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Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....enior Assistant Judge, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag Nos. 423, 433 and......nting an Advocate Commissioner to submit a report after obtaining statement of the concerned lawyer and accordingly on 01.06.2005 the learned Advocate Commissioner submitted its report but he was not called in as a witness thus the defendant-petitioners did not have any opportunity to cross-examine ......land was correctly recorded in the name of the government and since the land is recorded in favour of the Bangladesh Government all title and interest have been vested upon the government. 7. The trial court on consideration of the material evidence on records adduced by the parties both by depo...... This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....es of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ....................... (5) Social justice ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ...... petition it appears that it was an ex parte decree. It further appears that Annexure-A to the writ petition is a judgment and order, being No.79, and the same was passed on 22-11-1976 when the civil trial court of first instance nomenclatured as "Munsif Court", but it transpires from Anne......HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....zammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner ......e offence against the petitioner was not a report in the eye of law, now there is no other alternative but to get the case investigated afresh by the Commission, no answer to question No. (v) is called for. 25. For the discussions made hereinbefore, we hold that the learned Senior Special ......e necessity of the sanction of the Commission for taking cognizance of an offence under the Ain, 2004 by a Special Judge. It is needless to mention that the Act, 1958 was enacted for more speedy trial and more effective punishments of certain offences and the petitioner and the other accused be......d. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: Th..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the enacted law. In order to find out the import and intent of the enactment, the provisions of the Act should be interpreted in such a way and manner in keeping with the intention of the Legislature so that the law can adequately serve the purposes and effectively deals with the offences. It should......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ocedure, 1898; Section 561A Inherent power The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the process of the court or otherwise to secure th...... ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....of law stood abated as a whole and the Court has nothing to decide upon the question involved in the Rule. The Rule stood abated as a whole by statute and that cannot be re-opened by any Court of law so long the statute remains in force.
Lawyers Involved:
Md. Jahangir Alam, Assistant Attor......The order of statue quo granted by this 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) 231.
......ted to India for good before 1965 and the property was vested with the Government as per law and that the RS Khatian No.390 was recorded with a note that Brojo Mohon was leaving in India.
7. The trial Court dismissed the suit by the judgment and decree dated 21-9-2000 against which Title Appeal......(Civil Revisional Jurisdiction)
Present:
Shahidul Islam J
Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
Oct..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....7; Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Habibur Rahman Mollah Vs. State, 62 DLR (AD) 233. Lawyers Involved: Rafiq-ul-Huq with Maudud Ahmed, Advocate appearing in person Ahsanul Karim mid Tasmia Prodhan, Advocates - For the Petitioner. Mahbubey Alam, Atto......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......k cognizance of the offences on 18-5-2008 under sections 26(2) and 27(1) of the said Act and the case was ultimately transferred to the court of Special Judge, Sher-e-Bangla Nagar, Dhaka, for holding trial. 4. On 29-1-12, the accused-petitioner submitted this application for quashing the impugn...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Shortly the Ain, 2000) convicting the appellants under section 11(Ga)/30 of the said Ain, 2000 and sentencing the appellant No.3 to suffer rigorous imprisonment for 2 years and a fine of Tk.3,000/ in default, to suffer rigorous imprisonment for 3 months......ence examined none. 4. From the trend of cross-examination of the P.Ws. the defence case is that the appellants are innocent and they have been falsely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on......r section 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Ain, 2000 and the same was read over to the accused persons who pleaded not guilty and claimed to be tried in accordance with law. 3. During trial the prosecution examined as many as 7 witnesses out of 8 cited witnesses in the petition of co......is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....itan Special Tribunal No.3, Dhaka, in Metro. Special Tribunal case No.354 of 2007 convicting the appellant under sections 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concu......o GR No.364 of 2007. 3. The Police, after investigation submitted charge-sheet under sections 19A and 19(f) of the Arms Act accusing the appellant as accused. 4. Eventually, the accused was called upon to answer there charge under sections 19A and 19(f) of the Arms Act who pleaded not guil...... years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that on the basis of secret information regarding unauthorised arms, on 3-4-2007 at 23-30 ......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
..... On the following day i.e. on 13-3-1996 (Thursday) the accused-petitioner came to her in the evening and proceeded with her to his house. At about 8-00 at night he asked her to wait in front of a person's house at Khanpur and he entered into that house. Taking advantage of his absence she fled ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......zance of the offence under Section 9(Ga) of the said Ain on 10-9-1996. The accused-petitioner being absconding necessary formality under section 20(5) of the said Ain, 1995 were observed for his trial in absenita. The learned Special Judge framed charge against the accused-petitioner for the of......te Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Di..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....e No.186 of 1998 convicting the appellant Khasru Ahmed of the offence punishable under Section 19 (a) read with section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for 10 (ten) years. 2. P.W.1 SI Md. Mustafa Kamal lodged a FIR with local Comilla Polic......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......o the learned Sessions Judge, Ex-officio senior Special Tribunal, Comilla who registered it as Special Tribunal Case No.186 of 1998 and took necessary cognizance. Thereafter, the appellant was put on trial before Special Tribunal No.3 Comilla on a charge framed against him under the aforesaid sectio......ral with Syeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal C..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
