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Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......t and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......nstitute an offence of cheating punishable under section 420 of the Penal Code as well. Question of initial deception may be a subject matter to ascertain at the time of holding trial on the basis of evidence on record and a criminal proceeding on account of cheating may well be maintainable even if..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......he accused, who used to send money to her from Saudi Arabia, and with the help of hired people she had the victim killed with an ulterior motive to grab the money. 7. After close of recording of evidence, the accused was examined under section 342 of the Code of Criminal Procedure. He repeated ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......dant No.8) will pay Taka 1, 00,000 (one lac) as costs within 6(six) weeks from date;
(b) The depositions of PW1, 2 and 3 shall remain intact;
(c) The defendants will be at liberty to adduce evidence on their behalf;
(d) The plaintiffs can also adduce further evidence other than the P...
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......tion of the Magistrate, who recorded the statement of co-accused under section 164 of the Code of Criminal Procedure is necessary but the learned Judge himself by its order dated 24-1-2010 closed the evidence of prosecution witness and fixed date for argument. The order sheet clearly shows that with..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......ition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......¦â€¦â€¦......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records of rights and will remain ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......ls are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......ny rowdy activities on the 12th to the 14th days of August, 1997, the Director Administration appointed an inquiry committee with his loyal supporters. The inquiry committee, on the basis of the oral evidence of the sole witness, Jane Alam (driver), submitted a report on 30-10-1997 finding the ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......d. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... relinquishing the claim of the complainant over their property" is not at all correct or true. The respondent No.1 also challenged the jurisdiction of the Tribunal and prayed for adducing fresh evidence after restoration of the original complaint case. 11. The complainant-appellant filed ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... the judicial enquiry and the report of the judicial enquiry were annexed to the applicaÂtion filed before the High Court Division. From a perusal of those, it appears that the witnesses in their evidence implicated the accused petitioner with the killing of the deceased, Mosammat Shamima Akhte..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: ......es were tendered. The condemned petitioner was examined under section 342 of the Code of Criminal Procedure when again he pleaded not guilty and repeated his claim of innocence and declined to adduce evidence. 5. The defence case as it transpires from the trend of cross-examination of the pros..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......n that the issues involved in the writ petition were disputed questions of fact which could not be adjudicated upon in writ jurisdiction, which is decided in a summary manner relying on the affidavit-evidence only. He elaborated his point contending further that the "question papers" could..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ...... (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Birendra Nath Roy.......................Defendant-Petitioner Vs. Rupali Bank Ltd...........................Plaintiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged......nfirmity in the impugned judgment or findings of the Court of appeal below are either arbitrary or fanciful or findings of the Court of appeal below, are product of misreading and non-considering the evidence on record. The findings of the Court of appeal below are, in fact, based on proper apprecia..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......udgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......ion of mandatory provision, not curable Before recording confession, it must be explained to the accused that he is not bound to make a confession and if he makes a confession, it may be used as evidence against him. It is a mandatory provision of law. No Magistrate should record any confession..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......others......Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal befor......ication contending, inter-alia, that they acquired the case land by way of a registered exchange deed and, as such, the pre-emption case is not maintainable. 4. At the trial both the parties led evidence to prove their respective cases and the learned Assistant Judge by his judgment and order d..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... before an authority legally competent to investigate the fact, it would be exposing the maker to the conÂsequences of perjury and if the statement was not made before such authority, it would be inadmissible unless it was made so shortly after the fact took place that the court considers it no......or our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usuall..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....ade before an authority legally competent to investigate the fact, it would be exposing the maker to the consequences of perjury and if the statement was not made before such authority, it would be inadmissible, unless it was made so shortly after the fact took place that the court considers it ......ich calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an accused voluntarily is evidence against him of the facts stated. The ground of reception of voluntary confession is usuall..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ccordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......udge of the Division Bench proceeded to dispose of the appeals with the adverse view as to documents produced by the respective petitioner before considering the respective case with reference to the evidence on record as is apparent from the observation made by him at the beginning of the judgment ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......(Civil)
Present:
Soumendra Sarker J
Md. Mosharraf Ali Khan and others………………….....Petitioners
Vs.
Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others&helli......nd that they have different forum for adjudication of their matter which lies in the respective jurisdiction of the Labour Court. The learned trial Court after framing six different issues and taking evidence of one witness from the side of the plaintiffs and one witness from the side of the defenda..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ed to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of materials collected by the prosecution are also matters for evidence and trial………….(33) Allegations of Abetment in Manipulating..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......ge sheeted witnesses and the defence examined none. 8. After closure of the prosecution case the accused was examined under Section 342 of the Code and again he repeated his innocence and led no evidence in defence. 9. The defence case as it appears from the trend of cross-examination of t..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ct Judge, Bagerhat which was ultimately heard and disposed of by the Subordinate Judge, 2nd court, Bagerhat. The appellate court, on the prayer of the plaintiff-appellants, accepted some additional evidence to prove the genuineness of the power of attorney-the exhibit-3 and on consideration of t..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
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