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Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....doubt and, as such, the order of conviction and sentence is not sustainable in law. 9. As against this, the learned Assistant Attorney‑General, Mrs. Snigdha Huq, submits that the trial Court has rightly found the accused-appellant guilty for the offence charged after considering the evidence ......)90 corresponding to Iswarganj PS Case No. 2(9)90 under sections 302/201/34 of the Penal Code convicting the accused‑appellant under section 302 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of taka five thousand, in default to suffer rigorous imprisonment for six...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ainst the accused appellant and three other co-accuseds under section 302/201/34 of Penal Code, since prima facie case, was made out against them. 4. The case record ultimately came to the present trial Court who on the basis of materials as available on record framed charge against the accused..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......82 of 1995 should not be set aside. 2. Facts necessary to dispose of this revision in brief, is that on 6‑10‑1995 Head Mistress of Satkhira Government Girls' High Court School lodged a first information report at the Satkhira Police Station that at 2‑30 PM a theft was committed in her offic......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......1 and 381 of the Penal Code. The learned Magistrate after hearing framed charge under section 461 and 381 of the Penal Code. The petitioner denied the charge and claimed to be tried. Accordingly, the trial was held and the learned trial Court found the petitioner guilty under section 461 and 381 of ..Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....akir fell down on the ground. Fazal again gave a blow with the knife at the thigh of Razzak Fakir. Mansur Fakir also stabbed Pannu Fakir twice with a knife brought out from his waist, at the left and right side of his abdomen. Razzak Fakir succumbed to his injuries and Pannu Fakir was wounded. He fu......er dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of 1991, which convicted the appellants under sections 302/149 and sentenced each of them to imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for a further p......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......currence took place. 4. After investigation the police submitted a charge-sheet against 6(six) accused persons including the appellants under the aforesaid sections of the Penal Code. 5. In the trial, all six accused persons were charged under sections 148 and 302/149 and 114 of the Penal Code..Category: Criminal Law | Date: | Hits: 60
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....defendant. Although such a plea was not taken in the lower Court and the only plea taken there was that the cause of action of the suit arose within the jurisdiction of the 6th Court. Mr. Hussain has rightly not adverted to that ground and has argued that the plaint is liable to be rejected as in or......Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moharaja Sashi Kanta Acharjee, 7 DLR 473; Ramkis...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......ause notice issued upon the defendants by the learned Judge. The temporary injunction matter was heard on 24.2.1993. The learned Assistant Judge found that the plaintiff had prima facie case to go to trial but that there was no possibility of his suffering any irreparable injury if the injunction wa..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....o reason on their part for not taking any further step before the Court below after rejection of their petition for time on 12.6.67 and before passing of the impugned judgment on 30.6.67. Court below rightly found such plea was an after thought in order to delay die final disposal of the partition s......nt and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acre......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ...... defendant No.15 Siddique and sons and daughter to inherit the same. All the ejmali properties of Kalim and Alim, at Matkabari in Chandpur have now been brought into hotchpotch. 8. At the original trial the plaintiffs examined plaintiff No.1, Harez Ali as P.W.1 and plaintiff No.3 Zamu Palan as P...Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....e judgment and decree passed in Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussions in ......irst Appeal is directed against the judgment and decree passed in Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go...... Government leased out the same to the different lessees who paid rent to the Government from 1969, Mr. Shahidul Alam Chowdhury, the learned Advocate appearing for the defendant respondent No.2, very fairly submits that the defendant‑respondent cannot challenge the right and title of the suit prop......efendants, namely, the Government and the Vested Property Authority lost the case and the decree obtained by the plaintiff in the Title Suit was maintained. This matter has also been discussed by the trial Court in this suit and the trial Court found that it was not required for it to consider the q..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....ed "the non-obstante clause must be given its due importance". 21. The object of the Ordinance is to empower the acquiring authority to acquire land only for a public purpose affecting proprietary right of citizens. Article 42(1) of the Constitution states “subject to any restrictions imposed b......n providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of money at Gazipur, for the purpose of establishment of it's building complex and the writ respondent no.2, the Deputy C...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......he Code of Civil Procedure for extension of time where the time limit has been fixed by any order of the Court to perform certain act by the party. It is argued in the present case, the decree of the trial Court used the words that in the event that default the suit "will be dismissed". These are no..Category: Property Law | Date: | Hits: 93
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......D (AD) 185. Lawyers Involved: Mahbubay Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No.72 of 2006. (From the judgment and order dated the 20th October, 2003 pass......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......e learned Sessions Judge observed in his judgment that the falsity of allegations cannot be adjudged at the time of framing charge and he has further observed that it will be decided at the time of trial. It is true thai falsity of allegations cannot be adjudged at the time of framing charge and t..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......of Corruption Act, 1947 passed by the Court of Divisional Special Judge, Chittagong dated 26-09-1999 in Special Case No.52 of 1994. 2. The appellant was sentenced to suffer rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payment, to su......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ...... alia, that there appears to be an error in the judgment of this court on the face of the record inasmuch as the finding of this Division in the impugned judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......ers, 6 BLT (HCD) 51. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1871 of 2008. (From the judgment and order dated 18.08.2008 passed by the ......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......t contain the description of the property sufficient to identify the suit land and declaration of title cannot be passed in respect of vague and unspecified land. Apart from this material find, the trial Court found that the plaintiff could not prove his title and possession in the suit land. The ..Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......or Advocate instructed by Serajur Rahman, Advocate-on-Record- For the Petitioners. Osman Gani, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1673 of 2006. (From the judgment and order dated 06.11.2006 passed by the ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ieved the petitioners then filed Miscellaneous (Rent Control) Appeal No.08 of 1996 and the appellate court by its judgment and order dated 13.09.1997 rejected the said appeal and affirmed that of the trial court. 5. As against the judgment of the appeal late court the petitioner moved the High Co..Category: Property Law | Date: | Hits: 58
