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....d by such court…………………………….(17)
Where it has been found that the ultimate result of the suit is as clear as day light, such a suit should be properly buried at its inception, so that no further time is lost in a fruitless litigation. The plaintiff cannot be allowed to reopen...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......ction 115
Except on the gross non-consideration of material evidence, the High Court Division under section 115 of the Code of Civil Procedure can not interfere with the concurrent findings of the trial court and the appellate court. The High Court Division cannot super impose itself as a third c......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
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Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and others……………………Plaintiff-appellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made absolute. Cases Referred to- Nurul Islam (Babul) and others Vs. Santi Rani Dhupi and others, 12 ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......bsequently transferred and renumbered as Title Suit No.53 of 1998 and lastly it was transferred to the Court of Assistant Judge, Kashba, Brahmanbaria and re-numbered as Title Suit No.28 of 2004 for trial. 3. That the case of the plaintiffs-opposite parties, in brief, are that Pandit Chandra Rud......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....orted in: 7 LG (HCD) (2010) 118. ......event hazardous materials being imported and to prevent the environment and the people of this country from being exposed to such hazardous materials. We may point out that a number of experts were called by us during the course of hearing of this matter, including the Chief Chemist. They told us ......ed 18.09.2008 also requested respondent No.8 not to allow scrapping of the vessel MT Enterprise. It is pointed out that this respondent has responsibility to deal with hazardous substances and industrial waste, but was not included in the team who inspected the vessel and cannot confirm the findin......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....sing out of GR No.43 of 2001 corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the appellants under section 394 of the Penal Code and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous impriso...... and they have been falsely implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so-called uncorroborated extra judicial oral confession of the convict-appellants. The learned Advoca......r rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment for 6 months more. 2. Prosecution case in brief, as unfolded during the trial, is set out below: On 18-4-2001, at about 3-00 PM, P.W.4 Informant Nurjahan left Dhaka by b......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dismissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....Hossain J Dolon (Md.)………………………….Appellant Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their eviden...... following day. 19. P.W.5 Ashim Saha, a seizure list witness, deposed that on 5-10-2004 at about 12-00/12-15 at noon when he was going to Bangla Bazar to purchase medicine then the RAB personnel called and informed him that a pistol was recovered from accused Dolon. A pistol was shown to him bu......l Tribunal Case No.352 of 2004 convicting the appellant under Section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years. 2. The convict-appellant was put on trial before the Special Tribunal No.7, Narayangonj in Special Tribunal Case No.352 of 2004 to answe...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S..Category: Criminal Law | Date: | Hits: 99
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....itioner seeks to impeach the impugned judgment and decree of the Court of appeal below on the two-fold arguments. Firstly, the plaintiff could not prove by evidence that the marriage was consummated, so she is not entitled to get a decree for the entire amount of the dower and maintenance. Secondly,...... 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......….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; 19 BLD (AD)..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
.... their tenor and meaning for that reflects the intent and purpose of a legislation. It is only where the meaning is incomplete or ambiguous, it is possible to construe it in a way to remove absurdity so as to give effect to the purpose of a legislation. Where literal meaning of the words used in a s...... arbitration can be enforced………………………………..(35) Interpretation of Statute Modern method adopted by the Courts is literal construction of statutes conditioned by what is called the golden rule of construction. Generally all statutes are to be construed according to the ......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......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....strands: firstly, it precludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where Directors are in breach of their duties, the majority shareholder in general ...... aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the r...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur……………………………Petitioner Vs. Registrar of Joint Stock Companies and Firms and others………………………..Respondents Judgment July 31, 2012. Result..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....te Party Judgment November 3, 1997. Result: The Rule is discharged. Words 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 Dictiona......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......d. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....1987 defendant prayed for 45 days time to release the garlic and in the meantime he deposited Tk.20,000 to the plaintiff Bank but the plaintiff without giving any time published Tender Notice and sold 2296 bags of garlic. At that time the value of Garlic per KG was Tk. 56 in the market and acc......ted that the plaintiff Bank informed the defendant to take delivery of the entire goods by making payment within three days but the defendant did not receive the goods and thereafter plaintiff Bank called for tender by publishing tender notice in the Daily Observer on 9-9-1987 and in the Daily Itt......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......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....and others……………………….Petitioners Vs. Shahadat Hossain & others…………………………Opposite 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 ...... Khatun, Advocate - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Judgment earlier pronounced in this case on 22-2-2011 has been recalled by order dated 6-3-2011 and a fresh Judgment is delivered as follows: 2. This revisional a......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......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
.... J Md. Shahidul Islam………………………Petitioner Vs. Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signa......no marriage ever took place between the plaintiff and the defendant as alleged and there is no iota of evidence to that effect. Mr. Amin has further submitted that the plaintiff, in support of her so-called marriage, could not adduce any iota of evidence and also could neither produce the original K......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...... Most. Anwara Begum………………………Opposite party Judgment September 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 mar..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....alukder J Foyez Ahmed……………………………Petitioner Vs. State……………………………….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a spec...... done in the instant case by the Executive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the pl......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......……….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overriding law. From a combined reading of the provisions of section 4 and section 6(1), it..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....s land with defendant Nos. 2-11 and delivered the possession, that on 14.09.1964 a deed of exchange was executed and registered by defendant Nos.2-11; that, subsequently the father of the plaintiff also executed and registered a deed of exchange on 06.10.1964; that the father of the plaintiff got ......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 ......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-respondent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....ropolitan 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...... 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......eported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....ision (Criminal) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004 is......He further submits that FIR was lodged by a person who is not eyewitness and also that the maker of the FIR was not at all present at the place of occurrence when the occurrence took place and he was called by P.W.3 Md. Motaleb over mobile phone and thereafter, he came to the place of occurrence at ......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...... (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
....ion in law to prefer any appeal against an interlocutory order passed by the Election Tribunal.
3. The respondent No.4 contested the Rule by filing an affidavit-in-opposition stating that he was also a candidate for the post of Chairman in the election of Kawkhali Upazilla Parishad, but defeated.......dent No.1 did not commit any illegality in passing the impugned order dated 08.2.2010 (Annexure-E to the writ petition) in Election Appeal No.02 of 2009. It may be mentioned that the documents/papers called for have already been sent to the Election Tribunal as apparent from the Order No.11 dated 30......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......riginal Jurisdiction)
Present:
AHM Shamsuddin Chowdhury J
Md. Delwar Hossain J
S.M. Ahsan Kabir……………Petitioner
Vs.
Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents
Judgment
June 10, 2010.
Result:
The Rule is disch..
Category: Election Law | Date: | Hits: 600
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... Azam Ali and another………………………Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce docume......and those of passed by the trial Court is hereby restored and the suit is decreed. 19. The order of stay passed and the order 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 ......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...... Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ahaque Ali and others……………………………..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burden of proof is that in a case involving severe...... the modesty of his wife, Monowara Begum. It is further stated that accused Enamul Came there and tried his level best to santch away the accused Aza from his hand but failed; that the accused Enamul called others to make accused Aza free; that the witnesses gathered there hearing hue and cry and ......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......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....03 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 of manufacture of soaps and chemicals. The plaintiff imported 1929.211 metric tons of Tallow from Australia under Bill......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......also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
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