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Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....riminal Miscellaneous Case No.29242 of 2009 summarily rejecting an application filed by her under section 561A of the Code of Criminal Procedure (the Code). 2. On 14-7-2007, one Hafizul Islam, son of Md. Wahed Mondal @ Ohid of village Nawpara, Police Station Mirpur as informant lodged a writ......d the 11th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous No.29242 of 2009). Judgment Md. A Wahhab Miah J.- In this petition, the accused-petitioner has called in question the order dated the 11th day of October, 2009 passed by a Division Bench of the ......r section 265C of the Code to discharge her from the case. The Sessions Judge by his order dated 23-11-2008 transferred the case to the Court of Additional Sessions Judge, Second Court, Kushtia for trial and disposal. The learned Additional Sessions Judge by his order dated 20-1-2009 rejected the......d: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October, 2009 passed by the High Court Division in Criminal Miscell..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....sed her in filthy language. The informant heard about the incident with his niece Rumi and on that day he, his mother Rokeya Begum and Husna Begum, his brother’s wife asked the accused about the reason of abusing Rumi, whereupon, the accused abused them as well in filthy language and at one stage,......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: ...... section 302 of the Penal Code against the condemned petitioner. 4. The case was transferred to the Court of Sessions Judge, Kishorganj where it was numbered as Sessions Case No.219 of 2003 for trial. Charge was framed under section 302 of the Penal Code against the condemned prisoner an...... Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....y the pre-emptors as the appellants following leave is directed against the judgment and order dated 02.07.2003 passed by the High Court Division in Civil Revision No.2387 of 1995 making the Rule absolute reversing those dated 22.10.1994 passed in Miscellaneous Appeal No.233 of 1992 of the Court......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......y Tk. 5,000/- for which their offer was turned down. The pre-emptees developed the case land by spending huge amount of money. Hence, they prayed for dismissal of the pre-emption case. 4. The trial Court by his judgment and order dated 30.07.1992 dismissed the case. Against the judgment and......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………â€..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
.... Council.......... (55) Statement must be voluntary Before recording a confession, a Magistrate is bound to make a real and substantial enquiry as to the voluntariness of the confession. In so doing, he must put questions to the accused with a view to finding out the real object of the con......07, argues that the alleged confessional statement of Md. Khorshed was untrue and obtained under duress and since it is neither true nor voluntary, he filed a petition on 06-11-2000 retracting his so-called confessional statement; but the Court below failed to appreciate this dimension of the case c......d Nasima, Sub-Inspector Md. Mainul Islam submitted the charge-sheet no.157 dated 18-4-2001 against the condemned-appellants under sections 302/34 of the Penal Code. 5. At the commencement of the trial of the case, the learned trial Judge charged all the condemned-appellants under sections 302/3......bsp; ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....(Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; A...... "F", "G", and "H"). 7. The prior to the shipment of the goods in question, on 20-10-2011a Bangladesh government nominated pre-shipment inspection (PSI) Agency called Bureau Veritas inspected the goods physically and on 27-10-2011 issued a Clean Report of Find......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......cial Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: The Rule i..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule is made absolute. Legality of a notice under section 5 (1) of the Government and Local Authority Lands......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... them from taking possession of the land and from disturbing his possession therein. 5. The plaintiff-government contested the said application for injunction by filling a written objection. The trial Court, upon hearing the parties, allowed the application and passed an order of temporary inju......n (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....the State Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-em......application under Order XLI, rule 19 of the Code of Civil Procedure, depends on Whether the appellant was prevented by sufficient cause from appearing before the Court when the appeal was called on for hearing. The conduct of the appellant may be reprehensible but the matter cannot ......ons of the pre-emption application 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 ......t Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Nahida Sultana…………...................Appellant Vs. Bazlur Rahman Khan and others......Respondents Judgment November 14, 2012. Result: The appeal is al..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession 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 crim......on the accused. When the burden of fact is on the prosecution, the case must be 'proved beyond a reasonable doubt. When, however, the burden of an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in default to incur a verÂdict of guilty, it i......act is wrong and not borne out by the evidence/there is no limitation on its power to interfere with the order of acquittal. An accused starts with a presumption of innocence when he is put up for trial and this presumption of acquittal should not be lightly interfered with by the Appellate Divi......esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A conÂfession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.....Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession 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 cri......s on the accused. When the burden of fact is on the prosecution, the case must be proved beyond a reasonable doubt. When, however, the burden of an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in, default to incur a verdict of guilty, it is......elf. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession was not voluntary or it was inculpato.....................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... 2011 and 1672 of 2011 as plaintiffs filed Title Suit No.81 of 2006 in the First Court of Joint District Judge, Dhaka impleading the petitioner of CP No.2199 of 2011, Shamsul Kabir Humayun Reza, son of late Yeadul Hossian of plot No.34(old), 113 (New), Block-C WN(B), Gulshan Model Town, Gulshan......ich showed that till hearing, he claimed original defendant No.1, i.e. Shamsul Kabir Humayun Reza of Mirpur as his vendor. The learned Judge held that "Thereby it can safely be concluded that so called bainapatra or agreement for sale was entered into by plaintiff with the person who......in the scene with three sets of original documents which included the letter of allotment, receipts showing payment of installments against the suit plot and the lease deed, it was incumbent upon the trial Court to frame an issue as to which sets of documents, were genuine and who was the actua...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
.... the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise. Even if it is found that the case was filed prior to the expiry date of legal notice, then also the case has attained its maturity after expiry of the statutory period. There is no illegality i......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......no illegality in this respect................(6) Prayer for a direction on the complainant to receive the amount and discharge of the accused is not acceptable It is not the function of the trial Court to give direction on the complainant to receive money after expiry of the statutory peri...... Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....dants in brief is such that the suit is not maintainable and there is no cause of action to file the suit which is barred by limitation and barred by section 42 of the Specific Relief Act, 1877 and also barred by the principle of estoppel, waiver and acquiescence. The further case of the defendants ......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......file the suit not in civil Court but in the Labour Court and 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 t......his Case is also Reported in: 21 BLT (HCD) (2013) 51.
