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Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ...... Result: The Rule is discharged. Cases Referred to- Crown Vs. Nur Alam, PLD 1955 (Lahore) 667; Abdul Noor alias Nur Meah Vs. State, 9 DLR 633. Lawyers Involved: Ahsanullah Chowdhury for Abul Hossain Azadi, Advocate — For the Petitioner. Not Represented — the Respondent. C......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......port on 28-11-1992 against the petitioner under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act (II of 1947), hereinafter referred to as the Act. 4. At the trial charge was framed under section 409 of the Penal Code and section 5(2) of the Act against the ..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... No. XII-17 RA186-87/XII-M-133/86-87 and since 2-5-87 they have been owning and possessing the same on payment of rent to the Government Acquired Estate. It was further alleged that the case land has rightly been recorded in their names in the recent Field Survey Like the previous years the complain......…………Petitioners Vs. State and another……………………Opposite Parties Judgment July 21, 1998. Result: The Rule is discharged. Lawyers Involved: Probir Halder for SS Halder, Advocate — For the Petitioners. Not Represented — the Opposite Parties. Cri...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......him. The accused persons also caused damage to his unripe Nyatpasha paddy causing him a loan of Taka 3000.00 and hence the case. 3. On the aforesaid allegations the accused petitioners were put on trial before the learned Magistrate, Madaripur in CS Case No.115 of 1992 (TR No.2 of 1992) to answer..Category: Criminal Law | Date: | Hits: 73
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ion of criminal justice prevailing in our country since British colonial time founded on the resumption of complete innocence of the accused till he is found guilty by the court on trial allowing him right to maintain complete silence at the time of investigation as well as trial giving him chance t......Amicus Curiae. MA Wahab Miah, Advocate —For the Opposite Party Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why j......n the result the Rule is discharged. Send down the LC records. Let the accused opposite parties discharged from their bail bonds. Let copy of this judgment be sent to the Secretary Ministry of Hone Affairs and Secretary Ministry of Law, Justice and Parliamentary Affairs for information and necessary......currence. 3. Police after investigation submitted charge sheet against accused Kader, Matin, Shamsu, Halima Khatun and Firoja Khatun under sections 447/302/326/307/114/34 of the Penal Code. At the trial accused opposite parties were charged under the aforesaid provisions of the Penal Code to whic..Category: Criminal Law | Date: | Hits: 64
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......Miscellaneous Case opposite party, Mr. MA Wahab, an Advocate of this Court, was directed by a Division Bench on 29-5-89 to show cause why his name should not be referred to the Bangladesh Bar Council for taking disciplinary action against him for committing the following misconduct: “In course of ......o have been done. If any member of the legal profession hobnobs with any Judge and such a member appears in any case before that Judge, the party adverse to his client gets apprehensive about getting fair justice from that Judge. Even if the client of that member of the profession wins the case by t......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257...Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....ul Mannan Chawkidar that the informant falsely implicated the accused being unduly influenced by P.W.4. Rather P.W.4 made obliging statement in favour of the accused. So we find that Special Tribunal rightly rejected belated suggestion made to the Investigation Officer P.W.5 regarding false implicat......d order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 convicting appellant under section 19A and 19(f) of the Arms Act 1878 and sentencing him to suffer RI for 10 (ten) years and 7(seven) years respectively and directing both the sentences to run concurren...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... the provisions of Police Act and Police Regulations. Since no objection was taken in respect of the lodging of the FIR and investigation of the case at the initial state we find no illegality in the trial of the case as the Special Tribunal had jurisdiction over both the PSS in question which are w..Category: Criminal Law | Date: | Hits: 73
....ave effect notwithstanding anything contained in the Constitution or in any other law for the time being in force.”
And by para 2 of the Proclamation, MLO 9 was repealed. Despite such repeal any right that accrued to any person who had already filed a review petition under para IA of MLO 9 whic......apacities at different places. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Cont......s. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Controller of Vagrancy in April,......nt places. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Controller of Vagrancy i..
