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Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... any manner" and entrusted "with any domain over property" being the conduct of the accuseds within the mischief of section 406 the Penal Code. He accordingly submits that, the learned Magistrate has rightly framed the charge against the accuseds under section 406/420 of the Penal Code, hence the ru......ful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expre...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......n that this petitioner had no manner of involvement with the aforesaid deal and that he did not receive the goods etc. are all questions of fact which the parties are entitled to prove at the time of trial and these facts cannot be decided while exercising jurisdiction under section 561A of the Code..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V o......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......f 1898); section 561A A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction ..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refu......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......23-1-2000 and No. 8/Shrimp-2000 issued under No. 35 dated 23-1-2000 in favour of the petitioner. 2. The facts leading to the issuance of the Rule, in brief, are: MHK Enterprise Ltd of 14 BFDC Industrial Estate, Fish Harbour, Chittagong was the owner of two fishing vessels, namely, 'FVT Salsabil' ..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....ner. The question of fraud is being raised in the suit and the same question was neither raised by the petitioner in Appeal or in Title Suit No.309 of 2004. In such circumstances it cannot be said outright that the present suit is hit by doctrine of res judicata. Obviously the trial Court by frami......Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties.&nb...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......itle Suit No.68 of 2003 now pending before the Joint District Judge, Dhaka wherein the predecessor in interest of the petitioners are different. The defendants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, ev..Category: Procedural Law | Date: | Hits: 94
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....pellant. 11. Mr. Md. Ibrahim Khalil, the learned Assistant Attorney General appearing on behalf of the State submits that the learned Judge of the Tribunal after considering the evidence on record rightly found that the alleged arms and ammunition were recovered from the exclusive control and pos......dent Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubt......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......rous imprisonment for 3 (three) months more with a direction to run the sentence of imprisonment concurrently. 2. The prosecution case, as projected in First Information Report and unfurled during trial is that P.W.1 Police Inspector Faruque Ahmed on 10.5.1996 received a secret information to the..Category: Criminal Law | Date: | Hits: 79
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. appeal ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......and filed written objection and contested the same. Then on 8.7.1990 the Artha Rin Adalat found that the misc. case is beyond his jurisdiction. So he sent the Misc. Case to the learned District Judge trial. The learned District Judge on receipt of the Misc. Case fixed 15.9.1999 for trial. On that da..Category: Civil Law | Date: | Hits: 127
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
.... The learned Additional Metropolitan Session Judge, duly complying the provision of law and applying his judicial mind and considering the, facts and circumstances of the case and material on record, rightly framed charge against the accused petitioner which does not suffers from any illegality and ......R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......the proceeding of the case and the accused petitioner filed another application under section 265C of the Code of Criminal Procedure has been filed for discharging the charge of the case. The learned trial court after hearing both sides was pleased to reject the application under section 344 of the ..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction 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: 30 BLD (HCD) (2010) 486. ......ioner, as plaintiff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully desc......ntained. The order of injunction 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: 30 BLD (HCD) (2010) 486. ......e was transferred to and heard by the Subordinate Judge, Second Court, Faridpur who set aside the aforesaid judgment and decree and sent back the case on remand to the concerned lower court for fresh trial (trial afresh) with the observation, “বিজ্ঞ নিম্ন আদালতক..Category: Civil Law | Date: | Hits: 114
....e opposite parties, on the other hand, submitted that the learned appellate Court having found that the depositions of the P.Ws. 1,2 and 3 being contradictory, the plaintiff failed to prove his case, rightly allowed the appeal setting aside the judgment and decree passed by the learned trial Court. ...... proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title Suit No.424/79 in the Court of Munsif Shingair against opposite parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petit......ined.
The order of stay 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: 30 BLD (HCD) (2010) 444.
......suit was not maintainable in its present form, that there was defect of parties, and that the Title Suit was liable to be dismissed.
6. Both sides examined witnesses and exhibited documents at the trial and that the trial Court decreed the suit and on appeal the title Suit was remanded to the tri..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....ut the trial Court without considering those documentary evidence, decreed the suit for perpetual injunction in favour of the plaintiffs and thereby committed gross illegality and the appellate Court rightly passed the judgment. 11. On a query by the Court as to whether the present suit could be ......004 passed by the Senior Assistant Judge, Kathalia, Jhalakathi in Title Suit No.134 of 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaini......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......as filed. In that proceeding the possession of suit land was determined in favour of the defendants. In fact the plaintiffs filed the present suit for grabbing the land. 5. On the above pleadings, trial Court framed the issues, namely, whether the suit was maintainable in its present form, whethe..Category: Civil Law | Date: | Hits: 73
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......py of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......e present petitioner being the opposite party No.1 of the election petition has been contesting the election petition by filing a written objection contending that the election took place peacefully, fairly and there was no rigging or casting of false votes in the names of dead persons. 3. The pe......etitioner has established a proper foundation for recounting of ballot papers. The opposite party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Ju..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....arked portion of suit property to anybody else. Plaintiff's claim with respect to "A" and "B" marked portion of Suit property in Pleader Commissioner's Map stood dismissed. g. Decree declaring right, title and interest in the Suit tank in Title Suit No.136 of 1959 was confirmed in Title appea......same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......the same parties. The Doctrine, thus, is to achieve finality of dispute between parties being a principle of prudence so as to give efficacy to a finding of Court rather than permit the parties go to trial more or less on the same issues over again. Judicial verdict has its special sanctity and cann..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......tioner Vs. Mst. Zahura Khatun…………………………………Opposite Party Judgment November 1, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - T......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......r and the application under Order IX rule 13 of the Code (annex-A to the revisional application). It appears that the defendant-opposite party could show sufficient cause for not appearing before the trial Court when the suit was called on for hearing. She was fighting for dower and maintenance by i..Category: Procedural Law | Date: | Hits: 105
....d of directors. If anyone is left out, if any resolution is taken in that meeting, it will become invalid. A civil Court may not interfere when there is a valid meeting, otherwise the civil Court can rightly interfere…………………..(16 & 18)
Cases Referred to-
Parmeshwari Prasad Gu......ment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.29 of 1997. The learned Subordinate Judge by the said order rejected the appellants' prayer for injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure.
