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Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....ase No.24 of 1979. The learned Special Judge by his judgment dated 30‑11‑82 found this appellant guilty of the charge under section 409 of the Penal Code and sentenced him to suffer rigorous imprisonment for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......tion and they themselves look up investigation of the case and on completion of the same submitted charge sheet against the present appellant and two others under 11 MLR. This appellant was placed on trial before the Summary Martial Law Court where 19 witnesses have been examined upto 3‑4‑79 and......or the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Amin Chowdhury J. - This appeal is directed against the order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, Rajshahi Division, Ra..Category: Criminal Law | Date: | Hits: 98
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....92 passed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.92 of 1991 convicting appellant Seraj Miah under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......a child witness, namely, P.W.6 Fatema Khatun, who was aged four years and four months at the time of the occurrence. The evidence of a child witness having not been corroborated by other witness, the trial Court has committed an error of law in finding the appellant guilty of a capital offence on th......espondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....er Abdur Rashid.....................Petitioner Vs. State ........................................................Opposite Party Judgment January 22, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman with Farah Mahbub, Advocates‑For the Petitioner. ......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......a lady is in custody in such a case from 2-11‑96, we are inclined to enlarge her on bail. 8. Now as regards the recovery of the unauthorished ammunition the same may be considered at the time of trial whether those were actually unauthorised or these have been actually recovered from that house......should not be enlarged on bail. 2. The short fact leading to this Rule is that, petitioner Mrs. Jobaida Rashid has been residing in House No.7 of Road No.55, Gulshan, Dhaka along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the cas..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
.... Appellate Jurisdiction) Present: Syed Refaat Ahmed J Md. Habibul Gani J State……………………Petitioner Vs. Moksed Ali and others…………………………Condemned-Prisoners Judgment February 1, 2011. Result: In the result, Death Reference No.139 of 2005 ......elper" Badshah. The route travelled by these four persons take a trajectory taking the two assailants and their unsuspecting victims from Nabinagar to Manikganj and by the end of the day to a place called Utholi followed by Tepra Bazar and its adjacent locality Rupsha. It is at Rupsha that at leas......Jail Appeal Nos. 1058 of 2005 and 1059 of 2005 and Criminal Appeal No.4422 of 2005 as preferred variously against the said Judgment by the Condemned Prisoners. 2. Of the six accused persons facing trial and leading to the delivery of the Judgment on 1-9-2005, Moksed, Tutul and Ripon were convicte....... ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....amima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and ......f the petitioners and also the ASK and the BMP. 20. The Historical Background: According to the Holy Bible and the Holy Quran, Adam and Eve (Hawa), the first man and woman were sent to this planet called Earth together. They faced the ordeal of the world as it was thousands of years ago and toget......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......orted in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....ed at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......suit on the, assertion that the petitioners being co-sharers in possession in the suit jote have been contesting the suit. No objection was filed by the plaintiff against the application. The learned trial Court who heard the application by his order dated 30-11-95 rejected the same. 6. Being ......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
....Md. Hamidul Haque J Moktar Ali Bepari………............……Petitioner Vs. State...…………………Opposite Party Judgment June 22, 1998. Result: The Rule is made absolute. Lawyers Involved: Tamizuddin, with Mustafa Zaman, Advocates — For the Petitioner. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......, Tangail Sadar in CR Case No. 222(C)/85 but at the same time enhancing the sentence of the appellants. 2. It appears that the petitioners were convicted under section 379 of the Penal Code by the trial Court and sentenced to pay fine of Taka 3,000.00 each in default to suffer Rigorous Imprisonme......Advocates — For the Petitioner. None appears — For the Opposite Parties. Criminal Revision No. 1640 of 1993. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Additional Sessions Judge, 1st Court, Tangail in Criminal Appeal No...Category: Criminal Law | Date: | Hits: 96
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....hman J Ali Akbar Khan (Md) ........................Petitioner. Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......y. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific performance of contr...... Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Red..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....f the matters enumerated therein in the court. The word court has been defined in Article 152 of the Constitution. According to Article 152 of the Constitution, the court includes the Supreme Court also. In section 3(3) of the Act a penal provision has been made for the delinquent employee. From the...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......her language could be filed in the subordinate civil Courts. The plaints written in English language being invalid they are non-est against the concerned defendants and are liable to be rejected. The trial Courts by the impugned orders rejected the applications for rejection of the plaints of the co......High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J AM Mahmudur Rahman J Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....aka and another, 44 DLR (AD) 40; Radha Kissen Chamria and others Vs. Durga Prosad Chamria, AIR 1940 PC 167; Commissioner of Income Tax Vs. Vadital Lallu Bhai, AIR 1973 (SC) 1016; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 191; Bangladesh Steel Mills Vs. Masud Reza, 30 DLR (SC) 169; Nasiruddin ......s treated as abandoned property either under A.P.O. No.1 of 1972 or under P.O. No.16 of 1972 the same has been vested in the Government and as such taking over or vesting of the property could not be called in question by any Court on any ground whatsoever and as such the impugned judgment and order......he owner of Fasons Metal Industries where he started an electrical Fan making industry; that the said Industry was started upon his lease hold land bearing Plot Nos.287 and 288 at Baizid Bostami Industrial Area in Chittagong; that thereafter the plaintiff respondent No.1 undergoing much trouble and ......