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Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... the case submits that the circumstantial evidence in the case are strong enough to hold that the convict appellants and no other persons are the killers of Masharuddin and, therefore, they have been rightly convicted and sentenced thereunder by the trial Court. 9. The death of Masharuddin is not......riminal Appeal No.760 of 1991 (Dhaka) Judgment Habibur Rahman Khan J. - This is a reference under section 374 of the Code of Criminal Procedure by Mr. Md. Amirul Islam, Sessions Judge, Dinajpur for confirmation of the sentence of death of condemned prisoners 1. Taslimuddin alias Tasir, 2. Md. ......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... the appellants and several others. 3. The police after investigation submitted charge sheet under sections 302/201/34 of the Penal Code. The condemned prisoners along with 3 others were placed on trial having been charged under sections 302134 and 201/34 and 120B of the Penal Code to which they ..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....rred to the said application in original, as on record. It is his submission that in the instant case, the provision of Order 12, rule 6 of the Code of Civil Procedure is applicable and the Court has rightly passed the order causing no error or illegality or causing any injustice because the plainti...... in his pleading in suit. 2. Facts leading to this, in short, is that, MM Aziz as plaintiff filed a suit being Money Suit No.32 of 1990 in the court of the Subordinate Judge, 2nd Court, Chittagonj for realisation of Tk.11,44,254.00 against defendant‑petitioner namely M/s. A Elahee & Co repr......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......s either on the pleadings or "otherwise‑ in rule 6 enable us not only to Fee the admission made in pleadings or under rules 1 to 4 of the same Order but also admissions made else‑where during the trial. We are, therefore, entitled to see the appellants reply dated 10th March, 1959 to the applica..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....i the father of the plaintiff and Mongal Miah, the paternal uncle of the plaintiff; that Mondal Miah had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some of the suit l......rt facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. T......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......een duly recorded in the name of government as khas khatian No.1. The defendants as such have prayed for dismissal of the suit. 5. The plaintiff and defendants adduced witnesses before the learned trial Court and all the witnesses were cross-examined by the parties. 6. The trial Court on consi..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
....y cause list for a long time. 8. The learned Assistant Attorney General appearing for the opposite party opposes the Rule and submits that after considering the materials on record the Court below rightly framed charge against the petitioners which calls for no interference by this Court. 9. I......fly as Act) in Special Tribunal Case No. 8 of 1993 pending in the Special Tribunal No. 2 Gazipur. 2. Short facts leading to this Rule are that on 4-7-1992 at 10-45 hours SI Md. Belial Hossain as informant lodged a first information report with Kaligonj police station against one Ratan Das and oth...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......ne being No.70 dated 30-9-1992 under sections 147,148,149,448, 323, 427 of the Penal Code and another being No.71 dated 30-9-1992 under sections 3, 4 of the Act. 5. The instant case is pending for trial before the Special Tribunal No.2 Gazipur, wherein on 10-7-1993, charge under sections 3, 4 of ..Category: Criminal Law | Date: | Hits: 71
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......969 predecessor of the opposite party Nos. 1-10 as plaintiff instituted, Other Suit No. 248 in the Court of the then Munsif, Second Court, Bogra against the predecessor of the petitioners and the pro forma opposite parties for partition. 3. The predecessor of the petitioners and two other persons......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......before the learned District Judge, Bogra and the appeal was heard by the learned Additional District Judge, who by the judgment and decree, allowed the appeal, and sent back the suit on remand to the trial Court. 5. After remand the trial Court, by the judgment and decree dated 28-10-1995 and 2-1..Category: Property Law | Date: | Hits: 72
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....sed-petitioner did not give any explanation as to his knowledge about these concealed arms and ammunitions or as to how these arms and ammunitions came there. In the circumstances, the Courts below rightly held that these arms and ammunitions were recovered from the possession of this accused-peti......ust 14, 2011. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the H......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......stigated that case and after completion of investigation submitted charge sheet against the accused-petitioner Md. Nasir Uddin under Section 19A and 19(f) of the Arms Act. The case became ready for trial and it was ultimately transmitted to the Special Tribunal No.7, Narayangonj for trial. The c..Category: Criminal Law | Date: | Hits: 64
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......p;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......disposal, namely, by way of production of formal evidence through witness, or under section 6(4) i.e. without examination of witnesses.
