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Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... and defendant led conjugal life, so the legal presumption would be that the marriage was consummated. He adds that after considering evidence on record the learned Judge of the Court of appeal below rightly decreed the suit as a whole, which calls for no interference by this Court. 12. In order ...... 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family Suit No.19 of 2002 in the Family Court of Basail, impleading the petitioner as defendant for dower and maintenance total for Tk. 2,70,000/-. 3. The plaintiff's case, put in a nutshell ar...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......us the suit is liable to be dismissed. 5. On the pleadings different issues were settled including, whether the plaintiff is entitled to get dower and maintenance as prayed for. 6. In course of trial plaintiff examined two witnesses including herself and her uncle P.W.2 Rahmatullah. On the con..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ion against the respondents No.3 and 4. f) In the above circumstances, it is submitted that the instant application is liable to be summarily rejected with exemplary cost, without prejudice to the rights of the respondents to institute proceeding against the petitioner for realization of dama......on 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......y, there is no scope to consider or adopt such decision of different country bypassing the decision passed by our Apex Court…………………………..(37) Cases Referred to- Bahia Industrial SA Vs. Eintacar—Eimar SA, XVIII YBCA 616 (1993); Trade Fortune Inc. Vs. Amalgamated Mills Su..Category: Alternative Dispute Resolution | Date: | Hits: 506
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......s and Phrases Abscond and absconder The primary meaning of the word ‘abscond’ is to hide and when a person is hiding from the place of residence he is said to be absconder. In the Concise Oxford Dictionary the word "abscond" is defined as "depart secretly; flee from the law".....................e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......ously accepted the statement in the charge sheet that the accused persons including the petitioners were absconding since the date of occurrence and they could not be arrested and produced before the trial Court by the police. One consequence of the rule of literal construction is that wide word sho..Category: Criminal Law | Date: | Hits: 99
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458. 15. The learned Advocate for the appellant has put much emphasis on Section 176 of the Contract Act. Section 176 runs as follows:— "176. Pawnee's right where pawnor makes default.- If the pawnor makes default in payment of the debt, or performanc......dgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......the plaintiff Bank filed the instant appeal. 11. Mr. ASM Abdul Razzaque appearing on behalf of the appellant submits that the plaintiff has proved the case by oral and documentary evidence but the trial Court without considering the aforesaid fact dismissed the suit with wrong finding; that the t..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....evant portion of the second page: The features of the scanned images are clearly as follows:- (a) LTI on the first page occurs on the top right corner of the document just below the specified Government impression stating the value of the...... Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as in the case of a ......red in such cases. In the case of Satyendra Nath Rai Choudhury Vs. Fulsom Bibi, (CWN Vol. 36, page-486) the following observations were made by the Calcutta High Court (underline added) "It is now fairly established on the authorities that a Heba-bil-Ewaz, as distinguished from an Heba, a gift ......edthereon, the case should be sent back on remand for allowing the parties to adduce proper evidence on this respect. 17. On perusal of the impugned Judgment of the appellate Court and that of the trial Court, it appears that both the Courts below found that the disputed deed was duly executed as..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....idence on record decreed the suit against the defendant and that the Family Appellate Court below having found no reason to interfere with the judgment and decree passed by the Family Court below has rightly dismissed the appeal affirming the judgment and decree passed by the Family Court below and ...... 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parties in the 'Kabinnama' are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evi......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......d marriage and the defendant challenging the genuineness of that Kabinnama had prayed for getting the signatures of the Kabinama examined by the Hand Writing Expert but the same was rejected by the trial Court. Then again the defendant-appellant-petitioner filed a similar petition to the Appella..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....competent in view of the fact that the petitioner did not avail himself of the forum of Appeal as provided by section 13 of the Ain, we would like to observe that the entire proceedings of the case right from the beginning to the passing of the impugned order of conviction and sentence were an abu......scribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detaining an accused in poli...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......oever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding trial thereo..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....titioner. 10. Mr. Asaduzzaman, the learned Advocate appearing with Mr. Md. Raziuddin Sarwar, Advocate for the peititoner supports the rule and submits that the plaintiff successfully provide his right, title and possession in the suit property and the learned Judge of the tirial Court after con......g to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, collusive,......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... auction was collusive, fraud illegal and void? (e) Whether the plaintiff was entitled to get relief as prayed for? (f) To what relief, if any, the plaintiff was entitled to? 6. In course of trial the plaintiff examined three witnesses namely P.W.1 Mosarraf Hossain (Plaintiff), P.W.2 Kusai ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....proved the recovery thereof. He further submits that in the instant case the P.Ws. who are police personnel having deposed as to the recovery of arms from the possession of the appellant the Tribunal rightly found them guilty. In support of his contention he has referred the case of Moshfiqul Islam ......n Special Tribunal No.9, Dhaka in Metropolitan Special Tribunal Case No.650 of 2001 finding them guilty under section 19(f) of the Arms Act and sentencing each of them to suffer rigorous imprisonment for 10(ten) years under section 19A thereof. 2. Since both the appeals have arisen out of the sam...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......a he lodged the First Information Report. After investigation the police submitted charge sheet against the accused persons under section 19A of the Arms Act. 4. The accused-appellants were put on trial before the Metropolitan Special Tribunal No.9, Dhaka and were charged under section 19(f) of t..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....id here is Kashem and just after uttering that, opened fire. Amongst them he could recognize Baitta Moinuddin, Osman, Lokman, Kerati Jamal, Mobarak and some others. He received injury on the head and right ear and was senseless. Police interrogated him. He identified the accused Jamal and Mobarok on......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in......at the side of the rail line. His sons lived with him. He met his sons in the morning. He denied the suggestion that he stated to the I.O. that he went to the rail to talk with his sons over family affairs. He denied the suggestion that he did not stated to the investigating officer the names of the......quest report. The weapon must be specified and mere mention of blunt or sharp edge is not sufficient. The inquest report is to be proved by the investigating officer, who conducted the inquest during trial. It is only when there is doubt as to the cause of death or where it is otherwise expedient to..Category: Criminal Law | Date: | Hits: 89
....e impugned order dated 08.2.2010 dismissed the appeal holding that no appeal lies against any interlocutory order passed by the Election Tribunal. It is contended that the respondent No.1 legally and rightly dismissed the appeal.
