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Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
.... and at small distance houses were there. But at night he could not see the houses and that he did not visit the place earlier. He denied the suggestion that he did not go to the place occurrence nor any revolver was recovered in his presence. 8. P.W.5 constable Idris Ali attached to Jhenaidah Po......in his presence no arms was recovered and he put his signature in the seizure list going to the Thana and he in his examination-in- chief, however, admitted his signature in the seizure list. At this stage prosecution declared him hostile. He was cross-examined. He denied the suggestion that the arm......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
...., which has been impugned in the present criminal appeal. 5. Mr. A. M. Mahbubuddin, the learned Advocate appearing for the appellants, submits that the ejahar in the present case does not disclose any offence under section 11 (Kha) of the Ain as against the appellants. Since there are no ingredie...... in respect of demanding dowry and torturing the victim-informant, the learned Judge of the Tribunal rightly rejected the application for discharge. The accused cannot not gag the proceedings at this stage, only on taking plea that there are no ingredients of section 11 (Kha) of the Ain. 7. We ha......upon the cases of The State Vs. Khondker Md. Moniruzzaman reported in 17 BLD (AD) (1997) 54 and Nazrul Islam Vs. The State reported in 50 DLR (1998) 103 to establish his contention that in a criminal proceeding, charge cannot be framed against an accused without reasonable satisfaction. 6. On the..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....or the petitioners submits that the documents mentioned in the plaintiffs’ application are necessary for resolving the issues involved in the suit, but the learned Assistant Judge without assigning any reason, has rejected the plaintiffs’ application by a non-speaking order, which is no order in...... of the plaintiffs received the same. Beside, the suit was not maintainable as being bared by law. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. At one stage, the plaintiffs filed an application before the trial Court on 7.7.1999 under Order XI rule 14......istant Judge heard the application and rejected the same by his order dated 7.7.1999. The plaintiffs moved in this Court challenging the said order, obtained the Rule and an order staying all further proceedings in the suit. 5. Mr. A. J. Mohammad Ali, the learned Advocate appearing for the petiti..Category: Property Law | Date: | Hits: 58
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
.... 2(two) separate appeals. 11. The learned advocate appearing for the appellants submits that this is absolutely a case of no evidence and the prosecution has failed to prove the charge by adducing any corroborative evidence of the prosecution witnesses, in view of the matter since the appellants ......her disclosed that Jigatala hut sits twice a week from 3 P.M to 9 P.M but having no permanent structure of the shop Mehespur and Shibpur hat is big and peoples of the village goes to that hat. At the stage his deposition was postponed on 26.9.2000 and it was further taken on 08.07.2003 wherein he de......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....verbal FIR with the Gowainghat Police Station against the appellant and other five persons including the deceased Samsher Ali alias Temnai stating inter alia that the night following of 15.09.1996 at anytime two cattle were taken away by unknown thieves and on 16.09.1996 the accused deceased Temnai ......ant. 13. In order to prove the charge leveled against the appellant as stated above, the prosecution examined 8 P.Ws, out of them P.W.1 Matsir Ali, the informant deposed in court and stated at one stage in his deposition that he got secret information that the stolen cattle were kept confined on ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....nizing the belongings of Maulana Shamsul Huq. At about 2.15 am. Wazed Ali woke up and found stab injury by “Sabal” on the left chest of Giazuddin. Hearing alarm Shamsul Huq rushed in followed by many others. In the evening the students of Madrasha Mir Mahbubur Rahman (appellant) a former expelle......ry as of FIR, admittedly was not an eye witness of the occurrence, after hearing the news of killing the victim he rushed to the spot and made the FIR. 17. P.W. 2 Moulana Abdul Samad stated at one stage of his deposition that “পরে জানিতে পারি মীর মাহাব......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
...., Solpar, Faridabad for the construction of Dacca-Tongi Division Road in L.A. Case No.66 of 57-58 and the Government has already constructed Tongi Division Road and at present there is no need of any land for construction of Dacca-Tongi Division Road but C.S. Plot No.164 was not used in the co......t No.164 become without any purpose of the respondents. During the Mohanagar Zarip, the names of the petitioners have been correctly recorded and have been found in the peaceful possession up to D.P. stage. The respondent No.4 released entire land of C.S. Plot No.164 along with other lands on 23.02.......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... to dismiss a complainant if he finds after considering the statement on oath of the complainant and result of the investigation or enquiry held under section 202 if there is no sufficient ground for proceeding. Under section 241A of the Code, before framing charge, a Magistrate is also required to..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
....rather, on the advice of the Supreme Court, a second notice to show-cause was issued upon the writ-petitioner on 20.11.2003. This was challenged in Writ Petition No.7316 of 2003 but without issuing any Rule, it was summarily rejected on the ground that the recommendations from the Ministry were di...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......No. 2438 of 2004) Order ABM Khairul Haque J. - This petition for leave to appeal is in respect of the judgment and order dated 04.02.2009, declaring the order of suspension and the departmental proceeding as illegal, passed in Writ Petition No. 2438 of 2004. 2. The facts leading to the fili..Category: Employment/Service Law | Date: | Hits: 73
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....roblems had been noticed and requested respondent No.5 for joint survey of the road alignment from Baniachang-Ajmirigonj via Shibpasha in order to ascertain clear picture and update the date to avoid any future inconvenience. On 15.08.2006, respondent No.5 replied by letter that there was no diffi......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ...... 5. Dr. M. Zahir, learned Counsel, appearing for the petitioner submitted that the High Court Division is based on wrong premises on the premise that the petitioner did not invoke adjudication proceeding, which the petitioner indeed did as would be seen from Annexure-S and SI to the writ peti..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......petitions. 10. It appears that the procedure contained in sub-section (5) of section 6 of the Ain is applicable with regard to sell of the properties in execution of a decree in an execution proceeding. But section 12 requires a financial institution to take an initial step to liquidate the..Category: Property Law | Date: | Hits: 54
