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Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......cate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed b......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......ve petitioners under sections 302/34 of the Penal Code. In presence of the accused including convict-petitioners in the dock, the charge was read over to them who pleaded not guilty and demanded trial. The prosecution examined 22 witnesses in support of its case while defence examined none. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ...... Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......e leave petitioners under sections 302/34 of the Penal Code. In presence of the accused including convict-petitioners in the dock, the charge was read over to them who pleaded not guilty and demanded trial. 6. The prosecution examined 22 witnesses in support of its case while defence examined n..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......volved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......this verbal statements of the plaintiff were recorded in a cassette and because of such admission of the plaintiff, the suit was not maintainable and the same was liable to be dismissed. 4. At the trial, the plaintiff examined two witnesses while the defendant examined four witnesses. Both partie..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which no other procedure is available. This section confers no new powers on the High Court......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......ble under different provisions of the Penal Code including murder and Explosive Substances Act. The police ultimately submitted a charge-sheet in case and eventually the case was taken up by the trial court for trial, and in the midst of trial, on the prayer of the prosecution, the case was sen..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....There is then no common intention of the conspirators to which the statement can have reference. In their Lordships' judgment S.10 embodies this principle. That is the construction which has been rightly applied to S.10 in decisions in India, for instance, in 55 Bom 839 and 38 Cal 169. In these ......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......n support of the charges. 3. Admittedly victim Jibran was murdered on his way home back from office on 9th June, 1999 at about 5-30 PM. According to the prosecution version, Titu had love affair with one Samanja and when he came to know that Jibran had also an affair with Samanja, Titu con......man (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....prayer for benami declaration. Mere incorporation of a prayer for benami declaration in the plaint, by way of amendment will neither change the nature and character of the suit nor will take away any right of the defendant as the defendant had already contested the suit upon the question of benami a......VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same extent ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......receipts with Hori Krishna Mondal. The plaintiff did never purchase the suit land by his own fund and did never possess the same. With these averments he prayed for dismissal of the suit. 5. The trial was taken up by the learned Assistant Judge, Additional Court No.3, Khulna who framed the foll..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......owed. Lawyers Involved: Shamsuddin Ahmed Babul, Advocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ...... case was started. The police, after completion of investigation, submitted charge against all the FIR named accused persons including the present accused-petitioner. 4. The case was ready for trial and it was ultimately sent to the court of the learned Additional Sessions Judge, Lakshmipur w..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......strate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.218 of 2002 on 26.07.2000 in the...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......t in the case of Latifa Akter and others Vs. The State and another, reported in 7 BLT (AD) 282; our apex Court observed: "Section 265C in Chapter XXII speaks of discharge of an accused in a trial before court of sessions. Section 241A in Chapter XX speaks of discharge of an accused in a tr..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....he light of the room and found the victim. He further submits that before lighting, the accused-appellant was not aware about the identity of the thief and, as such, the occurrence took place for his right of private defence which he has stated in his statement under section 164 of the Code of Crimi......to GR No.228 of 1996 arising out of Meherpur PS Case No.13 dated 22-9-1996 convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. On a First Information Report lodged by P.W.1 Abdul Mannan Mr.idha brother of the ......ed in 48 DLR 282, that." "It is essential that the person who are next-door neighbours or lived near the place of occurrence should be examined and it casts a serious reflection on the fairness of the trail and an adverse presumption can be drawn. " 58. Similar view was take......olice arrested the accused-appellant who made confessional statement under section 164 of the Code of Criminal Procedure before the Magistrate, 1st Class, Meherpur. 9. The case came up for trial before the Court of Sessions Judge, Meherpur, the charge was framed against the ac..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., with a view to allay confusion that seems to have permeated into the mind of the Hon'ble Speaker, apparently because of the infusion of erroneous information, we are putting the misunderstood facts right and expressing our expectation as to sub-judice matters. Let this matter be reviewed again on ......ul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a...... Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment July 24, 2012. ......s that the discussions on matters pending adjudication before courts of law should be avoided on the floor of the House, so that the Courts function uninfluenced by anything said outside the ambit of trial in dealing with such matters…………… It is a well established rule that discussion on a..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Result: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.367 of 2009 (From the judgment and order dated 27.01.2008 passed by the ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......ed them thereunder to rigorous imprisonment for 7 (seven) years and to pay fine of Tk. 10,000/- each, in default, to suffer rigorous imprisonment for a further period of 1(one) year each. The learned trial judge made a reference under section 374 of the Code of Criminal Procedure to the High Court D..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....ll that my justice be ruled by my mercy” 22. Taking into consideration, the facts and circumstances of the case, we are of the view that conviction under section 302 of the Penal Code was rightly imposed upon the condemned-prisoner. Considering the mitigating circumstances, we are inclin...... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......ion, Inspector Md. Mahmudur Rashid, Officer-in-Charge, D.B, Manikgonj, after investigation submitted charge sheet against two accused including the condemned-prisoner. 5. At commencement of the trial, the learned Additional Sessions Judge, Manikgonj framed charge against both the accused inclu..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