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....rst part is that he was assaulted on the “hukum” of accused Munsur Rahman Khan, second part is that accused Tota, Nuru, Farhad, Kazi Farhad, Iqbal, Saiful, Mohan and Aziz dealt dagger blow on the right side of his chest. 20. Autopsy report of the dead body of Selim, Ext.5 was prepared by P.W.......r Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sentence is commuted to imprisonment for life. Death Reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-G......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......arhad, (6) Iqbal, (7) Safiul, (8) Mohan, (9) Aziz, (10) Munsurur Rahman Khan alias Reju, (11) Md. Badruzzaman alias Chand Miah, (12) Keramat Ali Talukdar, and (13) Md. Zahiruddin Akand were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.131 of 1988, Accused No.11..Category: Criminal Law | Date: | Hits: 74
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
.... dead body of an unknown person brought and identified by constable 76 Chandi Das and found the following injuries: “1. Left arm was ligate with thick long rope. 2. Multiple cut wounds on the right and lateral neck, almost at the same place having 9" x 2 ½ " x fracture of the occipital, of ...... of 1988 (Jessore) Death Reference No.4 of 1991 (Dhaka) Judgment KM Hasan J.- This reference is under section 374 of the Code of Criminal Procedure by Mr. SM Abdus Samad, Sessions Judge, Magura for confirmation of the sentence of death of the condemned accused Sree Ranjit Kumar Pramanik pass......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660....... sections 302/34 of the Penal Code. 4. The prosecution examined in all 15 witnesses including the Investigating Officer and the defence examined none. A lawyer for the defence was appointed by the trial Court and the case was heard. 5. Mr. Abu Sayeed, the learned Advocate, volunteered to appea..Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....btained the ex parte decree against the party Nos. 1 and 2 within 3 months of the institution of the suit, that appellant before him was not impleaded in the title suit as a party to whom a statutory right of pre‑emption under section 96 of the State Acquisition and Tenancy Act accrues and the dec......ons, inter alia, that he was a co‑sharer in the holding by inheritance and he had no knowledge about the transfer of the land under pre‑emption to purchasers‑ the opposite party Nos. 1 and 2, before me. The petitioners resisted the said case by filing joint written objection. Their case was th......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......ection. Their case was that the case under section 96 of SAT Act was barred by limitation and they were benamder of his father Lal Mahmud who was a co‑sharer in the holding in possession. 3. The trial Court dismissed the case on contest on 20.7.82. The pre‑emptor's Miscellaneous Appeal No.382..Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ed law that where the legislature has indicated a mode of procedure before a Magistrate, a civil Court will not interfere, except in very special circumstances, by way of injunction or declaration of right. In the present case, it has already been found in the proceedings under section 145 Cr.P.C. t......…Petitioners Vs. Arju Miah & Others…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Invol......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......e said ex parte decree in Title Suit No.149 of 1972. 5. On consideration of the pleadings of both the parties and the documents filed by them the prayer for temporary injunction was allowed by the trial Court. On appeal, the judgment and order of the trial Court was confirmed by the Subordinate J..Category: Property Law | Date: | Hits: 61
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim of loan by the financial institutions which include banks. No special procedure has been provided for trial of Artha Rin suits under the said Ain. But to expedite disposal of those suits certain provisi..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....endants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitled to continue with his leasehold right on payment of usual rent. 3. The plaint case is that the suit land was leased out to Messer......gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le...... said to have lost it. Moreover, it is not the appellant who is responsible for making the mistake…….Responsibility for any loss, if at all incurred in leasing out the suit property, must, in all fairness, be borne by and rests with the Government." 16. In the case of Mr. Ismail and Sons Vs. ...... authority in cancelling the lease of the plaintiff and, as such, the plaintiff was compelled to file the suit. 4. The suit was heard ex parte on 20th December, 1975. The suit was dismissed by the trial Court, against which the plaintiff filed First Appeal No. 161 of 1976 before this Court and th..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....case ended in final report and no discharge certificate was issued to the detenu in the jail. 9. From the analysis of the aforesaid cases it appears that he was implicated in twelve criminal cases right from the year 1977, when he was a mere minor boy of 9 years till the year 1980. In between the......t of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they ......Advocates ‑ For the Opposite Parties. Criminal Miscellaneous Case No.504 of 1992. Judgment Md. Mozammel Hoque J.