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State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
.... allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The appellants were members of the unlawful assembly armed wi......P.W.15, Md. Fazlul Haque, Mr. Malek argues that he is an interested person in the prosecution of the accused persons in this case. Moreover, his statement was recorded by the Police at a very belated stage on 28‑7‑98. Hence his evidence cannot have evidentiary value and should be discarded. Mr. ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....ether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an affidavit at the end of any statement not only gives the same a touch of authenticity, but it also binds down the maker of t......under Article 58(1) of the Order, this Court is bound to dismiss the petition for noncompliance of Article 51(1)(a) and (b). In answer to a query from the Court, he submitted that even at this late stage such course should be followed. Mr. Halder, on the other hand, referred to the decision in the......pleadings should be expunged and evidence supporting such deposition left out of consideration. However, for the reasons stated above, I am not inclined to accept such submission at this stage of the proceedings. 62. Regarding the use of publicity to sway the religious sentiments, Mr. Halder has ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....n Shil and the evidence of D.W.3 Md. Abu Taher, constituted attorney of contesting defendant No.5, the Advocate Commissioner's reports (Ext.-13), D.W.5 Md. Anser Ali and D.W.6 Md. Babul proved beyond any shadow of doubt that the plaintiff is a co-sharer in the suit dwelling house and he has his own ......ioner's report Ext-13 was admitted into evidence in his presence without any objection whatsoever from the side of contesting defendant No.5, it is too late in the day to raise such objection at this stage, especially in view of the fact that there is nothing on record to prove that the contesting d......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....ion of grievous hurt as the injury complained of has not extended from the outer surface to the inner surface of the skull. He, therefore, contends that the appellant be acquitted of the charge or at any rate the offence in question does not fall under section 326 but may, at the most, come under se......sional application and the delay was condoned by this Court on 10.5.2009. 3. The facts necessary for the disposal of the present revision and as presented by the prosecution may be set out at this stage. 4. On 06.10.2003 the accused-petitioner along with 20 others armed with deadly weapons for...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
...., 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/harassment must...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......e main principles, namely, (1) When such domestic authorities have acted under bias or in bad faith or malafide; (2) When such authorities have violated the principles of natural justice in the proceedings and conclusions before it; or (3) When such authorities have exceeded their jurisdict..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... having territorial jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan. A bare reading of Article 27 of the Order does not leave any doubt that the provisions are made with intent to expedite realization of arrear loan from the b......the property of the petitioner mortgaged to the Corporation as security against loan taken by him. The application gave rise to Miscellaneous Case bearing No. 39 of 1993. It is also clear that at one stage the Miscellaneous Case was transferred to the Court of the District Judge, wherein it was renu......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
.... Result: The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... for framing charge under section 420 of the Penal Code against the accused petitioners. Therefore, the Proceeding pending before the Court of Magistrate, 1st Class, Satkhira in CR Case No.55/2004 is proceeding in abusing of process of Court, as such, the same should be quashed and the rule is to ma..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....tion 31 The Penal Code, 1860 (Act No. XLV of 1860); Section 304, Part II. The Evidence Act, 1972 (Act No. I of 1972) Suggestion without being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generall......rup from the factory and over this incident Sree Kanta, an employee of the said factory, had an altercation with Jaba Rani Das and her mother Kushala Maya Rani at the house of the informant. At one stage of altercation Jaba Rani and her mother chased Sree Kanta to the house of the appellant and th......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....redient of section 403 of the Criminal Procedure……………..(12) In a case, the essential fact of filing previous complaint petition has been totally concealed and nothing is referred to show any averment about the earlier complaint petition containing same allegation, and it does not disclo......5(Ma) of 2007 on 29-1-2007. The learned Senior Judicial Magistrate, Court No.1, Manikganj, by his order dated 1-11-2009 observed that the previous CR Case No.13(Ma) of 2007 was withdrawn before the stage of framing charge and, as such, the order of acquittal as recorded in that case was illegal. I......ed petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to o..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....is payable on demand……………(39) The Family Court Ordinance, 1985 (Ordinance No. XVIII of 1985), section 5 Although legitimacy is not specifically mentioned in section 5, the expression "any suit relating to, or arising out of, all or any of the following matters" occurring therein is......irman. 29. So the talaq allegedly given by defendant No.1 was no talaq in the eye of law. There is nothing on record to show that petitioner complied with the said section 7(1) at any subsequent stage. The inevitable conclusion is that the marriage is still subsisting. 30. Dower and deffer......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....in sub‑section (1) of section 491 that "Whenever it thinks fit" which postulates that if it appears to the High Court Division to take appropriate action against an improper or illegal detention of any detenu, it can pass appropriate orders. A third party may also apply on behalf of the detenu. Bu...... vitiated thereby.” It was further observed, in that case that the further order of the Home Secretary altering the place of detention to Kohat was ineffective to remedy the defect appearing at the stage of the implementation of the Deputy Commissioner's detention order. The detention order in the......een enlarged by the fundamental rights guaranteed to him by the Constitution and thus, whenever he relies upon his fundamental rights in his application, he is, in fact, invoking the said rights. The proceedings of a writ of habeas corpus under section 491 inevitably partake of the character of proc..Category: Criminal Law | Date: | Hits: 114