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Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......sed petitioners against whom allegations under the respective provisions of law have been brought and because of the said situation they do not have the scope to controvert the said allegation unless trial commences. As such, he submits that this Court in this sort of cases should exercise it’..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....hority to issue such show cause notice upon the plaintiff. That the previous committee wherein the plaintiff was General Secretary was still in existence as per law and the defendant did not have any right to amend the constitution of the association. That the formation, activities and the orde...... Md. Taufique Hossain, Advocate-on-Record—For the Petitioner. Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the ...... Welfare Organization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangladesh and got government as well as foreign grants. The said sa......al has been directed against the judgment and order dated 25-3-2009 passed by the High Court Division in Civil Revision No.2944 of 2006 discharging the rule affirming the judgments and decrees of the trial court as well as of the appellate court. 2. The respondent No.1 Ms. Eazilatunnesa, as pla..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......uestion of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff is entitled to get benefit of secti...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......ivil Revision No.3570 of 2000. A Single Judge of the Hon’ble High Court Division made the rule absolute, set-aside the judgment and decree of the court of appeal below and restored those of the trial court by judgment and order dated 28-7-2998. Petitioner against the judgment of the Hon'bl..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....ody of the writ petition, facts were stated in a more cumbersome manner which are as follows: The cause of action of the application under article 102 of the Constitution arose on alienation of right to a decree on admission of debt on enactment under sections 5 and 6 of the Negotiable Instrum...... Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... eventually heard by the learned Additional District Judge, Seventh Court, Dhaka who by his judgment and decree dated 24.05.2003 allowed the appeal and set aside the judgment and decree passed by the trial Court and remanded the suit for re-hearing on taking further evidence on the said travelers ch..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....minutes of the meeting dated 21.05.2007, had been impugned by various Importers in writ petition Nos.9422 and 9972 both of 2007 and 6710 of 2009 contending, inter alia, that the Importers’ basic right to choose its own Ship Handling Operator had been infringed thus, violating the relati......Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearin...... (in short, the Ordinance) to facilitate the growth and progress of the port. Section 5(1) of the said Ordinance provides that the general direction and management of the respondent No.1 and its affairs shall vest in a Board which may exercise all powers and do all acts and things which may be e......aid meeting following resolutions had been adopted: (i) Berth/Ship-handling operation should be introduced in place of Stevedoring/Shore-handling services at CP from 16.05.2007 on trial basis; (ii) Jetty Nos. 1-13 at CP would be demarcated into 12(twelve) berths, where..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....peal, from the judgment of the High Court Division upholding conviction under section 302/34 of the Penal Code and confirming death sentence the Appellate Division held that this confession have been rightly considered as against the co-accused under section 30 of the Evidence Act. The trial court c......lue in cases where the accuseds are unknown culprits and are Known only amongst their associates. In such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is d...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......g except from the data and information available in the confessional statement....... (19) Since confessional statement is documentary evidence, it can be taken into consideration at the time of trial as per section 30 of the Evidence Act, 1872 and in appropriate case conviction of the non-conf..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....e information of assessors and officers, and intended to promote method, system and uniformity in the modes of proceeding, a compliance or non-compliance with which does in no respect affect the rights of tax paying citizens. These may be considered directory. Officers may be liable to legal an......ate-on-Record—For the Petitiner. (In Civil Petition No.1434 of 2012) Not represented—For the Respondents. (In all the Civil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 o......r of this Division. 39. Therefore, we have decided to dispose of all the civil miscellaneous petitions for leave to appeal and the civil petition for leave to appeal. In order to ensure free and fair election, a fresh schedule should be published by the Bar Council after correcting the vot......n the case of Md. Delwar Hossain Vs. State reported in 2006 BID (AD) 109 this Division considered whether section 20 of the Nari-o-Shishu Nirjatan Daman Ain, 1995 providing for conclusion of the trial within 120 days is directory or mandatory. This Division held that sub-section 2 of secti..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... Lawyers Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. None represented—For the Respondent. Criminal Petition for Leave to Appeal No.202 of 2009. (From the judgment and order dated the 12th day of March, ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......r section 241A of the Code of Criminal Procedure (the Code) for discharging him from the case. On that very date, the case was transferred to the Court of Divisional Special Judge, Chittagong for trial and disposal. 5. The Divisional Special Judge took cognizance in the case agains..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
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