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Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....y;ties are true 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 ...... 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. ...... the Code of Criminal Procedure. Over and above, whether the allegations of abetment in manipulating the tender for sale of the case properties are true or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of material......ision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgment ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....n designed and styled as a public interest litigation has been filed by an Advocate and a human rights activist who is the Member of this Bar. 2. The petitioner has come up with a case and has sought a direction upon the respondents to ensure Rule of Law and to take necessary steps against ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......ed Deputy Attorney General and submits that they are public servants and fully respectful to the order of the Court. He submits that since they are to appear before the concerned court to face the trial of the criminal case lodged by the alleged victim, they should be exempted from personal appe......arkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ramna, Dhaka and others.………...... Respondents. Judgment November 8, 2012. Result: Th..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....al is directed against the judgment and order dated 25.09.2012 passed by a Division Bench (Vacation Bench) of the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 making the Rule absolute and quashing the proceedings of Special Case No.30 of 2007 arising out of Metropolitan Specia......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......udge, Dhaka where it was renumbered as Metro Special Case No.150 of 2007. The Metropolitan Senior Special Judge, Dhaka transferred the case record to the Court of Special Judge, Court No.4, Dhaka for trial where it was renumbered as Special Case No.30 of 2007. 5. Charge was framed against the ......Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Anti Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The le..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....A.N.M. Bashir Ullah J The State………………………....Petitioner Vs. Moru Bhuiyan………..............Condemned prisoner Moru Bhuiyan ………………………..........nder Section 164 of the Code. The police after investigation submitted charge sheet under Section 302 of the Penal Code accusing the condemned-prisoner as accused. 6. Eventually, the accused was called upon to answer the charge under Section 302 of the Penal Code to which he pleaded not guilty ...... common judgment, these have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that victim Abdul WahabKarigor (since deceased) elder son of Md. Karam Ali Karigor (P.W.1)......te ………......................The Respondent Judgment October 18, 2012. Result: Death Reference No.36 of 2007 is rejected. Criminal Appeal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. Cases Referred to- Md. Jiaur Rahman Vs. The St..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....andal in equal share; Subsequently Kenaram Mandal purchased the 1/3 share of Paresh Chandra Mandal in the name of his wife Ahaladi by registered patta dated 16.05.1916. That Ganesh Chandra Mandal also transferred his 1/3 share in favour of Kenaram Mandal and thus Kenaram Mandal became the owner o......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. ...... and consequently the suit was fixed for ex-parte hearing. On the date of ex-parte hearing the plaintiffs examined one witness and also produced some documents which were marked exhibits. But the trial court dismissed the suit by the judgment and order dated 23.07.2000 on the observation and fi......ellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imrnan Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others..........Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....a Metropolitan Rickshaw Samity..........................Opposite Party Judgment October 17, 2012. Result: The rule is made absolute. Lawyers Involved: MA Baqui, with Hasnat Quayum, Advocates—For the Petitioner......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......dinance, 1983 , as such, before expiry that statutory period of time no cause of action arose under the statute thus under Order VII, rule 11 of the Code of Civil Procedure the suit is barred but the trial court by the impugned order rejected the application without applying its judicious mind which......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why t..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....mplete ownership over the goods and the respondent No.7 as an instrumentality of the Customs Authority and Port Authority resultantly has no legal competency to withhold delivery under any plea. He also submits that respondent No.5 (bank) already certified that money has been transferred from t......itioner is not entitled to get any delivery of goods. 29. Scrutton, Charter parties, 19th ed (1984) at 2 describes a bill of lading as follows; "After the goods are shipped, a document called a bill of lading is issued, which serves as a receipt by the ship-owner, acknowledging t......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....was elected Member of Parliament several times from Comilla-2 constituency in the National Parliament Elections since 1991. The petitioner was the Cabinet Minister of Ministry of Energy and Mineral Resources and Home Affairs during 1991-1996. He was also the Cabinet Minister of Health and Family Wel...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ency Power Rules, 2007 on 17-09-2008. 5. The Chief Metropolitan Magistrate, Dhaka, by his order dated 18-9-2008, sent the case record to the Court of Senior Metropolitan Special Judge, Dhaka for trial. Thereafter, the learned Senior Metropolitan Special Judge. Dhaka, by an order dated 21-9-2008......1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
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