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Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....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 purpose determining the real question of ...... case No.19 of 1993 within two 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: 18 BLT (HCD) (2010) 413. ......e is pending for argument. 3. In Misc. case, the pre-emptor by the application dated 10-02-2005 sought to reÂcall P.W. 1 for proving legal notice and other documents etc. which was allowed by the trial Court and affirmed in revision by the impugned order. Hence the petition. 4. The learned Ad......ah……………………Petitioner Vs. Sree Shuvendu Sekhor……………………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 pr..Category: Procedural Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....¦â€¦â€¦â€¦â€¦(11) The banks have the defence of estoppel, adoption and ratification in respect to cheques having no signature of the customer………………(21) The bank's obligation is an absolute one…………………….(25) A cheque from, which, when drawn, is a bill of exchange, ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......Instruments Act, 1881 when it paid the money, contending that the bank incurs no liability for any loss sustained by any customer if the provisions of the said Act are complied with. 5. During the trial of the case, the plaintiff in his capacity as the P.W. 1 reproduced the story as was contained......s also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....rt examined the complainant and recorded his statement under section 200 of the Code of Criminal Procedure and took cognizance of the offence under section 138 of the Negotiable Instruments Act and also issued summons against the petitioner on 4-2-2008. 5. The case record was transferred to the S...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......e Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising jurisdiction in one of the six local areas can become the place of trial for the offence under section 138 of the Act and the complainant can choose any one of the Cou......t any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C. provides that every offence shall ordinarily be enquired into and tried by a Court within the local limits of whose jurisdiction it was committed……………â€..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....man J Moktar Ahmed…………………………………Petitioner Vs. Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at t......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......tioner. 4. As the petitioner did not appear before the learned Magistrate he believed that the petitioner has 3 absconded or has concealed himself so that he could not be arrested and produced for trial and as there was no immediate prospect of arresting him the learned Magistrate only by Gazette....... Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the exist..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
.......................Respondent Judgment March 13, 2006. 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 explosio......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. ......ssession of dagger separate case was instituted against the accused appellant. 3. Police after investigation submitted charge sheet against the appellant. Eventually the appellant was placed on trial in the Court of Metropolitan Special Tribunal No.11, Dhaka to answer the charge under sections......f 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 person or property, the conviction and sentence under section 3 of the Explosive Substance Act cannot be sustained. ………….(20) ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 ......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... Bench of the Appellate Division held as follows: "6. After dismissal of the suit on default an application under section 151 of the Code was filed for restoration of the suit on the same day. The trial Judge kept the matter for hearing and on 9.3.96 restored the suit to its file and number. The ......ation on the same date before rising of the Court, the learned judge instead of fixing the matter for hearing on a subsequent date could have avoid trouble by simply re-callÂing the order of default and fix the date for disposal of the appeal. In the failure to do so, the order passed by the learne..Category: Procedural Law | Date: | Hits: 154
....d J
Reliant Commodities & Technologies Pte. Ltd. 11 Collyer Quay, 14-01, the Arcades, Singapore 049317, Republic of Singapore, repreÂsented by its duly constituted Attorney, Mr. Anwar Parvez, son of Late Sokil Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Pet......pment validity date upon acceptance of the notices of Force Majeures dated 14-01-2007 (Annexures-E) BCIC categorically states in the Affidavits-in-Opposition that it never accepted the plea of the so called Force Majeure condition. It is under these conditions that BCIC is stated to have been compel......as incorpoÂrated under the laws of the Republic of Singapore, having, in the course of being engaged in the business of trading of balk commodities, participated through its local agent, Summit Industrial & Mercantile Corporation (Pvt.) Ltd. ('the Local Agent') in various tenders floated by BCI...... Uddin Ahmed, 520 West Sheorapara, Mirpur, Dhaka…………………………..Petitioner
Vs.
Bangladesh Chemical Industries Corporation, BCIC Bhaban, 30-31 Dilkusha C/A, P.S. Motijheel, Dhaka and another…………………………………Respondents
Judgment
October 19, 20, 2007.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....heirs: Sayera Khatun and others………………Petitioners Vs. Abdun Noor and others……………………….Opposite Parties Judgment June 8, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali & others, 33 DLR (A...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......y, Khatian No.339. 3. Preemptor‑opposite parties examined only preemptor petitioner No.3 as P.W.1 and the pre-emptee petitioners examined 10 P.W. in support of their respective case. The learned trial Court after due consideration of the evidence on record allowed the miscellaneous case by gran......eported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
....ukder…………………………Petitioner
Vs.
Md. Hazrat Ali Talukder and others…………………………Opposite Parties
Judgment
July 29, 1997.
Result:
The Rule is made absolute in part.
Case referred to-
Khaleda Razia Khanam and others Vs. Mahtabuddin Chowdhury an......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.
......e entire suit may be disposed of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a full‑dressed protracted trial involving wastage of Court's time and unnecessary expenditure for the litigants.
