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Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ...... Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribu...... and the accused petitioner is discharged from the bail bond submitted before the said Special Tribunal. Let a copy of this Judgment be sent to the Secretary, Ministry of Law and Parliamentary Affairs for taking necessary action against Mr. Dabiruddin Shaikh, Subordinate Judge exercising power ......s record in which date of the Judgment and names of the learned advocates of the parties were written by the Peshkar. 4. From the above we have no manner of doubt that the accused petitioner faced trial before the Special Tribunal which ended in delivery of a Judgment as recorded in order No. 21 ..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....dhury, the husband of the opposite party Mrs. Sheerin Alam Chowdhury on the other hand, as plaintiff filed a counter suit being Family Suit No.10 of 1987 in the said Court for restitution of conjugal rights. 5. The learned Family Judge by his common Judgment and decree dated 17.3.92 dismissed the....... Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, Dhaka against her husband Captain Shamsul Alam Chowdhury as defendant, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Sh...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......া করিতেন মনে হইত কোন কথা বলিতে গেলে তিনি বাদীনিকে অপমান করিবেন”। Thus it appears that the trial Court totally misread the plaint. 14. Dr. Rafiqur Rahman submits that the Family Court has ..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
.... suit has arisen at Laxmipur Sub-Registry Office. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the opposite parties, on the other hand, has contended that the suit involves the rights of immunity from immovable properties and as such is governed by section 16 of the Code of Ci......te parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as follows: One Sekander Ali, the predecessor-in-interest of the oppo......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......ill was executed and where the parties were admittedly resident directed to return the plaint to be presented to the proper Court. A Division Bench of a Madras High Court set aside the order of the trial Court and directed to take the suit lying in his file and dispose of the suit according to law..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......, 4th Court, Dhaka in Title Suit No. 37 of 1969 (previously numbered as P.O. No 99 of 1967) should not be set aside. 2. Facts in short are that the opposite party being plaintiff instituted the aforesaid title suit alleging, inter alia, that as per contract dated 23.12.64 entered into betwe......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......ng a written objection contending, inter alia, that the suit was barred by limitation under Article 178 of the Limitation Act. On the prayer of the defendant, the point of limitation was heard by the trial Court on 18.4.73 as a preliminary issue. 4. The learned Subordinate Judge passed the impugn..Category: Procedural Law | Date: | Hits: 93
....efore this Court.
4. Mr. A.R. Yusuf, the learned Advocate appearing for the appellant, has submitted 4 grounds for our consideration. Firstly, the learned Advocate submits that the appellant has rightly avoided the claim of insurance in the present case as the same suffers for non-disclosure of......ate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967.
2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass to be delivered at the factory premises of the plain......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......e legal questions raised by the learned Advocate for the appellants are not at all relevant for the purpose of this case.
7. He further submits that on proper consideration of law and fact the trial Judge has passed the judgment in this case and as such the same need not be interfered with.
..
Category: Business or Commercial Law | Date: | Hits: 325
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....as well as of other appellants can be the only conclusion for which the sentence of death is the appropriate penalty for them. The Tribunal below appreciating the evidence and materials on record has rightly passed the impugned judgment and order of conviction and sentence of death against the appel......No. 911 of 2006) Noor Hossain- For the convict-appellant (In Jail Appeal No. 912 of 2006). Syed Mizanur Rahman For the convict-appellant (In Jail Appeal No. 913 of 2006). Md. Abdur Rashid- for the convict-appellant (In Jail Appeal No. 914 of 2006). Syed Mizanur Rahman- For the convict...... query they said that they belong to the nearby house and had been waiting there to receive their relations who are scheduled to come and that amongst those two boys one was long haired and other was fair complexioned. Then he left the place for patrol duty in other areas of the town. On the followi......e suggestion that he tortured the accused Jamir and Piyas and another accused Babul (since deceased) and threatened them to confess and that the said statements were not recorded as told by them. The trial Court below also ascertained the truth as well as voluntariness of the confessions made by the..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....or acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This does not give right to remand of the case……………………..(17) Before passing an order......lute. The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27 During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge), Gaibandha Sadar, seeking a decree for certain declaration. The defendant-petitioner entered appearance in that suit and filed a writte......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......No.33 dated 9‑10‑95 indicates that in view of the prayer made by the plaintiff‑(opposite party) supported by affidavit and deposit of cost of Taka 700 by two cheques, on 7-10‑95 the learned trial Court upon hearing the plaintiffs opposite parties allowed the same and thereby restored the o..Category: Procedural Law | Date: | Hits: 94
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... is further stated that the case filed against the petitioner and her husband under section 409 of the Penal Code and with section 5(2) of Act II of 1947 ended in charge-sheet and are now pending for trial before the proper courts. It is further stated that there is no case pending for investigation..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....use of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Assistant Sessions Judge, 3rd Court, Rajshahi on appreciating the said legal aspect rightly took cognizance of the offence. She further submits that there is no legal ground in the ins......h Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabilities; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and tha...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... by the learned Sessions Judge, Rajshahi vide order No.2 dated 27-11-2007 and since then the accused petitioner has been enjoying the privilege of bail. 5. Thereafter the case was made ready for trial and the same was transmitted to the Court of learned Sessions Judge, Rajshahi wherein the same..Category: Criminal Law | Date: | Hits: 94
