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State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
.... to hear the appeal of three appellants regarding whom the other Judges of the Division Bench hearing the appeal were in concurrence. The Supreme Court was of the opinion that the third Judge was not right in his approach and his hands were not tied as far as those 3 appellants was concerned in resp......5 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advocate-State Defence Lawyer for absconding convicts. Abdul Malek, Se......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......ions 302/34 of the Penal Code and sentenced to death by judgment and order of conviction and sentence dated 29.7.2003 in Metropolitan Sessions Case No.1973/2000. Md. Faisal Alam Ansari, who faced the trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The t..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....s true and voluntary. The learned Counsel further contended that the appellant was taken on remand mechanically without any material for satisfaction and thus this remand was violative of fundamental right as mandated by Article 33(2) of the Constitution and section 167 of the Code of Criminal Proce......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ...... 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... place of occurrence and then Asgar inflicted a chapati blow on the top of the head of the victim which emerged the brain from cranial cavity. Thereafter, the petitioner inflicted chapati blow on the right side of the head just above the right ear and other accused persons also caused injuries with ......represented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012. Result: The death sentence of the petitioner is commuted to imprisonment for life. Lawyers Involved: A.K. Badrul Huq, Senior Advocate (with Mansurul Huq Chowdhury, Se...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......t and order of the High Court Division confirming the death reference made by the Druta Bichar Tribunal No.4, Dhaka in Druta Bichar Case No.36 of 2003. 2. Petitioner along with 8 others was put on trial before the Tribunal to face charge under sections 302/34 of the Penal Code for causing the dea..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......ed: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......rt Division of a charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947. 2. Facts relevant for the disposal of this petition are that the accused respondent was put on trial to face the above charge before the Additional Sessions Judge and Special Judge, Nababgonj on ..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....ern part in favour of Sree Krishnapur hat committee and the defendant is possessing remaining 2.66 acres of land; that the original owner of the land died in the year 1972-73 and the plaintiff has no right title and possession but he filed this suit with created documents and as such the suit is lia......ate instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. Jamiruddin Sircar, Senior Advocate, instructed by Md. Mojibur Rahman, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No.271 of 2010. (From the judgment and order dated 14th December, 2009 passed......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......Nine witnesses were examined in support of the plaintiff’s case and eight D.Ws. were examined in support of the defendant’s case. 5. Upon considering the evidence and materials on record, the trial Court by its judgement and decree dated 28.05.2002 declared the title and interest of the plai..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. .......2524 and 2529 of 1998.) Judgment Surendra Kumar Sinha J. - Since these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sections 409/1......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......peal Nos.2524 and 2529 of 1998.) Judgment Surendra Kumar Sinha J. - Since these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sectio..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....and in question is the khas land of the Government and the GovernÂment settled the same to various defendants and they have been possession the same by paying regular rent and the plaintiffs have no right, title, interest and possession and that the land has been made khas under section 20 of the S......isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co......n of any land, or by an entry made in a record-of-rights under sub-Âsection (2) of section 31 relating to the deterÂmination of rent or recording of possession of any land, (or by an order settling fair and equitable rent of any land under subÂ-section (2) of section 46A), may present an appeal a......the suit. 5. Trial Court by its judgment and decree dated 29-10-1991 decreed the suit in part for 17.19 acres of land. 6. Being aggrieved by and dissatisfied with the judgment and decree of the trial Court, the plaintiffs (respondents herein) preferred Title Appeal No.116 of 1992, the Governme..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......cate-on-Record—For the Petitioners.
Mohammed Ali Akanda, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2.
Not represented—Respondent No.1.
Criminal Petition for Leave to Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the H...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......me to a finding that the earlier case was dismissed for default on 18-1-2005 for non appearance of the complainant and that apparently the previous case was not dismissed on merit after conclusion of trial. The High Court Division further held that in previous PS Case No.12(5) 2000 no trial was held..