2. The short fact lea......print for smooth publication of daily Ittefaq, their case is that as plaintiff No.2 who is Executive Director I of the company was found regularly absenting from the board meeting and attending the affairs of the company and was trying to create problems for the company in its publication the Board ......No.1 is bound to follow this. It has been contended that the problem is in the family of the directors wherein the Bank has nothing to do. The parties in litigation produced certain papers before the trial Court at the time of hearing of the partition filed under Order 39, rules 1 and 2 of the Code ..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsha was th...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......mately he backed out. The complainant then submitted a written complaint to the Sub-Divisional Magistrate, Kishoreganj which was drafted by an Advocate’s Clerk. The accused was summoned and later trial was held by the Assistant Sessions Judge, Kishoreganj upon a charge under section 493 of the P..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....n salary, allowances, rank and status. 43. The Petitioner No.1 achieved highest gradation numberand stood 1st among 190 cadets showing the best rate of achievement and as such he would have had a bright andrewarding career in Bangladesh Army for at least another twodecades with due financial and ......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ......sed below;The Petitioner No. 1 is the President of Jatio Shamajtantrik Dal (Jashad), a Member of Parliament and the Chairman of the Standing Committee on the Ministry of Postand Tele-Communications Affairs. He was a leader of erstwhile East Pakistan Students’ League and Shadhin Bangla Chatra Sangr...... 5. The FIR led to the purported commencement of a case that was recorded as Special Martial Law Tribunal Case no. 1 of 1976. Both the Petitioners were purportedly found guilty following a so-called trial and the spouse of the Petitioner No.2, a Valiant Freedom Fighter, named Lt. Colonel (Rtd), M.A..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....as one filed by a private individual Shri Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it by a deed of endowment which is a temple and it has the right to......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary......ted from time to time. 4. In the application it is clearly stated that after the death of Shri Piyush Kanti Ghose, the committee appointed a new secretary for the management of the plaintiff’s affairs. The learned Joint District Judge rejected the application on the reasoning that after the dea......ituted in place of the deceased. The learned Joint District Judge rejected the application and maintained the order of abatement of the suit. 3. It is contended on behalf of the appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami ..Category: Civil Law | Date: | Hits: 104
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
.... 6 of Explosive Substances Act. II. Circumstantial evidence is so insurmountable that no other inference other than the guilt of the convict-appellants can be drawn and convict-appellants had been rightly convicted and sentenced by Druta Bichar Tribunal. III. Charges had been composed in accor......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it...... absence of a settled opinion or conviction, the attitude towards acceptance of a belief in proposition, theory or statement. It is not mere possible doubt, because everything relating, to human affairs and depending upon moral evidence is open to some possible or imaginary doubt. It is that stat......k Abu Lyes Choudhury, Biplob Bhuiyan, Belal Ahmed, Zakaria Chowdhury and Gopal Chandra Das under section 3/4/6 of Explosive Substances Act. 6. The above six (6) accused persons had been booked for trial before Druta Bichar Tribunal, Sylhet in Druta Bichar (Explosive Substance) Case No.4 of 2003 u..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... share of the brothers in their name and in the year 1976, the defendant-respondent-petitioner mutated their name in the ROR and accordingly paying the rent tax to the authority. The recent record of right is also prepared accordingly at the attesting stage and therefore the instant suit is liable t......an No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik for which the plaintiffs being entitled to 0.41 acres of land prayed for separate Sahara as the Defe......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......fs claim that the said S.A. record contains the name of the two brothers Mokdom Ali Sheik and Jomu Sheik in equal share and therefore the finding of the learned Appellate Court to the extent that the trial Court ignored the S.A. record and decreed the suit in part has no basis to be considered as la..Category: Property Law | Date: | Hits: 83
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....not affected by any dispute between the buyer and the seller. With the establishment of a letter of credit a contract is created between the issuing bank and the negotiating bank without creating any right to a stranger. The Court will not allow interference by outsiders with the letter of credit as...... in the country of export. It may be noted here that where an irrevocable credit is confirmed by an intermediary bank, the later assumes a direct liability to the seller and looks to the issuing bank for indemnity. Therefore, in a typical commercial credit and transaction, there are several types of......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ned order dated 27-11-2004 passed in Title Suit No.399 of 2004 is hereby set aside and the application for temporary injunction is rejected. 25. In view of the fact this is an old suit of 2004 the trial Court is directed to dispose of the suit as early as possible, preferably within six months fr..Category: Business or Commercial Law | Date: | Hits: 365
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