..........................Convict-Petitioner Vs. State.................................Opposite-Party Judgment August 16, 2012. Result: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be b......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......arising out of Uttara Police Station Case No.40 dated 30-1-2003 convicting the petitioner under section 19A and 19(f) of the Arms Act, should not be quashed. 2. The prosecution ease, at the trial, in short, is that one SI Golam Rahman lodged an FIR with the Uttara Police Station alleging, ......sult: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and unimpeachable, but the case where public witnesses depose in one voice contrary to what police p..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Tapan and others Vs. State, 2012, 41 CLC (AD)
....n nature. As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to imprisonment for life………………(7) Lawyers Involved: Khon......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ...... SK Sinha J. - These petitions arise out of the same judgments in respect of the same case and therefore, these petitions are disposed of analogously by this order. 2. Petitioners had faced trial before the Druta Bichar Tribunal No.4, Dhaka for the murder of Nur Mohammad Khan, father of th......(Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Tapan and others................................Petitioners [In Criminal Petition No.91 of 2010] Vs. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, 2012.
Result:
The is made absolute.
Cases Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 3......e.
25. In view of the facts and circumstances of the case I have the reason to inclined such a view that it is settled in our court that to every adult person the law assigns a domicile which is called the domicile of origin and which remains attached to him until a new and different domicile t......as heard and disposed of by the learned Subordinate Judge, 1st Court, Narail on 22.06.1999 A.D. The learned Subordinate Judge allowed the appeal on contest and reversed the judgment and decree of the trial court and dismissed the original suit.
5. Being aggrieved by and dissatisfied with the im......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....nt as the appellant following leave is directed against the judgment and order dated 23-8-2006 passed by a Division Bench of the High Court Division in Writ Petition No.5426 of 2004 making the Rule absolute with a direction to exclude the property from the 'Kha' list of abandoned buildings. 2......ding in the 'Kha' list of the abandoned buildings and, as such, the enlistment of the disputed building in the 'Kha' list is ex-facie illegal and without jurisdiction and, as such, no interference is called for. In support of his contention, the learned Advocate relies upon the case of Bangladesh, r......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
.... Md. Zahangir Farazi and others.....................Respondents Judgment August 7, 2012. Result: All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171; Abdul Bashar Vs. Bangladesh, ......;ognize the services of the petitioners as permanent in the respective posts and places they had worked since the date of their joining in their respective posts and, as such, no interference is called for with the impugned judgment and order and there being no merit in the appeals, the same be......without success. In the above circumstances, the respective petitioner as first party filed the IRO cases mentioned hereinbefore before the Third Labour Court, Dhaka under section 34 of the Industrial Relations Ordinance, 1969 as amended (the Ordinance, 1969) impleading the appellants here......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others.......Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... Pabna, in Sessions Case No.110 of 1994 arising out of Bhangoora PS Case No.2/31 dated 15-11-1993 convicting them under sections 302/34 of the Penal Code and sentencing them thereunder to suffer imprisonment for life and directing each of them to pay a fine of Taka 3,000 only, in default, thereof ea......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. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others.................Petitioners Vs. State............................................Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....abna, in Sessions Case No.110 of 1994 arising out of Bhangoora P.S. Case No.2/31 dated 15.11.1993 convicting them under sections 302/34 of the Penal Code and sentencing them thereunder to suffer imprisonment for life and directing each of them to pay a fine of Tk.3,000/- only, in default, thereof ea......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......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....in as plaintiff filed Other Suit No.5 of 1992 in the Court of Sub-ordinate Judge and Second Commercial Court, Chittagong for specific performance of contract against Md. Yousuf Chowdhury, the predecessor of the present petitioner impleading him as defendant No.1(hereinafter referred to as the defend......d by the High Court Division in First Appeal No.99 of 1992). Judgment Md. A Wahhab Miah J. - In this petition, the petitioner who is the heir of the deceased defendant, Md. Yousuf Chowdhury has called in question the judgment and decree dated the 20th day of May, 2010 passed by the High Court ......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......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....he High Court Division The inherent 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 con......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...... (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent 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 ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....rdered 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 confronted Jibran but the latter had denied of having such......he 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 the charges. 3. ......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 ......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
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