Category: Criminal Law | Date: | Hits: 85
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ey General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney General, with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the ......) had a talk with Major Rashid who ordered not to move the dead bodies. At around mid-day on the same day the informant along with the I.G.(prisons) had gone to meet the Secretary, Ministry of Home Affairs and apprised him about the incident but he also foiled to give any satisfactory solution rathe......eir respective relations after conducting post mortem examinations. 4. Accused-respondents along with the condemned prisoner Risalder Mosleuddin @ Hiron Khan @ Mosleuddin and 17 others were put on trial before the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No.7 of 19..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No.449 of 2009. (From the judgment and order dated 22.11.2009 passed by the ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ence against the petitioner and others on 24th December, 2006. 4. The learned Magistrate then after compliance of formalities required by law sent the case record to the learned Sessions Judge for trial. The accused Mainuddin and Zinnat Ali filed a petition under section 265C of the Code of Crimi..Category: Criminal Law | Date: | Hits: 66
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
.... us that the Courts are more generous in allowing the amendments of the written statement as question of prejudice is less likely to operate in that event. He further submits that the defendant has a right to take alternative defence which, however, is subject to the exception that by the proposed a......3. Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional w......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......on among the co-sharers, the defendant No.2 who is appellant before us filed additional written statement and then an application for amendment of written statement, which prayers were allowed by the trial Court, against which, on a revision petition moved by the defendant No.1, the High Court Divis..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......t the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the plaintiff under Order XXXIX, rule 1 of the Code of Civil Proce......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... 1 of the Code for temporary injunction restraining the defendants from entering into the suit land and disturbing him in his possession thereon. On the said application for temporary injunction, the trial Court issued notice upon the defendants. As they failed to appear, the learned Judge by order ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....erpreting the sections of the Ordinance. Under the Transfer of Property Act which is the general law governing the relationship of landlord and tenant for this kind of teÂnancy, the landlord has the right to terminate the tenancy by giving a notice to quit on the tenant in the manner prescribed unÂ......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......he Ordinance, to determine the point of default, and in this view of the matter an authoritative pronouncement of this differing interpretations, has become essential by this Court. 3. Whether the trial Court below, upon the finding that the trade licence of the tenant was in the name of UniÂver..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is disÂmissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... took objection to the tax on the constitutional ground. The objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Court which dismissed the petition. 4. Two questions were raised before the High Co......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is disÂmissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......10. Section 4(b) was inserted by the FinÂance Act, 1968 which reads thus;— "Nothing contained in sub-section (1) or sub-section 4(A) shall be deemed to exempt the following income of the inÂdustrial undertaking, namely (1) the amount representing the face value of any bonus share or the amoun..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.... in support of their respective cases, whether oral or documentary, a duty is cast upon the Court to consider the same and thereafter to arrive at its conclusions with reference thereto but it has no right to ignore the evidence of a party irrespective of the value that it may carry. Applying the co...............Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of ......s and he depended upon defendant No.1 for managing the joint properties and it was in connection with those properties he signed some blank papers at the instance of defendant No.1 for managing the affairs of his family. It was further asserted in the written statement that the plaintiff happens to ...... learned Subordinate Judge, 2nd Court, Chittagong in Other Suit No.32 of 1983 have been called in question. By the impugned judgment the learned Additional District Judge reversed the judgment of the trial Court and dismissed the suit. 2. The petitioner as plaintiff instituted a suit for specific..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....iminal Law Amendment Act, 1958 read with paragraphs (b) and (c) of the schedule of the said Act, liable to be tried by the Special Judge. 26. Accordingly, we find that the Senior Special Judge has rightly taken cognizance of the case against petitioners, without previous sanction of the Governmen......n heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken......ecial Judge, Dhaka. 3. Facts giving rise to these Rules may, in brief, are that Md. Ziauddin Siddiqi an Inspector of the Narcotics Control Department, Dhaka sent a letter to the Ministry of Home Affairs on 12-9-92 alleging that Md. Abdul Majid, another Inspector of the same department claiming hi......their prosecution and filed the same along with the charge-sheet; whereupon the Chief Metropolitan Magistrate took cognisance of the case and transferred it to the learned Metropolitan Magistrate for trial, and on 22-2-94 the learned Metropolitan Magistrate framed charges against the petitioners and..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......j in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman ......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161....... goes to make a contradiction in respect of the ownership of the house from where these arms were recovered. He next submits that the charge sheet has been filed on 18-2-1996 and then it was sent for trial to the Special Tribunal and that the accused-appellant was arrested on 2-4-1996 and since afte..Category: Criminal Law | Date: | Hits: 65
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......aka in TS No.22 of 1967.
2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......further case is that, he is entitled to purchase the undivided share of the suit plot which is the homestead and filed the petition suit to buy the suit land under section 4 of the Partition Act. The trial Court decreed the suit. Defendant No.1 preferred appeal and the appellate Court by its judgmen..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....led under Order 9 rule 13 deceased Badaruddin himself asserted that he was simply entrusted by the Bainchitala Junior Madrasha to manage the property and there is nothing on record to show that, that right of management has devolved upon the opposite parties on the death of said Badaruddin. In this ......n 115 of the Code of Civil Procedure and is directed against the order No.15 dated 22-2-95 passed in Miscellaneous Appeal No.54 of 1985 by the learned District Judge, Jhenidah allowing an application for addition of parties. 2. The petitioner as plaintiff instituted Title Suit No.16 of 1081 for d......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153....... That Miscellaneous Case was resisted by the present petitioner by filing a written objection wherein they have asserted that the summons of the suit was duly served on the defendants and the learned trial Court after recording evidence and hearing the parties dismissed the aforesaid Miscellaneous C..Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... ordered her deportation from Bangladesh. As a sequel to that the Ministry of Industries cancelled the liaison office permission with effect from 27-11-95 vide Annexure-C. The petitioner has no legal right to come to Bangladesh as she indulged in activities which go against the financial interest of......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of ......dman, President of Daddy’s Money of Bangladesh and Managing Director of Daddy’s Money Garments Ltd……………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others………….Respondent Judgment November 14, 1996. ......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
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