independent, natural and probable witness in support of its case. In a case of rape the person of the victim and of the place where the alleged rape is stated to have taken place usually provide good corroboration to the story of rape given by the victim and these are regarded as sine qua non for es......ation. In cross-examination, he stated that he did not find any mark of injury on the person of victim Arzina Khatun. He stated that the shallow machine stands at a distance of about 30 highs of land from their house. He stated that Mst. Arzina Khatun took a Badna while going to the latrine but they......h Adalat was manifestly wrong in passing the impugned order of conviction and sentence against the accused-appellant. The learned Advocate submits that since the prosecution has failed to examine any independent, natural and probable witness to support its case, the impugned order of conviction and ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......hief Metropolitan Magistrate on 27‑3-2002. The learned Sessions Judge enlarged them on bail in that case on 1‑4‑2002 on Criminal Miscellaneous Case No. 1484 of 2002. Before they were released from the jail custody, the Dhanmondi Police prayed for showing them arrested in Dhanmondi Police Sta......credible" and "reasonable" used in the first clause of section 54 must have reference to the mind of the person receiving the information which must afford sufficient materials for the exercise of an independent judgment at the time of making the arrest. In other words, the police officer upon recei......the accused is not entitled to bail. 24. In India the third report of the national police commission referring to the quality of arrests by the police mentioned power of arrest as one of the chief sources of corruption in the police. In the said report the following suggestions made, inter alia, ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....mony alone. Though conviction of an accused on the testimony of an accomplice cannot be said to be illegal, yet Courts will, as a matter of practice, not accept the evidence of such a witness without corroboration in material particulars. 27. Tire law may be stated in tire words of Lord Reading, ......h Court Division by way of Reference by learned Additional Sessions Judge. Reference has been numbered as Death Reference No. 18 of 2000. Convicts Liaquat Lashkar, Ershad Ali Sikder, and Jamai Farooq from Jail presented petition of appeal being numbered as Jail Appeal No. 1037 of 2000. Convicts Liaq...... two whose names may have been introduced because they are enemies of the approver. The only real safeguard therefore, against the risk of condemning the innocent with the guilty lies in insisting on independent evidence which in some measure implicates each accused. 29. For corroborative evidenc......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....s one of the requirements was to inform the Jury during trial that rape charges was easy to bring but difficult to defend. Consequently, in a tide of Law Reforms this requirement was removed. Rule of corroboration which was much stricter in trial for the offence of rape than for other offences was l...... accept Ratna Rani as the wife of his son Shibu Pada but, thereafter, the former refused to accept Ratna Rani as wife of Shibu Pada. 13. PW5 Ayub Ali, PW6 Ferdousi and PW7 Seraj Miah were tendered from prosecution. No cross-examination was administered to PW5 and 6. PW 6 was cross‑examined by d......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....he condemned prisoner relying on his confessional statement in the facts and circumstances of the case inasmuch as the confessional statement is binding on him as its maker even in the absence of any corroboration. 18. The point raised by the defence that the trial has been vitiated on the ground......bout 7‑00 AM in the morning on 29‑6‑1998 and thereafter he returned home and saw the dead body of his daughter Jannati in the sugarcane field and thereafter, having learned about the occurrence from others lodged the first information report with Bogra Sadar Police Station at 12‑30 PM on 29...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......ellate Division struck down the SRO notification and the order for assessment on the basis of such notification on the ground that the tariff value was not based on any objective information obtained from reliable and relevant materials. 9. Section 25 of the Customs Act provides: "Whenever Cus......provision that customs duty is to be levied on the actual price or the nearest equivalent of such price the imported goods would fetch on a sale in the international market between a buyer and seller independent of each other. Sub‑section (7) of section 25 of the Customs Act no doubt, empowers the......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....fication parade seems to be to test and strengthen the true worthiness of the evidence of the evidence given in the court. As a safe rule of prudence, it is considered necessary to generally look for corroboration of the sworn testimony or witness in the court as regards the identity of an accused. ......at, on the night following 14‑12‑1993 at about 14‑00 hours 10/12 dacoits entered, being armed with kata, gun, rifle, etc. into the house of the informant Md. Idris and looted away cash and kind from the house of the informant, that 5/6 dacoits at the same time entered into the house of the bro......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..Category: Criminal Law | Date: | Hits: 54