4. Mr. Md. Fazlur Rahman Khan, the learned Advocate appearing for t...... of Kawkhali Upazilla Parishad under Pirojpur District in the Upazilla Parishad election held on 22.1.2009. The respondent No.4, a defeated candidate as petitioner filed Election Case No.01 of 2009 before the Election Tribunal, Pirojpur on the allegation that the petitioner made a false statement in......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......al?
An appeal may be preferred to the Election Appellate Tribunal against the “চূড়ান্ত আদেশ” which means the judgment passed by the Election Tribunal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory ord..
Category: Election Law | Date: | Hits: 600
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....he same. As the suit land was prepared in the name of the defendant No.1, Akram Ali wrongly, the plaintiffs instituted Title Suit No.278 of 2000 which was decreed on compromise. The defendants had no right, title and possession over the suit land yet they threatened to dispossess the plaintiffs from......uce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give him an indulgence to ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......tness or adduce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give him an in..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... formality, it is the mandatory provision from procedural law and a departure from fundamental principles of section 342 of the Code causes prejudice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the court to administer justice ...... that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not obligatory on the public Prosecutor to examine any number of wi......ity of prosecution witnesses……...........………(60) The fundamental principle underlying in section 342 of the Code of Criminal Procedure is that the accused should be afforded a full and fair opportunity for understanding the evidence and circumstances against him. The need of law for......rtance. It can be used to corroborate the statement under section 157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion when the story made at the trial differs in material particulars from the story given in the FIR and thus the prosecution cas..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......te Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......imitation and by the principles of estoppels, waiver and acquiescence, also stated that the plaintiff has no cause of action for the suit as against the defendant Nos.1 and 2.
4. Thereafter, the trial Court framed various issues including whether the plaintiff is entitled to get a decree as p..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......t: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sent......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......bout the order granting bail to the convicted Abdul Momin Sarder is not without any foundation. 6. When a person is convicted on the charge of murder under sections 302/34 of the Penal Code by the trial Court and sentenced to imprisonment for life normally he is not enlarged on bail. Sub-section ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......ence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the tribunal must frame charges under section 19A as well as 19(f) of the Arms Act .................(39) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 103 The object of the provisions of section 103, CrPC is to ensure conducting of search in an impartial way and fair manner and also ensure that there is no planting of incriminating articles by the police or by ......o constitute offence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the tribunal must frame charges under section 19A as well as 19(f) ..Category: Criminal Law | Date: | Hits: 92
.... and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is now regarded as......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n......arily or at its absolute discretion and it is also in the practice that in the event of allowing any such right, the normal procedure is to call for competitive bids to get a better price and to show fairness on the part of the availability of the parties interested in setting up of container termin......‑4‑1998 communicated the decision to the Ministry of Shipping, and the Ministry accordingly, on 28‑4-1998, issued the impugned letter of approval to the respondent No. 8; and that in the Industrial Policy of 1991, the Port sector has been kept open for private sector investment and that the ..
Category: Others | Date: | Hits: 113
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......ned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case No.201 of 1999 convicting the appellants under section 398 of the Penal Code and sentencing thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......f 1996 and the police, on completion of the investigation submitted charge sheet on 31.5.1996 against 5 persons including the appellants under section 398 of the Penal Code The accused were placed in trial being charged under section 398 of the Penal Code. The accused pleaded not guilty and claimed ..Category: Criminal Law | Date: | Hits: 86
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ground to......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......red by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government Autonomous Body and the post of the plaintiff is an irregular temporary post.
5. The trial Court decreed the suit.
6. Being aggrieved thereby, the defendants preferred appeal before ..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....luding one tin shade and since then plaintiff appellant petitioner has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time and after purchase of the suit......……………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......……….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding genuineness or otherwise of a registered transfer deed. This can only be done in ..Category: Civil Law | Date: | Hits: 94
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