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Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....m unable to accept the contention of Mr. Bivash on this point and the citation referred to by him being case reported in 33 DLR 168 and the case reported in 13 MLR (AD) 332 which in no way coining to any aid to the submission as has been advanced by Mr. Bivash as the referred two cases are materiall......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......vocate appearing on behalf of the opposite parties while opposing the rule has submitted that the provision of Order VII Rule 11(d) of the Code of Civil Procedure is not maintainable in a pre-emption proceeding. According to him the learned Assistant Judge committed error of law in allowing the ap..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....198 and 199 of the Code, both beginning with the words, "No Court shall take cognizance of an offence, "except upon a complaint, the ouster of the jurisdiction of the Magistrate to take cognizance of any offence mentioned in sections 495 or 198 or 199 of the Code "except upon a complaint" is clear......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... no complaint was filed required under section 198 of the Code so the Magistrate had no jurisdiction to take cognizance in respect of offences under sections 495/497/109 of the Penal Code. Hence, the proceedings pending before the learned Magistrate as well as the impugned order affirming the order ..Category: Criminal Law | Date: | Hits: 79
....tiff was compelled to file the present suit for specific performance of contract. The defendant appeared in the said suit by filing written statement wherein they, inter alia, denied to have executed any deed of agreement in favour of the plaintiff and stated that they were not liable for re‑trans......be insufficiently stamped, it was admitted in the evidence without any objection in the trial Court and that, therefore, the ground of insufficiency of stamp its admission cannot be questioned at any stage of the (including appeal and revision) subsequently in view of the provision of section 36 of ......e Stamp Act reads as follows:
"where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped."
16. While passing the ju..
Category: Property Law | Date: | Hits: 78
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....urance Corporation of India Vs. Dharam VIR Anand, 7 SCC 348; Olympus Super Stracture Pvt. Ltd. Vs. Meena Vijoy Khetan, 5 Supreme Court Case 651; Executive Engineer LGED, Rangpur Vs. A Latif & Company Ltd., DLR 656; Ananda Builders Ltd. Vs. Bangladesh Water Transport Authority, 57 DLR (AD) 31; Ba...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......he letter dated 25-7-05 sought for arbitration is not within the ambit of clause X of the contract agreement dated 18-10-2004, referring the above clause, he added. Therefore starting the arbitration proceeding is totally misconceived and award in question is beyond the agreement. He further submi..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....t: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such ......inal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just de......e, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....the opposite party No.1 has been previously published. The petitioner tried to place reliance on certain affidavits which cannot be considered as those affidavits are sworn by 3rd parties and without any documentary evidence it cannot be found that the design was in the market from long before. He s......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......ore the date of their application for registration. 9. The learned Advocate for the opposite party No.1 submits that as these affidavits were sworn by 3rd parties they cannot be considered in this proceeding without examination of the persons who swore the affidavits. But it is well settled that ..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
..... AS Md. Ramzan Khan the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge erred in law in returning the plaint to the plaintiff‑petitioners without recording any finding to the effect that the suit is not triable by him. Mr. Khan further submits that the lea......t to the filing Advocate with option to refile the same with the correct valuation of the suit. 8. Order VII rule 10 of the Code of Civil Procedure provides as follows: "The plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instit...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....ed committed suicide by hanging has been proved false. Under the settled principle of law he explanation of death of the deceased given by the accused being proved false and there is no evidence that anybody else besides the accused assaulted the deceased to death, inevitable inference would be that......, that on the night following 8-1-2004 she returned home at 10-00 PM and went to sleep without taking dinner, that at about 1-30 AM she woke up and began to talk with him in excited mode, that at one stage of altercation with him she raised voice, that she assaulted him and his son, at that he took ......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....and decree dated 29-10- 2000 (decree signed on 5-11-2000) passed by the learned Assistant Judge, Sadarpur, Faridpur in Title Suit No.32 of 1998 dismissing the suit shall not be set asides and or pass any other or further order or orders as to this Court may seem fit and proper. 2. The plaintiff ......e impugned Judgments, the materials on record, specially the Bainapatra and the evidence as adduced by the parties. I have also considered the arguments advanced at the Bar. 20. At this revisional stage the defendant respondent-petitioner has assailed the impugned Bainapatra and the impounding of......e of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped. (d) Nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Co..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
....eding. 3. It is a GR Case and police investigation has not yet been completed. The decision reported in 28 DLR (AD) 38 settled that proceeding can be quashed at early stage if it does not disclose any criminal offence. It is also settled by the Supreme Court in numerous decisions that no case can......urt for quashment of the proceeding. 3. It is a GR Case and police investigation has not yet been completed. The decision reported in 28 DLR (AD) 38 settled that proceeding can be quashed at early stage if it does not disclose any criminal offence. It is also settled by the Supreme Court in numer......ah, Deputy Attorney-General - For State/Opposite Parties. Criminal Miscellaneous Case No.11262 of 2002. Judgment Sharifuddin Chaklader J.- This Rule was issued on 23-11-2002 for quashing the proceeding of GR Case No.3735 of 2002 pending before the Chief Metropolitan Magistrate, Dhaka. 2...Category: Criminal Law | Date: | Hits: 87