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....s been missing. He admits in cross-examination that the police has examined him after one year of the occurrence. 11. Mohammad Azgar Hossain (PW9) and Md Mosharraf Hossain (PW8) made statements in corroboration with PW4. We found no relevancy in their evidence, inasmuch as, they stated that on 25......kimul Islam has been missing since 23rd February, about one and a half to two years ago. Akimul has served as telephone operator in Lokpur Fish Company. His whereabouts cannot be traced out. He heard from the newspapers published on 29‑9‑99 that Ershad Sikder killed a boy of Jhenaidah, by breaki......ng, in the generality of case that no reliance can be placed on the evidence of an accomplice unless that evidence is corroborated in material particulars, by which is meant that there has to be some independent evidence tending to incriminate the particular accused in the commission of the crime. I...... is necessary that the corroboration should confirm all the circumstances of the crime. It is sufficient if the corroboration is in material particulars. The corroboration must be from an independent source. These were the views expressed in the cases of Md Hossain Omar Cosra Vs. KS Dalipsinghji and..Category: Criminal Law | Date: | Hits: 110
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......t up an Oil Refinery Industry under 100% Foreign Investment with the approval of the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (South-East Asia) Private Limited, 37 Graig Road, Singapore for the import of 3,......t the time the Bill of Entry is delivered. 12. Md. Bazlur Rahman Chhana, the learned Deputy Attorney-General appearing with the leave of the Court, submits that the petitioner was required to show independent reliable materials apart from the invoice to establish that the invoice value was the no......titioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 to show us that Crude Degummed Soyabean Oil falls under th..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......at in a proceeding under section 133 Cr.P.C. being Criminal Miscellaneous Case No.26 of 1983, petitioner and others, who were second party of the said proceedings were directed to remove obstructions from a river. The said order has been affirmed by the learned Sessions Judge. Thereafter, the learne......f the Code of Criminal Procedure. When a litigant resorts to section 438 of the Code of Criminal Procedure, Sessions Judges must read section 435 of the said Code together, because section 438 is not independent of section 435. In other words section 438 should be read along with and subject to the ......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......r section 447 of the Penal Code and sentenced them to suffer rigorous imprisonment for 3 (three) months with a direction to run the sentence of Mukit and Angurer Nessa concurrently. 4. On appeal from the aforesaid judgment and order of conviction and sentence, the High Court Division by the imp......order of Angurer nessa, Mukit caused the death of Faziruddin. 13. The High Court Division reassessed the evidence on record and observed that P.Ws.1-5 are eye witnesses, of them, P.Ws.3 and 10 are independent witnesses. The High Court Division further found that these witnesses corroborated oth......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......e accused held out the Holy Koran in his hand and promised to marry her. Herein I find a significant departure in the prosecution case than what was made out in the petition of complaint. It is found from the evidence of PWs 2-3 that the accused had sexual intercourse with the victim on the promises......s examined by the prosecution are close relations of the complainant and are imimically disposed towards the accused petitioner. The prosecution has signally failed to examine even a single probable, independent and disinterested witness to support its case without any reasonable explanations. The s......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....e country neighbouring people cannot normally be expected to depose against powerful accused for fear of inviting their wrath and repugnance. In the context of realities the concept of ‘independent corroboration’ must be given a liberal construction and restricted meaning and it should not be ri......ccused persons dragged informant Sakera and her uncle Mir Hussain to their house and kept them under confinement, tied with ropes. On their cries neighbouring people came and heard about the incident from them and hence the case. 4. The police after usual investigation submitted charge-sheet agai......idence or non-consideration of any vital evidence and circumstance materially affecting the merit of the case. It is true; in this case PWs 1-3 are close relations. PWs 4 and 5, however, appear to be independent witnesses having no animus against the accused petitioners. There is no earthly reason t......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......ioner No. 1 QC Shipping Limited, a limited company, is the sole agent of QC Containers Lines Ltd. The petitioner 1 carries on business of carrying goods by sea and as clearing/removing the containers from the vessels owned by it at Chittagong Port. The QC Container Lines Limited is a joint venture c......ned judges as noted above. 8. Mr. Huq states that this Court in exercise of its power under Article 102 can order to refund of money realised by the respondent No. 1 without sanction of law and no independent suit for refund of such money is necessary. Whether an independent suit is necessary for......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
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