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......ice demanding justice upon the respondents for immediate settlement of the matter and to allow him to execute the work order issued in his favour but the respondents failed to response. At this stage, the petitioner moved this application under Article 102 of the Constitution and obtained the ......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..Category: Others | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....h Court Division on merit, they in fact, filed the leave petition for expunging the observations made in the judgment that "It does not however mean that the waqf nature of the property shall be in any way changed or disturbed, the property which was made waqf on 3.8.1867 shall continue as waqf pr...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......spondent filed another application for enrolment which was registered as diary No.6862/605 dated 16th October, 1979, before the Administrator of Waqf and on the said application the present enrolment proceeding was started. The Administrator of Waqf by order dated 2nd April, 1986 allowed the prayer ..Category: Trust/Waqf Law | Date: | Hits: 171
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
.... 9. In the case there is no eye-witness of the murder of victim of crime. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to place on witness box any ocular evidence for the commission of murder of victim of crime. It is posited here that for a c......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ant Attorney- General—For the State. Md. Jalal Ahmed Sikder, State Defence Lawyer—For the Condemned Prisoner. Death Reference No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became ..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
.... by a bomb blast in a vehicle by which the two Judges were going to the office. The reason for the killing was very unusual. The victim Judges had no relationship whatsoever with the killers, whether any personal animosity or group rivalry or other ill-feeling or even personal acquaintance. Prosecut......rs of the case, he started his investigation activities, during which he visited the four places which the condemned convicts and other JMB Members used as hatching the criminal conspiracy at various stages and also the place where the bomb blast took place as a result of the conspiracy. He prepared......ondemned-prisoners on the dock. He admitted the fact of giving statement before the Magistrate under section 164, Cr.P.C. and proved the same as Exhibit 2. PW 2, in cross-examination, stated that the proceeding of the meeting at Mridha Bari was not reduced to writing and that he did not see Shaiokh ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....re the Tribunal below, On the closure of the evidence of the prosecution witnesses the jail appellant was examined under section 342 of the Cr.P.C. wherein he claimed innocence and declined to adduce any evidence in defence. He further declined to submit any paper or state anything; the learned Trib......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......s, On further interrogation the jail appellant disclosed that a gang of 21 persons arrived in Sylhet for the purpose of commission of dacoity. He further disclosed that he was apprehended when he was proceeding to put those arms and ammunition into the truck they brought with them. It was also discl..Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
.... Kumar Das, opposite party No.3 in the application, by a registered deed being No. 4715 dated 2-6-97 transferred the case land to the appellants at a consideration of Taka 3,00,000 without service of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy of the imp......e proceedings for pre-emption and not a person who had such interest in the holding at the time of making the application but lost it before disposal of the case. A fresh interest acquired at a later stage cannot be tacked on the interest held at the commencement of the proceeding but lost during th......e is found on record to prove that said Khatian No. 1134 was at all opened by said Circle Officer. 22. OPW 2 brought the record of said miscellaneous cases. After perusal of the record of mutation proceedings the learned Subordinate Judge found that return of the notice does not show that Satish ..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....sferred subsequently after the issuance of the instant Rule and thus the Rule has become infructuous. 9. The point that calls for our determination is, whether the learned District Judge committed any error of law in passing the impugned judgment and order dated 27-11-2005 which has occasioned an......f the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may, at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal ......application on behalf of the opposite parties for adjournment, the matter was fixed for argument hearing on 28-11-2005 and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as w..Category: Civil Law | Date: | Hits: 92
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....d to deprive Hasan of this money he has been falsely implicated in this case. On the other hand, defence of condemned-prisoner Shahid is that he alone murdered deceased Shazneen and he did not commit any rape. 8. In the six petitions of appeal submitted by each condemned-prisoner separately, but ......ately after the occurrence went to her bedroom and found her dead body. Their evidence is corroborated by the statements of condemned-prisoners Parvin and Minu. Even Shahid made statements at various stages i.e. before and during trial, confessing his participation in the killing. So, from all these...... as Hasan) preferred Criminal Appeal No. 3644 of 2003 and all the six condemned-prisoners including Hasan preferred Jail Appeal No. 184 of 2004 against the said judgment and order. The three criminal proceedings have been heard together and they are disposed of by this judgment. 3. This is a case..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....nda share, Alip Khalifa as 4 anna share, Maherjan Bibi as 15 gonda share and Arobjan Bibi as 15 gonda share and accordingly CS khatian was recorded. It is further stated that Abdur Gafur died without any issue, leaving his wife and sister: Amina Begum; that thus Amina Begum got 8 anna share and late......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......ation IV to section 11 of the Code of Civil Procedure and if an admission is made between the parties, none of the parties should be permitted to take that plea against the same party in a subsequent proceeding with reference to the same subject matter. 30. Since the predecessors of the plaintiff..Category: Property Law | Date: | Hits: 70
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