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ent, have appeared and shown cause by filing affidavits-in-opposition while respondent No. 3 Mrs. Sheikh Hasina @ Sheikh Hasina Wazed, Member of the Parliament has although appeared but has not shown any cause by filing any affidavit-in-opposition. In the meantime the petitioner filed a supplementar...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... that amendment of the Constitution by 2/3 majority could not be achieved without support of the ruling party for establishing a caretaker Government. It is further stated that "the boycotting of the proceedings of Parliament was continued to pressure the Government with the expectation that it woul..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....said account, so there was no wrongful gain to the appellant. 8. It has been further submitted that admittedly the accused appellant was a public servant but the concerned authority did not accord any sanction to prosecute him as required under section 6(5) of the Criminal Law Amendment Act, 1958......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......used appellant was a public servant but the concerned authority did not accord any sanction to prosecute him as required under section 6(5) of the Criminal Law Amendment Act, 1958 and thus the entire proceeding has been vitiated against the appellant. 9. Mr. Karim, having pointed out that the off..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
.... 8. Mr. M Shamsul Alam, the learned Advocate appearing for the plaintiff‑petitioner, strenuously argues that since the Additional Deputy Commissioner, (Revenue), Barisal neither appeared through any lawyer by filing vokalatnama nor contested the suit by filing any written statement, he was not ......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......ect of the suit land mentioned in the 'Ka' schedule forfeiting the same for establishment of a Hat under the Hat and Bazar (Establishment and Acquisition) Ordinance (Ordinance No. XIX of 1959) and VP proceeding mentioned in ‘Ga’ schedule to the plaint treating the suit plot No.755 as a vested pr..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....fficer and Assistant Returning Officer as opposite parties which is in violation of Article 50 of the Representation of the People Order, 1972. It is submitted that only the contesting candidates and any other candidate against whom any allegation of any corrupt practice or illegal practice is made ......s not a candidate may be joined as a respondent to the election petition. It has further been held that it is as if a person guilty of a corrupt practice can get away with it. Where at the concluding stage of the trial of an election petition, after evidence has been given, the Court finds that ther......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
.... and wanted to gift the land of Ext. A in his favour. But as he was minor in 1944 Sultan Ahmed made a benami kabala, Ext. A in favour of his wife defendant No.1 Mst. Golap Bia. The kabala was without any 'consideration and no title was created in her favour by the kabala. The defendant No.1 subseque......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......ng into consideration of the evidence on record as the appeal is a continuation of the suit. Rather in my view recourse to such a procedure is all the more necessary in order to avoid multiplicity of proceeding and prolongation of litigation. The lower appellate Court formulated the following point ..Category: Property Law | Date: | Hits: 86
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
.... 6. The defence case as it appears from the trend of cross-examination of the prosecution witnesses was that of innocence of the accused and in his evidence as DW 1 he deposed that he did not commit any offence. 7. Mr. Md. Farhad Ahmed, the learned Deputy Attorney General with Mr. Md. Nurul Isla......people came there. As the door was closed one man entered the room opening tin of the roof but did not see his sister and accused Salim and found the door of the attached bath room was closed. At one stage accused coming out of the bathroom fell down. They entering the bathroom found his sister lyin......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company held by respondent No. 7 shall not be declared to have been made unlawfully and is of no legal e......ations 5(2) (iv) and 14 have been in the Listing Regulations of the DSE since 1996. The petitioner-company has been incorporated knowing fully well about all the existing laws of the country. At this stage, the petitioner company cannot take a different plea contrary to the laws existing at the time...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....lants and ultimately charge was framed under section 302/149 of the Penal Code against 21 accused persons. 4. During trial before the learned Additional Sessions Judge the prosecution examined as many as 23 witnesses including 9 eye witnesses of the occurrence and also laid material evidence to s......oresaid accused persons to refrain from planting banana plants and releasing fries in the Dighi when the accused persons disregarded their protest and started making altercations with them and at one stage accused Dr. Md. Nurul Islam with his gun, with intent to kill Hashem Reza Chowdhury @ Togor, o...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....med against all the 39 charge-sheeted accused persons under Section 302/34 of the Penal Code. The prosecution, with a view to establish the charge leveled against the accused persons, examined as many as 18 witnesses and the defence examined none. 4. Besides the aforesaid 18 witnesses being ex......ld ever recognize any of the accused persons. 20. F.I.R., being an earliest record of the case, has got much importance and it enables the Court to see what was the prosecution case at the initial stage and to check up subsequent embellishment or departure therefrom as the case proceeds through d......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....sons of the respective cases and directed issuance of warrant of arrest fixing 4-5-97 as the next date. 3. There is nothing on record to show that in pursuance of the said order CMM in fact issued any warrant of arrest against the accused persons of the respective cases. Possibly seeing a news it......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......ce Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending before the Chief Met..Category: Business or Commercial Law | Date: | Hits: 219
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