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court...... Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for establishment of its factory for which a loan was granted and an am...... Petition No.3285 of 1996 on 28‑11‑2001 whereby this Courts order dated 5‑11‑96 so far it relates to order dated 21‑4-96 passed by the Artha Rin Adalat was made absolute as the learned trial Court vide order dated 19‑6‑97 complied with the order of this Court dated 5‑11‑96. Be......utomatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum & another ........................ A......oto. Further he has said that he saw 3 knives and taking delivery of the dead body from the morgue on 25.8.2003, he buried the dead body on 26.8.2003. He has further stated that the Officer-in-charge called him to Thana and asked him whether he knew Rokeya whereupon he replied in the affirmative and......r hearing before the learned Sessions Judge, Gazipur where it was registered as Sessions Case No. 20 of 2005 who then sent the case to the learned Additional Sessions Judge, Second Court, Gazipur for trial where charge under Sections 302/34/109 of the Penal Code was framed against the appellants and......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....n Bench and since the valuation of the suit and the application came to our notice after conclusion of the hearing we have decided to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......Judge, Dhaka. Thereafter Title Appeal No.380 of 1990 was filed and the appellants, the Government of Bangladesh and others obtained an order of stay of the operation of the judgment and decree of the trial Court. Ultimately & matter came before the High Court Division and the High Court Division...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ..Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....980) 1 SCC 530; (1969) 3; SCC 198 (202). Lawyers Involved: Serajul Haque with Mansurul Hoque Chowdhury, Salahuddin Yusuf and ABM Golam Majid, Advocates ‑For the Appellants (Condemned Prisoners). Shamsul Alam, Deputy Attorney‑General with Hefzul Bari, Advocate ‑ For the State.......uld go to the house of P.W.9 to settle a salish in which he is not at all interested. The visit of P.W.9 to that house appears to be improbable as he himself was not a matbar or a headman and was not called upon by anybody for settling such dispute. Moreover, he failed to give essential particulars ......wful assembly attacked them. It is in the FIR that the accused appellants tied the hands and mouth of victims as well as that of P.W.2 Lutfor and carried them on their shoulders but Lutfor during the trial resold from such a statement and stated that accused Mujibar caught him and somehow he got him......4 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....alling upon the respondents to show cause why the detenu Hussain Mohammad Ershad, now detained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful author......thereafter became the Chief of Staff after the creation of Bangladesh after he returned from Pakistan. On 24th March, 1982 with few of his army officers he surrounded the Presidential Palace which is called Bangabhavan and forced the elected President namely Justice Abdus Sattar to resign, which hav...... students community and political parties and created adverse effect on them and the All Party Students Union of the Dhaka University assembled near অপরাজেয় বাংলা and demanded trial of the detenu and expressed their intention to go towards Cantonment and the Dhaka University ......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
.... Ebadul Hoque J Md. Hamidul Haque J Adhir Kumar Shaha.................Petitioners Vs. State...............Opposite Party Judgment November 29, 1995. Result: The Rule is made absolute. Lawyers Involved: None Appears – For the Petitioner. Abdus Salam Mamun, Assistant......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. ......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 ......quitting the accused petitioner. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8.90 petitioner surrendered before the Special Tribunal and prayed for bail, but this prayer for bail was rejected. By another order of the same date the c..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... Alam Chowdhury.................Opposite Party (In Criminal No. 604 of 1993) Judgment August 1, 1995. Result: The Rules in respect of Civil Revision Nos. 3451 and 3474 of 1992 are made absolute. The Rule in Civil Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1......in J.- These 3 Rules arising out of a single Judgment have been heard together and shall be disposed of by this Judgment. 2. The propriety and legality of the impugned Judgment have been seriously called in question by the petitioner as well as by the opposite party. 3. Facts giving rise to th......া 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 ......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....Gafur Sikder............................Petitioner Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1......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...... Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao Bahadur and another ..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
.... Chhaganlal Nathoobhai, AIR 1945 Bombay 417; Kumbha Mawji Vs. Dominion of India, AIR 1953 (SC) 313; Firm Shriram Haracharandas Khamgaon Vs. The President, The Court Seed Forward Delivery Managing Association Ltd., Khamgaon and others, AIR 1954 Nagpur 236; Smt. Hoora and others Vs. Abdul Karim, AIR......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......…Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. Muhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (Lahore) 398; AIR 1955 P..Category: Procedural Law | Date: | Hits: 93
....istan Ltd..................................Respondents
Judgment
February 15, 1989.
Result:
The appeal is dismissed.
Cases Referred to-
London and Provincial Leather Process Vs. Hudson (1939) 3 All ER 857; Dodwell and Comp. Ltd. Vs. British Dominion General Insurance Co. Ltd. Ll......etermining whether he will take the risk as per section 18 of the Act. We may refer here that non-disclosure of any material fact is only voidable at the option of the party prejudiced. Thus we are called upon to see whether this non-disclosure that the internal packing was defective was such a ma......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.
......Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
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