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....al decision till the conclusion of the Criminal trial. The learned Assistant Attorney-General has farther submitted that in this case petitioner has not been honorably acquitted, so the authority has rightly started further inquiry against the petitioner. He has further submitted that the Government......itted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the service. Being aggrieved petitioner moved ......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455....... of misappropriation of the alleged Sanchaya Patras. The learned Advocate has submitted that this is not tenable in the eye of law since the petitioner has been acquitted by the competent Court after trial. He has further submitted that petitioner had personal enmity with Assistant Director Ataur Ra..Category: Employment/Service Law | Date: | Hits: 147
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....endants was proved by the deposition of his witnesses along with other documentary evidence like rent receipts, showing possession of the plaintiff. The fact that the plaintiff witnesses could not outright disclose the dates of their marriages and the birthdays of children while being cross-examined......ariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assista......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......d the suit land and defendant Nos.2, 3 and 4, sons of defendant No.1, on behalf of defendant No.1, were possessing the suit land and the suit is false and fabricated and is to be dismissed. 5. The trial Court dismissed the suit by the Judgment and decree dated 25-8-2004 and 31-8-2004 respectively..Category: Property Law | Date: | Hits: 121
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....mits that the allegations made in the first information report and charge sheet clearly disclosed the offence punishable under section 5(2) of Act II of the Anti-Corruption Act, 1947 and the case was rightly filed under section 420/109 of the Penal Code as the offence is disclosed in the first infor......2, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lo......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......tion 420 of the Penal Code is disclosed in the FIR, and charge sheet and, as such, the instant proceeding cannot not be preposterous and if any offence in disclosed and the same can be decided by the trial Court in course of trial on examining the witnesses. But in this case no charge had yet been f..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......t Court, Pabna, in Title Appeal No.45 of 2003 affirming those dated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a suit for declarati......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......ding of the reference given by him. 4 P.Ws. and 4 D.Ws. were examined who deposed supporting their respective sides. On further reading of the Judgments of the Courts below in appeared to me that the trial Court framed 5 issues which were discussed and decided collectively in violation of municipal ..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... that the plaintiffs being owners of the adjacent land did not institute suit for pre-emption and filed the instant suit for specific performance of contract in order to deprive the petitioners their right; that the petitioner planted some trees and constructed some Kutcha huts over the suit land; t......r order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a declaration that the registered sale deed ex......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the facts and circumstances decreed the suit..Category: Property Law | Date: | Hits: 90
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....4‑6 during cross-examination on retrial after remand order and long lapse of time can have no evidentiary value according to learned Assistant Attorney-General who contends that learned trial Court rightly disbelieved subsequently created cloud and correctly found appellants guilty for the charge ......ritical condition was taken to Master Bazar wherein local Dr. A Bari attended him and gave first aid but the condition being critical it was advised that he should be taken to Chandpur Sadar Hospital for better treatment. Accordingly, on way to Chandpur Sadar Hospital Julfu Master died and the dead ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......atwary. Other accused surrendered through engaged Advocate. They were sent to custody having prayer for bail. Afterwards charge was framed under sections 302/34 Penal Code against all accused. At the trial prosecution examined 16 witnesses. P.W.1‑6 and 8 are informant Waliullah Patwari, and Yusuf ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....t was suggested to him by the defence that one. Bhaduri Bibi, wife of Ishaque Miah, is a co‑sharer to the case land and she is a necessary party, although her name was not recorded in the record of rights. Thereafter the petitioners filed an application for adding the said Bhaduri. Bibi as an oppo......a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... and it is bad for defect of parties. It was further contented that they purchased the case land with the consent of the petitioners and, as such, they are not entitled to pre‑emption. 4. At the trial the petitioners examined one witness in support of their case. While cross-examining P.W.1 it ..Category: Property Law | Date: | Hits: 94
.... of any advance made to any party as a loan. Here in the present case admittedly the plaintiff is not a financial institution as contemplated under the Artha Rin Adalat Ain and, as such, they have no right to institute the suit in the Adalat and the Adalat has no jurisdiction to entertain such a sui......bordinate Judge and Artha Rin Adalat No.2, Dhaka in Title Suit No.2 of 1995 should not be set aside.
2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property ment...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
...... the same cannot be maintained in that Court. The plaintiff has not obtained any licence and their status is not that of a financial institution as contemplated under the Artha Rin Adalat Ain and the trial Court committed wrong and illegality in not returning the plaint to the filing Advocate for pr..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....he deed was registered by false personation by Salamatullah, the predecessor-in-interest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about the ...... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-......ll the relevant evidence there may be and to examine it giving of course due weight to any circumstance attending its production that might render its loss more credible, and giving the other party a fair opportunity of meeting it, and no Court has the right to reject evidence tendered at any stage ......and their Counsel and having considered the evidence and materials on record, the learned Assistant Judge, Chatkhil dismissed the suit by judgment and decree dated 28-2-93. 6. Strangely enough the trial Court did not discuss and consider issue No.4 but while discussing issue Nos. 2, 5, and 6 viz ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... by the learned Additional Sessions Judge, Sunamganj in Sessions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against th......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......r on an application filed by one Md. Shamsuddin the learned Magistrate included petitioner No.2 Fazlul Karim as an accused and accepted the charge-sheet and sent them to the Court of Sessions to face trial. Thereafter the petitioners filed an application before the learned Additional Sessions Judge ..Category: Criminal Law | Date: | Hits: 102
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