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Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......dgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have be......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ...... cab, which is owned by the Navana Taxi Cab Company Ltd. leased out on rental basis is being damaged for keeping the same idle in an open place and is being destroyed causing huge pecuniary loss. The trial of the case will not be hampered if the taxi cab is given in the Jimma to its original owner w..Category: Criminal Law | Date: | Hits: 110
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....ase has been proved by legal evidence without any shadow of doubt and the incriminating articles being recovered from the exclusive possession and control of the accessed, the learned trial Court has rightly passed the Judgment and order, which does not call for interference by this Court. He furthe......ed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run conc...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... submitted a charge sheet No.81 on 2-4-2005, against the accused appellant under section 19(a) and (f) of the Arms Act. Finally, the case was transmitted to the Special Tribunal No.7, Narayangonj for trial and registered as Special Case No.184 of 2005, wherein a charge was so framed on 12-5-05 again..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....of his contentions, the learned Counsel refers the case of Abdur Rahman Vs. Shamsunnahar Begum reported in 7 BLT (AD) 125 wherein at paragraph No.6 it has been observed: ''The High Court Division rightly held that in the instant case there is no evidence that the husband of the pre-emptee respon...... Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......the land transferred. 5. On the pleadings different issues were settled including the issue of maintainability, and the pre-emptors are entitled to get an order of pre-emption. 6. In course of trial the original pre-emptors examined four witnesses, co-pre-emptor examined two witnesses and pre..Category: Administrative Law | Date: | Hits: 230
.... evidence on record and the findings of the leaned Joint District Judge are the products of misreading of the evidence and non-appreciation of law. He further submits that the learned Assistant Judge rightly held that the ATPEO Md. Khademul Islam, in order to appoint his cousin Jesmin Akhter namely,......, Thakurgaon in Other Class Suit No.4 of 2000 decreeing the suit should not be set aside and/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, col...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41....... Court of the District Judge, Thakurgaon which was heard and disposed of by the learned Joint District Judge, Second Court, Thakurgaon who allowed the appeal, set aside the Judgment and decree of the trial Court and dismissed the suit on the finding that the plaintiff did not come to Court with clea..
Category: Employment/Service Law | Date: | Hits: 118
....respondents regularized 3285 employees of various development projects under similar situation without considering the cases of the writ petitioners and thereby, they have been deprived of legitimate right of absorption. They claimed to be regularized on the principle of legitimate expectation in th......2-49 (In Civil Petition No.1247 of 2011)
M.A. Sobhan, Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondents (In Civil Petition No.2169 of 2011)
Civil Petition for Leave to Appeal Nos.1781, 1784 and 1875 of 2011.
(From the judgment and order dated 7.4.2011......which the appellants could reasonably expect to continue gave rise to an implied limitation on the Minister’s exercise of the power contained in Art.4 of the 1982 order, namely an obligation to act fairly by consulting the GCHQ staff before withdrawing the benefit of Trade Union membership.”
......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....ch caused severe head injury; Mosharaf Hossen was embracing Ashid Mia; Mohasin has inflicted another ramdao blow on Ashid Mia and cut the half portion of left ear; Pichhon Mia also gave a blow on the right leg of Ashid Mia above the ankle and caused grievous injury by cutting artery; Shova Mia gave ......al, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Serajul Islam, Advocate, instructed by Mrs. Sherin Afroz, Advocate-on-Record- For the Respondents. Criminal Petition for Leave to Appeal No. 393 of 2009. (From the judgment and order dated 18.8.2009 passed by the ......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......ant for the disposal of this petition are that over an occurrence alleged to have been committed on 16th August, 2001, in which, one Ashid Mia had succumbed to his injuries, the respondents had faced trial of the above charges on the accusation that as per order of Shahidul Islam, all accused person..Category: Criminal Law | Date: | Hits: 69
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....ioner for recalling the PWs deprived him of such opportunity and thereby caused prejudice to the petitioner. The learned Advocate further submits that the impugned order amounts to denial of valuable right of the petitioner to present his case by cross-examining the PWs which has resulted in failure......f accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the pe...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......used was being tried on the charge of murder of one Abdul Awal, the elder brother of the informant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and pr..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......ichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the present Rule has been obtained against the order of transferri...... petitioners sought transfer of the case in question which runs as follows: "526. High Court may transfer case or itself try it.- (1) Whenever it is made to appear to the High Court- (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (......e under the provisions of section 526 of the Code of Criminal Procedure. Secondly, he contends that there is no allegation against the Druta Bichar Tribunal wherein the present case has been sent for trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits tha..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......ol, District: Dinajpur showing his present address at Paharpur, PS: Kotwali, District: Dinajpur, proprietor of "Azad Bastraloy". Subsequent thereto the case was received by the Special Tribunal for trial wherein charge was framed under section 25B(2) of the Special Powers Act and the accused being..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ...... of Deputy Commissioner, Dhaka in Pallabi PS Case No. 31 (6) 2004 dated 20‑6‑2004 till framing of the charge, if any, in this case and in the event of framing of charge against the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in ..Category: Criminal Law | Date: | Hits: 81
