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Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......pondents Judgment August 5, 2003. Lawyers Involved: Mahamudul Islam with Abdul Quayam, Advocates - For the Appellants. Rabiul Alam Chowdhury, Advocate-For the Respondents. Appeal from Original Decree No. 328 of 2001. Judgment Md. Abdur Rashid J.- Defendant No. 1 presented ......t, such deeds cannot be accepted in law as executed as part performance of the contract. In the circumstances, only possible conclusion could be arrived at that the parties made transactions, if any, independent of the contract on the basis of agreement, deed to deed. Therefore, both the parties mus......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......nce examined none. 7. After taking evidence and examination of accused under section 343 of the Code of Criminal Procedure the learned Magistrate has been pleased to acquit all the accused-persons from the charges by his judgment and order dated 3 1‑1‑200 1. 8. As against the said judgment......Criminal Procedure. Under sections 423(1)(a) of the Code, the Revisional Court is competent to set aside a judgment and order of acquittal of the trial Court and remand the case for re-trial on his independent assessment of evidence on record. The learned Additional Sessions Judge, in the instant ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......hority have levied customs duties at the said rate on the basis of Tariff Value ignoring the auction price which is also illegal and without jurisdiction. Dr. Zahir further submits that it is evident from the confirmation order passed by the Admiralty Court that the ship had no steering and it was i......oating structures for breaking up". After beaching, a ship upon declaration as a scrap vessel starts dismantling some of its movable apparatus, engines, etc., which subsequently appear disintegrated, independent and fit for disposal without being scrapped and for which an inventory showing all the g......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....t father of P.W.1 did not come to depose as witness to support the allegation. It is abnormal and also unnatural. Evidence of P.W. 1 is the sole and only evidence on the point. There has not been any corroboration on above demand of dowry from any independent witness. It is unsafe to rely on the sol......ter marriage she went to the house of her husband and continued to live there. Out of their wedlock a son was born. The complainant noticed that the husband had been addicted to drinking and gambling from before. The accused used to demand dowry from her and used to cause mental and physical torture......ess to support the allegation. It is abnormal and also unnatural. Evidence of P.W. 1 is the sole and only evidence on the point. There has not been any corroboration on above demand of dowry from any independent witness. It is unsafe to rely on the sole evidence of P.W. 1 complainant to record order......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... 2003. Judgment MM Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned actions excluding the names of the 292 candidates including the petitioner, from the notice bearing No. BASAKAKA-Pa Ni: Shakha dated 256-2003 (Annexure A) issued by the respo......een taken by the Government for the welfare and benefit of the freedom fighters and the children of freedom fighters/shahid freedom fighters. 21. In a democratic society it is essential to have an independent public service commission free from the control of the Government. Part IX of Chapter II...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......s Act and sentencing him to suffer rigorous imprisonment for a period of 14 years and 7 years respectively and both the sentences to run concurrently. 2. The prosecution case, as it transpires from the deposition of PW 6 Sub-Inspector Matiur Rahman of Kotwali Police Station, Dhaka, who is the......g of the trial Court on the point of exclusive possession and control of the said arms and ammunition by the appellant was legal which cannot be interfered by this Court. Moreover, as he submits, the independent seizure list witnesses, though declared hostile, eventually proved the prosecution case ......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......s of the deed and that the learned Court below have committed an error of law resulting in an error in shifting the burden of proof of the genuineness of the unregistered deed of gift dated 19-6-1948 from the shoulder of the defendant onto the shoulder of the plaintiff. He further submits that the l......iven in Other Appeal No. 25 of 1995 which was decided only on some preliminary points but both the Courts below did not enter into the merit of the suit; that neither of the Courts below has given an independent findings and observations, while passing the impugned judgment and decree but reiterated...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ed and examined in order to substantiate the case against the accused person, whereas the defence did not examine any witness. From the trend of the cross-examination of the prosecution witnesses and from the statement of the accused given when examined under section 342 of the Code of Criminal Proc......or legal guardians,and to have or legal or other appropriate assistance in the preparation and presentation of his or her defence; (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body body in a fair hearing according to law, in the......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....g in their house as domestic son-in-law. On the following day of the occurrence she found her daughter dead and the body bore multiple marks of injuries. The evidence of PW 1 Anowara Khatun furnished corroboration with the evidence of PW 5, Md. Ismail Dalder, father of the deceased. It further appea......on evidence the accused on dock was examined under section 342 of the Code of Criminal Procedure, again he repeated his innocence and led evidence in defence. 7. The defence case, as it transpires from the trend of cross-examination, is that of innocence and false implication. It was divulged in ......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..Category: Criminal Law | Date: | Hits: 40