- This suo moto Rule was issued directing the Secretary, Ministry of Home Affairs, Government of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira a......utely illegal, void ab initio and without jurisdiction. 10. In Kayra PS Case No.1 dated 18 .11 .80 (sessions Case No.103 of 1981) the detenu was made an accused, but he was ultimately acquitted on trial by the Sessions Judge, Khulna. In Kayra PS Case No.1(2) of 1983 (Sessions Case No.190 of 1986)..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....e petitioner is the only manufacturer, importer, marketer and distributor of among others 21 (twenty one) branded finished products to Bangladesh, therefore, it is a violation of it's fundamental rights guaranteed under articles 31 and 40 of the Constitution of the People's Republic of Banglades......ahmud, Senior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of Jun......ackaging materials such as empty tubes of Unilever products. The aims of such imports are to market and distribute fake, sub-standard and counterfeit products. The counterfeit products are taking unfair advantage of the marketing campaigns conducted by the writ-petitioner. Moreover, the unassumi......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....ld be apparent from the reports and the tender documents. Mr. Mahbubey Alam contended that the learned Joint District Judge on a thorough consideration of the reports with the oral evidence on record rightly came to a definite finding that these reports are apparently perfunctory but the High Cour......dent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain area earmarked as D-1, D-2, E-1, E-2, E-3, F-1 and F-2, Section 2, Mirpur......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he time of deciding the case finally considers the report of the commissioner which assists the Court for limited purpose for appreciating the evidence, which the Court records during the course of trial of the suit. The report of the commissioner is only a piece of evidence amongst the other ev..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......l by his judgment dated 27.11.89 found the appellant guilty of the accusation under section 25B(2) of the Special Powers Act and convicted and sentenced the appellants to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Tk. 5000.00 in default to suffer rigorous imprisonment for ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......politan Magistrate, Dhaka who sent it to the Senior Special Judge to take cognizance of the case under the Special Powers Act, 1974 who also transferred the case to Special Tribunal No.9 at Dhaka for trial and accusation under section 25B(2) of the Special Powers Act was framed against the appellant..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ...... Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question fa......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s follows: In Civil Revision No.383 of 1985 a simple question falls for determination is whether written statement can be filed after the suit, on appeal from a preliminary decree, remitted to the trial Court for a limited purpose for allotting saham to the defendants who were not given saham by ..Category: Property Law | Date: | Hits: 79
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......ional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (one) year and to pay a fine of Tk. 3000.00, in default to suffer imprisonment for a further p......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......bmitted charge sheet against the appellant. The learned Senior Special Judge, Faridpur took cognizance of the case and ultimately transferred the case to the Court of the Divisional Special Judge for trial. Before that Court a charge under section 161 of the Penal Code read with section 5(2) of Act ..Category: Criminal Law | Date: | Hits: 90
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....id articles got down from the trawler. Shahid Bepari ordered to finish all the inmates of the house of Mafiz Bepari as well as P.W.1 and on such order the convict petitioner gave a hologa blow on the right chest wall of the deceased causing bleeding injury. The petitioner dragged the deceased from h...... Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. For the Respondent-None represented. Criminal Petition for Leave to Appeal No.96 of 2009. (From the judgment and order dated the 13th day of January, 20......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......vict petitioner against the judgment and order dated 13th day of January, 2009 passed by the High Court Division in Criminal Appeal No.416 of 2005. 2. The petitioner along with others was put on trial before the Additional Sessions Judge, Court No.3, Kishoregonj in Sessions Case No.23 of 2001an..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......smissed. Lawyers Involved: Munsurul Hoque Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.11 of 2011. (From the judgment and order dated 25th May, 2000 passed by th...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......ter to I.D. Hospital, Dhaka where he died on 6.1.1997 due to tetanus. Hence, the informant lodged the First Information Report (F.I.R.) on 7.1.1997. 3. After investigation, the accused were put on trial to face charges brought against them under Sections 304/114/34 of the Penal Code. The accused ..Category: Criminal Law | Date: | Hits: 52
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