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....t of maintaining the relationship, she was required to rectify herself, at which, she was annoyed. He awoke on sensing a sort of pain when he could see a piece of glass in the hand of victim. He was frightened and tried to flee away when the victim inflicted two injuries on his chest. Thereafter he ...... the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2.......whether the appellant, in order to divert the attention of the real fact of the incident in a different angle he had introduced a concocted story in his confession regarding his wife's extramarital affair, the quarrel between them as a sequel of that dispute on the fateful night, the injury on his g......rosecution witnesses then this may be sufficient for their acquittal." In another case Appellate Division in Muslemuddin Vs. State, 38 DLR (AD) 311, observed: "The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to adduce evidence ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
.... writ petition was moved on 18‑3‑2001. The Rule was however, mainly opposed on the ground that when a special law is made providing, special remedy and special procedure to follow and giving a right to appeal, no application under Article 102 of the Constitution is maintainable before exhaust......ns/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent No. 3, Mahmudur Rahman. 2. On 25‑4‑2000, the petitioner as plaintiff presented a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......traneous materials. 34. The question whether or not the plaintiff had any valid and matured debt against the defendants within the meaning of section 9(1) of the Act could only be decided at the trial of the suit. 35. But the Court fell in serious error in holding that no individual natural ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......urshid Alam Khan, Advocate instructed by AKM Shahidul Haque, Advocate-on-Record-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 ...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... under section 138 of the Negotiable Instruments Act, 1881. The said complaints were registered as CR Case No.478/ Kotwali Zone/2007 and CR Case No.477/Kotwali Zone/2007. Both matters are now pending trial before the Additional Metropolitan Sessions Judge, 2nd Court, Chittagong respectively as Ses..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......e Cantonment Act, 1924. 6. The learned Joint District Judge by his judgment and decree dated 1-6-2006 rejected the plaint. 7. Being aggrieved by and dissatisfied with judgment and decree of the trial Court, the plaintiff filed First Appeal No.154 of 2006 before the High Court Division and the ..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....the field and section 182 of the BT Act applied to the homestead lands situated in the rural areas. 10. After the promulgation of the Act the question arose as to which of the laws will govern the right of pre-emption in respect of homestead lands in the villages: is it section 96 of the Act or s...... party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvement cost and Taka 1,000.00 for removing the structures from the case land. Being aggrieved by the said judgment and order passe...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......case was resisted by the pre-emptee petitioners denying the material allegations made in the petition and contending, inter alia, that the pre-emptor opposite party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor t..Category: Property Law | Date: | Hits: 70
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....law. 6. Lastly, he read section 372 of the Act and submits that said applicants were entitled to citation and learned Joint District Judge committed serious error in rejecting their application outright. 7. Opposing the Rule, Mr. JN Dev, however, submits that learned Joint District Judge commi......e Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Case No. 92 of 2002, which rejected the prayer of the petitioners for addition. 2. It is stated that opposite party Nos. 1 and 2 made an application under section ......section if not even they fully answer the qualification of ‘family'. If so, then, the applicants are definitely entitled to citation as under section 372 of the Act. 13. Citation is required for fair play. A succession certificate could only be granted in presence of or with the knowledge of th......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ely passed by the Subordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......at the plaintiff has not filed any Execution Case against the defendants but the defendants pray for directing the Court to deposit Taka 1,07,095/- through challan for satisfaction of the decree. The trial Court by Order No.64 dated 13.11.86 allowed the prayer and directed the judgment-debtor to d..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....categorically denied to register the kabala. The petitioners having not executed the document suspicion arose in the mind of the complainant and on inquiry it was found that the petitioners have no right, title and interest in the property agreed to be sold and it appeared that the petitioners i......rming those passed by the Metropolitan Magistrate, Dhaka in P.Case No. 422a/83, convicting the accused petitioners under section 420 of the Penal Code and sentencing them there under to suffer R.I. for 1 (one) year each and to pay a fine of Tk. 5,000/- each, with a default order. 2. Facts, in s......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......sult the complainant opposite party filed the complaint case under section 420 of the Penal Code in the Court of Chief Metropolitan Magistrate, Dhaka. The learned Metropolitan Magistrate held the trial in absentia the petitioners and by the judgment dated 20.6.88 delivered in absentia found the ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ot vitiated the proceeding. He argued that this may be an irregularity which is curable. 9. Now let us see how far the prosecution has succeeded in proving the case and how far the Tribunal is right in holding that the accused is guilty of the charges leveled against him. 10. Admittedly ch......Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under the Special Powers Act for disposal of the case involving the offences of smuggling. The Special Tribunal by his judgment a......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......t, no separate sentence is required to be awarded under that section in the present case. 2. The case for the prosecution, as narrated by informant Customs Inspector P.W.1 Saifuddin Ahmed at the trial, is that on 30.5.86 convict appellant M.M. Rafiqul Haider who was working as a Purser of the B..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......nate Judge, Third Court, Chittagong in other Appeal No.39 of 1975 reversing those of the learned Munsif, Sadar, Chittagong in Other Suit No.44 1973. 2. The appellant as plaintiff instituted the aforesaid suit for eviction of the defendant Nos.1-5 from the suit premises and for realization of ar......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
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