47. But if the defendant is also absent, it would be unfair to consider only the case of the absentee plaintiff and not of the absentee defendant. In our v......de in that judgment:
“We have examined section 13 of Artha Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only when the defendants admit the claim of the plaintiff financial institution. When the borr..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....eral submits that the reference may be accepted as the prosecution successfully has proved it’s case beyond all reasonable doubt. The extra judicial and judicial confession of accused-Ashraf Ali is rightly found true and voluntarily by the trial Court and P.W.17 Md. Nazmul Haque, the Magistrate, w......Jail Appeal No.770 of 2005. Judgment M. Enayetur Rahim J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused Ashraf Ali son of late Abesh Ali, Ataur R...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......ainst nine persons but 4 (four) accused persons of them have filed two separate Criminal Revision before this Court and obtained rule and order of stay and eventually the present convicts were put on trial before the learned Judge, Druta Bichar Tribunal, Rajshahi and the learned Judge of the Tribuna..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... Comilla on 11.10.92 in Special Tribunal Case No.109 of 1991 convicting the accused appellants under section 25B(2) of the Special Powers Act, 1974 and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5,000.00 each, in default to suffer n0rois imprisonment for 2......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......FIR Ext. 1 with the Kotwali Police Station. 3. The police after investigation, submitted charge sheet against the accused appellants under section 25B of the Special Powers Act, 1974. 4. During trial charge was framed against the accused appellants and 2 others, since acquitted, under section ..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....oresaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 for declaration of title in the suit land and also for a declaration that the defendants have got no right, title and interest in the suit land. 3. The defendant Nos. 2 and 3 by filing joint written......j in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 ......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......of Civil Procedure for striking out the written statement filed by the contesting defendants on the allegation that the defendants did not supply the interrogatories as prayed earlier and the learned trial Court rejected the application. As against that the plaintiff‑petitioner preferred Miscellan..Category: Procedural Law | Date: | Hits: 68
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... application for transposition was also not maintainable. He finally submits that if the defendant No.4 is found to be aggrieved by the impugned deed he can file a fresh suit. The learned Trial Court rightly rejected the application for transposition. 8. We have heard the learned Advocates for bo......ow cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No. 5 of 2007, should not be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......g for transposition of his name in the category of the plaintiff. On the other hand on 2.6.2008 the defendant Nos.1, 2, 6 and 7 filed an application for noting the order of abatement of the suit. The trial court rejected the defendant No.4 petitioner’s application and allowed the prayer for noting..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....ly in not holding that the pre-emption was barred by limitation. 15. Another bone of contention raised in this Revision centers round the finding of the Court of appeal below as to whether it has rightly arrived at a finding that the suit was not bad for defect of party. Admittedly, during the p......e party as pre-emptor-applicant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ...... 5. On appeal, Miscellaneous Appeal No.6 of 2007, the learned Joint District Judge, Manikganj by the impugned judgment and order dated 3.02.2010 dismissed the appeal and affirmed the decision of the trial Court below. 6. Being aggrieved by the aforesaid judgment and order the present opposite pa..Category: Property Law | Date: | Hits: 62
....uch assurance by the High Court disposed of the writ cases.