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....t by the Courts below having been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of legal aspects involved in suit. Moreover, I do not find any misreading or misappreciation of the materials on record. Therefore, the concurrent findings of ......he purpose of his own success and the pre-emptee has ample opportunity to discard those documents in his cross examination. Therefore the application for re-calling P.W.1 cannot be denoted as belated stage, so the Courts below after appreciating the materials on record by allowing the application co......…………………Opposite party Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the pu..Category: Procedural Law | Date: | Hits: 163
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....141 (b) of the Negotiable Instruments Act………………………(5) An offence under section 138 of the Negotiable Instruments Act is committed when a cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheque is presented to the bank for encashment......ate by his order dated 14‑1‑2002 framed charge against the accused petitioners under section 138 of the Negotiable Instruments Act fixing 19‑2‑2002 for examination of witnesses. It is at this stage the accused petitioners moved this Court and obtained the Rule in which further proceeding has....... Judgment Md. Ali Asgar Khan J.-This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of CR case No.1221 of 2001 under section 138 of the Negotiable Instruments Act now pendin..Category: Civil Law | Date: | Hits: 163
....ing Laboratories Limited (In Liquidation) under section 253 of the Companies Act, 1994 (briefly, the Act) for stay of the winding up proceeding altogether.
An application for winding up of the company was filed at the instance of the shareholders under section 241 read with section 245 of the A......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......
Judgment
January 7, 2010.
Result:
The application is allowed.
The Companies Act, 1994 (XVIII of 1994); Sections 241, 245 and 253
The Court has been empowered to stop the winding up proceeding altogether under section 253 of the Companies Act, if it deems fit to do so. The sharehol..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....dgment March 11, 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followe......nciple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand....... Judgment Siddiqur Rahman Miah J.- This rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite party to show cause as to why the proceedings in ST case No.192 of 2008 arising out of CR Case No.36 of 2007 undersection 134 of the N..Category: Criminal Law | Date: | Hits: 134
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....Result: The appeal is allowed. The Explosive Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to per......place about one year ago. At about 12/12-30 hours he found a boy sitting in a car at Paikpara. He proved his signature in the seizure list as Exht.1/2. He did not see the recovery of alamats. At this stage he was declared hostile and cross-examined by the prosecution. He denied the suggestion that 2......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generally signed before rising of the Court. If the appellant file the application on......e, Feni in Family Appeal No.10 of 2008 are set aside. Family Appeal No.10 of 2008 is readmitted to its file an number. The learned District Judge, Feni is directed to proceed with the appeal from the stage when it was dismissed for default. Learned District Judge, Feni is further directed that he sh......erial irregularity or fraud in publishing or conducting the said sale. If the ground for impugning the sale is fraud in publishing or conducting the sale then, according to the terms of the rule, the proceeding is to be initiated by a person as has been named in the said rule and recourse cannot, ce..Category: Procedural Law | Date: | Hits: 154
.... BCIC along with the specific bank identified as Respondent No.2, The City Bank Ltd. (hereinafter referred to as 'the Bank') in each of these cases shall not be restrained from encashing and making any payment under the specified bank guarantees until further orders. It is also evident that pursua...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... upon request made of the Respondents. Stressing the fact that the services of the Notices of Arbitration dated 6-2-2007 on that very dated in the eye of the law constitute a commencement of arbitral proceedings, Reliant states that the Arbitration Tribunal(s) has yet to be constituted. That notwith..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....y of inheritance. The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the pre-emptee‑petitioners Nos.1 and 2, who were strangers, by registered kabala dated 29‑4‑80 without giving any notice of the sale. The pre-emptee‑petitioners contested the said preemption case by filing wr......e statutory period of 4 months such application is not liable to fail for non‑impleading of necessary parties within the period of said 4 months provided such necessary parties are impleaded at any stage of the proceedings. The head‑note in 1 BCR (AD) 59 is wrongly written indicating t......neous Case No.97/80 on 9‑7‑80. Pre-emptee petitioners in paragraph‑4 of their written objection filed on 6‑11‑80 raised objection for non‑impleading necessary parties in the pre‑emption proceeding by the pre‑emptor-opposite parties stating that the pre‑emptor opposite parties did..Category: Property Law | Date: | Hits: 155
....er and, as such, the same is sustainable in law.
Order 14 rule 2 CPC reads as follows:
"Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and ...... limitation or whether the Court has jurisdiction to entertain the suit has been adjudged as preliminary issues and it requires determination under this rule, if pressed by a party at the appropriate stage of the suit. The statutory mandate as contained in the rule clearly directs that if the Court ......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
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