7. Since l......so Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....s. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Tariqul Hakim with K M Jabir and AKM Enayet Hossain, Advocates ‑ F......l these facts before the learned Sessions Judge but he refused to entertain any application as the records had already been sent to his Court in connection with the aforesaid Criminal appeal. We have called for the records of Criminal Appeal No.56 of 1989, District‑Laxmipur, re‑numbered as Crimi...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......ion) Present: Mahfuzur Rahman J M M Ruhul Amin J Shahanewas……………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1997. Result: The Rul..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
.... Md. Hassan Ameen J Abul Kashem Bhuiyan………………………Petitioner Vs. State………………………Opposite Party Judgment May 13, 1998. Result: The Rule is made absolute. Lawyers Involved: S N Goswami, Advocate ‑ For the Petitioner. Not Represented ‑......to cause damage or injury to the public or to any person. Unless there is an element of fraud or intention to cause damage or injury to the public or any person the document or part thereof cannot be called as forged document. To constitute forgery intent to defraud is essential. Where there is inte......chairman and how he misappropriated same, this story has been given in the petition. By signing the other names in the petition who did not sign it, in fact, charge under section 464 is framed by the trial Court. Mere signing of the petition in another's name who did not give authority to sign witho......nal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in shor..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
.... Case and, as such, the trial of the instant case by the Metropolitan Joint Sessions Judge 5th Court, Dhaka is nothing but an abuse of the process of the Court which is liable to be quashed. It was also the subÂmission of the learned Advocate that if the instant Case is tried by Metropolitan Joint ...... Court of Sessions.— (1) The Government shall establish a Court of Sessions for every sessions division and appoint a Judge of such Court; and the Court of Sessions for a Metropolitan Area shall be called the Metropolitan Court of Session. (2) The Government may, by general or special Order in ...... 11. The learned Advocate for the petitioner tried to impress us agitating the ground that in view of the provision of section 141(c) of the Negotiable Instruments Act, 1881 it is mandatory that the trial of the case, must be tried by the Court of Sessions not inferior to that of a Sessions Court a...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Mahmudur Rahman Nazlu……………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result: ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....strate, Dhaka. 2. It appears that Md. Taufiqul Islam, an Assistant Director of Anti-Corruption Commission, Head Office, Dhaka as informant, lodged a first information report against the accused persons under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009 alleging that t......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......ecution case as stated in the first information report has got prima facie ingredients of the offences alleged. The exact nature of the offence against the petitioners can only be thrashed out upon a trial. The prosecution should not be stifled when there is prima facie case. The definition of Money...... (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Habibul Gani J Md. Muntasir Hossain MD., Unipay 2U (BD)Ltd..........................Petitioners Vs. State and another……………………………..Opposite Parties Judgment August 25, 2011. Re..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... Sheikh with Md. Osman Gani Khan, Assistant Attorney-Generals - For the State-Respondent. Md. Khurshid Alam Khan with Md. Nazrul Islam Molla with Md. Abdus Salam, Advocates -For the conÂdemned prisoner-appellant. Hasna Begum, Advocate - For the Jail Appellant. Death Reference No.13 of 2007......ing in the north bhiti house, her father-in-law and husband's brother were sleepÂing in the western bhiti house. She further stated that at 2-00/2-30 'O clock of the night Zakaria awaking from sleep called her father-in-law, Zakaria told her father-in-law that he had found 3-4 persons to move from ......d jail appeal have been heard together and are being disposed of by this common Judgment. 2. The prosecution case, as projected in first information report (in short, the FIR) and also unfurled at trial, in short, is that on the morning of 15-8-2004 the dead body of an unknown man was found in th......¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
.... 7 witnesses including the present appellants. Appellant No.1 Abdur Rahim deposed as P.W.1 and appellant No.2 Md. ldrish Miah deposed as P.W.2. It further appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43/91 directing P.W.2 of the case to pay compensation of Tk. 20,000.00 to the accused of the case and directing the Magistrate concerned to proceed against informant (P.W.1) and P.W.2 a seizure list..Category: Criminal Law | Date: | Hits: 72
....gh Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit property within 60 (Sixty) days from the date of judgm......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......t Mohammadpur, Dhaka, wherefrom the petitioner was threatened to be evicted by police force on the allegation that it was an abandoned property and hence the suit was filed which was dismissed by the trial Court on 29‑1‑92. Trial Court's decree was plaintiffs appeal was dismissed. The High C......ammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents
Judgment..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and circumstances may conveniently be taken into account. Legal aspect touching the controversy is, also, required to be ruminated. 3. A detailed recounting of factual scenario is not essential and o......e decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, Court shall make an order setting aside the decree as against him upon such t......ce of transfer was required to be served upon Defendants-Petitioners and Court of its own motion, without serving any notice, can transfer any suit or appeal or other proceeding pending before it for trial or disposal. High Court Division or District Court may at any stage of Proceeding transfer any......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment February 18, 2008. Result: The Rule is made absolute. Cases Referred to- Dr. Shadin Malik Vs. Government of Bangladesh, Writ petition No.117...... us the relevant file maintained by of the Respondent No.3, the Ministry of Establishment, connected with the appointment of the Respondent No.5 as Secretary-in-Charge in the Ministry, which has been called for earlier, in connection with Writ Petition No.7118 of 2007. The relevant file is numbered ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment Febr..Category: Constitutional Law | Date: | Hits: 361
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
.... section 5(2) of Act 11 of 1947 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II/1947 and sentencing the accused appellant to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Taka 10,000.00 in default to suffer rigorous impr......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......rishad lodged the complaint with the Anti Corruption Officer, Tangail against the accused appellant. 3. After investigation charge sheet was submitted against the accused appellant. At the time of trial charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was framed......low at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
....ul Haque J Anwarul Haque J Mostafa………………………Petitioner Vs. State……………………..Opposite-Party Judgment March 18, 2012. Result: The Rule is made absolute. Lawyers Involved: Md. Habibur Rahman Advocate - For the Petitioner Md. Abdul Khale...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. After considering ......0. Judgment Md. Rezaul Haque J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the Judgment and order of conviction and sentence dated 24-11-2010 passed in Special Tribunal Case No.18 of 2005,..Category: Criminal Law | Date: | Hits: 59
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