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....umbed to the injuries. 36. On close analysis of the evidence of injured witnesses viz PWs 2, 5 and 6 and the other local eye-witnesses viz PWs 8, 9 and 10 it appears that their evidence furnished corroboration with the evidence of PW 1 in respect of causing injuries by the appellants upon the de...... calling upon the appellant Raushan Ali and appellant Hakim Ali to show cause as to why the sentence of imprisonment awarded to them should not be enhanced. 2. Both the appeal and Rule have arisen from the common judgment. These have been heard together and being disposed of by this judgment. ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ...... he asked his daughter and wife about the acid burn injury, then both of them told him that at about 8-20 PM they were talking inside their kitchen when 3/4 unknown persons entered into their kitchen from the south side and threw acid on the face of victim Beauty which caused serious burn injuries o......relying on the decisions reported in 16 DLR 598, 1988 BLD 210, 1986 BLD 436, repeatedly urged before us that unless the retracted confessional statement is corroborated in the material particulars by independent evidence on record it cannot be the sole basis for conviction. 39. We have carefu......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....ruddin Malitha in this case in any way. 13. Thus it appears that the solitary statement of P.W. 4 regarding the hurt allegedly caused on the body of victim Abdul Karim by Badaruddin Malitha has no corroboration by any of the witnesses. In this view of the matter, we feel that it is not at all saf......sed persons then fled away. On the same day at about 4-15 P.W. Aftab Hossain Tarapdar, God-father of the victim lodged the F.I.R. with the Jibannagar Police Station at a distance of about 3-1/2 miles from the place of occurrence, P.W.2, Abdul Bari, S.I. of Police recorded the F.I.R. and accordingl......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....gment and order of conviction and sentence merely on surmises and conjectures and upon so-called circumstantial evidence and the extra-judicial confession of the condemned-prisoner without specific corroboration by any reliable and independent evidence. Hence, the impugned judgment and order of ......g his net in the water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurrence from his house and saw the dead body of deceased Babu Mollah with cut injuries on his throat. Afte......ce cannot but be taken with a grain of salt. 26. It has been held in the case of Jahur Vs. Crown reported in 6 DLR 246 by a Division Bench of the High Court of the then East Pakistan that "without independent evidence of corroboration it is not possible to accept the extra-judicial confessions as...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......of complaint in the Court of Upazila Magistrate under section 406 of the Penal Code on the accusations, inter alia, that he had a partnership business with the accused and they used to purchase paddy from different places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 ......ness between the petitioner and the opposite party is concerned it has been again found by the lower appellate court on consideration of evidence on record that the transaction in question was an independent one different from the previous transaction between the complainant and the petition......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......Vs. Kharda Co. Ltd. 20 Cat. WN 254 - (AI.R. 1916 Cal: 367). Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant Nos. 1-3. M. Fazlul Karim, Advocate - For the respondent. Appeal from Appellate Decree No. 331 of 1968. Judgment Bimalendu Bikash Roy Chowdhury J. - This appea......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......ch of the Calcutta High Court in the case of Biswanath Banerjee and others-Vs. Balailal Mukhopadhya and others, AIR 1973 Cal. 345 at page 351 of the report, that "where there is a clear picture as to source of passing of consideration in a transaction, long and continued possession of the parties tr..Category: Property Law | Date: | Hits: 29
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18........1.87 for a period of 30 days. On the same date the grounds of detention were served upon the detenu which were all vague and unfounded. The said detention order was extended for a period of 3 months from 26.3.87 by an order dated 19.2.87 passed by the opposite party No. 2 namely, Assistant Secretar...... From the facts on record, it appears that between 22.5.74 and 24.5.74 there is a gap of two clays when there was no order of detention. The order passed by the Government on 24.5.74 is no doubt an independent order, but it purported, to continue the earlier detention. The detenu was not released ...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....ntacted his Advocate who told him that the date of hearing was fixed sometime in the second week of September, 1980 and that he would inform the appellant the date of hearing in due time. There is no corroboration of this statement of P.W.1 in the evidence of P.W.2 except that he made a bland statem...... Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker Mahbubuddin Ahmed - for the appellant. Fakir Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appe......lication, therefore, can be preferred or made along with averments that are necessary to be made to make section 5 "applicable" to them. The section itself does not postulate making of a separate and independent application. 12. This view of ours finds support in the case of Firm Kaura Mal Vs. Fi......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......has accused the Higher Courts of patronising terrorist by granting them bail indiscriminately. The Home Minister made the statements in the Jatiya Shangshad while replying to a supplementary question from ruling MP Shahina Monwara Haq during question-answer session. The Minister said, “Sitting on ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possession of their homestead at Gudaraghat/Bhashantek Basti, CS Plot Nos. 776 &...... 6, his Lordships Mr. Justice ABM Khairul Haque observed to the effect that: “Bangladesh came into being as a fulfillment of the dreams of the millions of Bangalis so that they can breathe in an independent country of their own. They knew that their country is not rich but expected that social ...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ession of the resolution never to repeat again and (5) the contemner made humble submission to the authority of the Court. We have already noted the different stands taken by Ershad in this matter from time to time. In the case of Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237 It has been obs......ished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that ......f all Judges, even the personal traits of the members of the Bar and the Judges are quite often fully known to the Chief Justice and other judges of the Court who get such information from various sources. There may, however, be some personal trait of an individual lawyer or Judge, which may be..Category: Criminal Law | Date: | Hits: 130
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