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......e-on-Record- For the petitioner. Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the H......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......am read out certain orders though not annexed with the revisional application which show that on a particular date the defendant No.1 was present in court with five witnesses but on the said date the trial court was busy in deciding an election matter and postponed the hearing of the suit to a next ..Category: Property Law | Date: | Hits: 54
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ...... defendant Nos.1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties the survey......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......rue statement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court decreed the suit for eviction of defendant Nos.1 and 2 from the suit property and for kh..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....have already considered sections 5, 6, 7 and 8 of the (Artha Rin) Adalat Act. Order 41, rule 22 CPC has been enacted in the procedural law. Order 41 rule 22 has given the respondent in the appeal the right to prefer a cross‑objection. We are dealing with a special law creating a special forum for ...... খরচার বলপে ২০০২০০.০০ টাকা বাদীকে আদায় দেন”। 3. It appears that defendant No.5 Abul Kalam Azad presented a Memo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......n‑opposition for rejecting the Memorandum of Cross‑objection filed by Md. Zahirul Islam defendant No.9. 7. Since all these matters have arisen out of the same judgment and decree passed by the trial Court they are taken up together for disposal. The questions involved are (1) whether a Cross..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....res of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the principles of natural justice or where the fundamental right of a citizen has been affected by an act, or where the statute is intra vires but the action t......structed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Ahsanul Karim, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondents No. 1. Civil Petition for Leave to Appeal No. 427 of 2009. (From the Judgment and Order dated 18.05.2008 passed by the ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......t recommending for prosecution of the writ petitioner, Harun-or-Rashid and one Mustak Ahmed. 4. The case record was ultimately transmitted to the learned Senior Metropolitan Special Judge for trial and the learned Special Judge, 4th Court, Dhaka to whom the Case was transferred for trial, fr..Category: Anti-Corruption Laws | Date: | Hits: 214
....atement stating that the suit as framed and filed is not maintainable and is barred for non joinder of parties and there is no cause of action in favour of the plaintiffs and the plaintiffs have no right or locus standi to file and maintain the present suit. The defendants further stated in the wr......et aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The present opposite parties as plaintiff filed a Money suit against the present petitioners for a decree of Taka 1,53,725.69.
3. The case of the plaintiff in short is that they imported 999......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......as carried out according to which quantity of 1007.278 metric tons of tallow in bulk was ascertained on board the vessel and the question of any short delivery from the vessel cannot arise.
5. The trial Court decreed the suit.
6. Being aggrieved thereby, the defendants preferred appeal befor..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......t June 22, 1979. Result: The petition is dismissed. Lawyers Involved: Mohammad A. Aziz, Advocate-on-Record-For the Petitioners. Not represented-For the Respondent. Civil Petition for Special Leave to Appeal No.163 of 1979. Judgment Ruhul Islam J. - This petition for specia......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......ed that they came to know about the sale for the first time on August 20, 1970. The application was resisted by the pre-emptees (purchasers) on the ground of limitation and maintainability. 3. The trial court allowed pre-emption but the lower appellate court dismissed it on the findings that the ..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......orresponding to G.R. No.158 of 1987 convicting the appellant under Section 19 A of the Arms Act read with Section 26 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment for one yea......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......es and defence examined none in this case. 5. The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant ..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
.... the victim from there on point of fire arms and then accused Bara Shahadat inflicted a Chinese axe blow on the left side of the head of the victim, the respondent No.1 inflicted a dagger blow in the right jaw of the victim and the respondent No.2 gave a dagger blow on the right side of the bally of......olved: S.M. Abdul Mabin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......cence and false implication out of enmity and grudge. During the prosecution examined 25 witnesses including the I.O. and the defence examined none. The learned Session Judge, after conclusion of the trial, convicted the respondents and other accuseds under section 302/34 of the Penal Code and sente..Category: Criminal Law | Date: | Hits: 56
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......Record- For the Petitioner. Mahbubey Alam Senior Advocate, Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent No.1. None represented-For the Respondent Nos. 2-39. Civil Petition for Leave to Appeal No. 940 of 2008. Judgment Mohammad Fazlul Karim J. - This petition for Lea...... report to pave the way for fresh commission for equitable partition of adjudged Hindu Joint Family properties by metes and bounds considering almost all aspects of raised objection as to question of fair and equitable partition and such finding of the trial Court do not suffer from any misreading a...... 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the petitioner submitted that the High Court Division fell into an error of law in making the Rule absolute ignoring the fact that the trial Court considering all the relevant facts and materials rejected the Commissioner's report to p..Category: Property Law | Date: | Hits: 93
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