3. Mr. Khademul Islam Chowdhury contends that as under the order of the High Court dated March 11, 1982 made in the said writ petition a right has accrued to the petitioners on the assurance given by the learned AAG this Court should dec...... Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without la......ep to transfer the land under requisition to some other persons and they were threatened with eviction forcibly from the land on 28.11.80. The petitioners moved the Government for payment of just and fair compensation and for allotment of the alternative plots in vain. Thereafter, they moved the Hig......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....is that the suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint originally belonged to Fazal Kabir Khan, who possessed the same in khas. While being the rightful owner-in-possession, Fazal Kabir Khan settled 14 drones of the land with Md. Putan by a reg......The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ......-(M-2), is admissible under section 13 of the Evidence Act only to show that there was previously instituted another suit in respect of the same properties and nothing more. 17. In this state of affairs, no exception can be taken to the impugned judgment of the High Court Division when it did not......lowing a saham for 37.06 acres of the land to the plaintiffs and for 39.70 acres of land to defendant Nos.3, 1-8, 20 and 30. 6. Being aggrieved by and dissatisfied with judgment and decree of the trial Court, the defendant preferred First Appeal No.55 of 1980 before the High Court Division and t..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... consider the following points: “I. Whether the High Court Division failed to consider that section 193(6) of the Act explicitly puts a burden on the Registrar to afford the Company concerned a right to be heard if the affairs of the Company are not being managed in accordance with the provisi......7 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007......nts: “I. Whether the High Court Division failed to consider that section 193(6) of the Act explicitly puts a burden on the Registrar to afford the Company concerned a right to be heard if the affairs of the Company are not being managed in accordance with the provisions of Companies Act, 1994 ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....its that after proper investigation, investigating officer submitted charge sheet against the appellants and the learned Special Judge, Court No.2, Dhaka. On consideration of the evidence on record rightly and legally convicted the appellants. He further submits that in the case of Mohiuddin Kha......the accused appellant No.1, Barrister Nazmul Huda under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7(seven) years with a fine of Tk. 2,50,00,000/-in default to suffer rigorous imprisonment for 1(......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......d the defence examined witnesses including the appellant Nos.1 and 2 to establish that the above mentioned case is false and fabricated one and the proceedings were totally out of jurisdiction. The trial was held under the Emergency Ordinance, 2007 which has happened while the Emergency is in forc..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....maat‑e‑Islami, Bangladesh in contravention of Article 38 of the Constitution of the People's Republic of Bangladesh, to which the petitioner gave a reply on 24.3.92 (Annexure K‑1) asserting his right as a citizen of Bangladesh and denying the allegations made in the show cause notice and also ...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th...... 1973 where he came to learn from a news item published in the Bangladesh Observer to the effect that he along with 38 others were declared by a notification dated 18.4.73 of the Department of Home Affairs of Bangladesh to be disqualified to become citizen of Bangladesh. 3. It is also stated in t......isturbances in the then East Pakistan in the year 1964 they temporarily took shelter in India but came back to Pakistan to their village home within a short time when the condition became normal. The trial Magistrate found them guilty of offence under section 14 of the Foreigners Act and on appeal t..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....edure to any proceeding before the Tribunal as postulated by section 23 of the Act of 1973, the instant petition under section 561A of the Code is incompetent and as such, it should be rejected outright. 14. Mr. MK Rahman, the learned Additional Attorney-General appearing on behalf of the St......eral—For the Opposite Party. Criminal Miscellaneous Case No. 34345 of 2010. Judgment Moyeenul Islam Chowdhury J. - This is a petitioner under section 561A of the Code of Criminal Procedure for quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Internat...... Act of 1973, the right of appeal against any order of conviction or acquittal passed by the Tribunal lies with the Appellate Division of the Supreme Court of Bangladesh and this being the state of affairs, it cannot be said that the Tribunal is subordinate or inferior to the High Court Division and......r may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this power may be exercise to quash a proceeding or even a conviction on conclusion of a trial if the Court concerned had no jurisdiction to hold the said trial or the facts alleged again..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....l established Constitutional Convention to appoint the senior-most Judge of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every citizen to have access to impartial and independent Court's Tribunals and the exercis......rned Advocates of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judiciary from other organs of the State. They are concerned abou......hrough Raeesul Mujahideen Habib-ul-Wahabb-ul-Khairi Vs. Federation of Pakistan and others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the P......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....ove the left shoulder joint. 3) One sharp cut injury 2” x ½” x 2” in front of the left shoulder joint, below the injury No.2. 4) One sharp stab injury 1” x 2” x ½” in front of the right shoulder joint. 15. In the opinion of the post‑mortem doctor the death of Khasru Miah was......riminal Revision No.1252(R) of 1992. Judgment Md. Badruzzaman J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Narayanganj, for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conv...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......plementary charge‑sheet on 4.4.89 against accused Ansar Ali and Dalil for the said offence. 6. The absconding accused Sanwar Hossain and other 8 charge‑sheeted accused persons were placed on trial before the Additional Sessions Judge, Narayanganj, who framed charge against them for the offe..Category: Criminal Law | Date: | Hits: 91
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