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Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......nt December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by t......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......sheet against the accused, Md. Nazir Ahmed and his wife Mrs. Tahmina Akhter under sections 406/420/109 of the Penal Code and the case record was sent to the Special Metropolitan Magistrate, Dhaka for trial. The Metropolitan Magistrate, Dhaka framed charge against the accused Md. Nazir Ahmed and his ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....uvering of MV Hios and its master and crews or did it occur because MV Zahirabad improperly anchored the vessel in a prohibited area of Chittagong Port as per Port Regulation. 4. Did the plaintiff rightly settle the claim of the owner of MV Zahirabad? 5. To what relief the plaintiff is entitle......s. 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and withou...... 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and without gi......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......nate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......r Rahman J.- By this Rule the petitioner impugns a judgment and decree passed by the Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They claim to have purchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plaintiff had no reason to file the ......ndatory injunction arose and the subject matter of the present appeal. 3. The order of the learned court below granting mandatory injunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They cla......opriate case, in exercise of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. This principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an inter......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....AIR 1949 (Lahore) 131 (155) Munir, CJ delivering, judgment of the Full Bench observed: "There can be no disobedience of a void order, as such order in the sense of an order determining the parties rights or liabilities, does not exist in law and unless the order is binding on a party, he is at li......minic Ltd. Vs. The Foreign Compensation and another, (1969) 1 All ER 208; Armah Vs. Government of Ghana, (1966) 3, All ER 177(178); F Hoffmann‑La Roch & Co. AG and others Vs. Secretary of State for Trade and Industry, (1974) 2 All ER 1128 (1148); Ridge Vs. Baldwin, (1963) 2 All ER 66; Wick Vs.......ad Hossain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 2......al thereafter by the order dated 20.4.91 transferred the case to the Special Tribunal No.3‑Cum Additional Sessions Judge, 2nd Court. On receipt of the case the Special Tribunal No.3 decided to hold trial of the accused petitioner in his absence and accordingly on 7.5.91 framed the following charge..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....ahman, (2) Rabiul Islam and(3) Maznu and made through search of their body and recovered one pipe-gun from waist of accused petitioner Mustafizur Rahman and one piece of cartridge of the gun from the right pocket of the pant of Mustafizur Rahman and one Krichi from Rabiul and two rounds of gun cartr......ising out of Daulatpur P.S. Case No.24 dated 24.11.2003 corresponding to G.R. Case No.237 of 2003 under section 19A of the Arms Act convicting the petitioner and sentencing him to suffer imprisonment for life should not be quashed. 2. Prosecution case in short is that A.S.I. Shahabuddin along wit......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... sheet on 28.11.2003 against the accused petitioner and 2 others under section 19A of the Arms Act. 4. Thereafter the case was transmitted to the court of Special Tribunal, Court No.1, Kushtia for trial and renumbered as Special Tribunal Case No.06 of 2004 wherein a charge was so framed against t..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......out of Mirjapur P.S. Case No.02 dated 10.02.2006 under section 4(Kha) and 6 of the Explosive Substance Act, convicting the petitioners and 3 others and sentencing them to suffer rigorous imprisonment for a period of 8 years and to pay a fine of Tk. 5,000/-, in default to suffer rigorous imprisonment......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......n 21.04.2006 under section 4(Kha) and 6 of the Explosive Substance Act against the petitioners and others. 4. Thereafter the case was transmitted to the Court of Special Tribunal No.3, Tangail for trial and renumbered as Special Tribunal Case No.16 of 2006 wherein a charge was so framed under sec..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......rresponding to G.R. Case No. 47 of 1994 under section 9 of the Cruelty Woman (Deterrent Punishment) Ordinance,1983 convicting the accused petitioner and sentencing him to suffer rigorous imprisonment for 10 years with fine of Tk.1,000/- each, in default to suffer rigorous imprisonment for 3(three) m....../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......t) Ordinance, 1983 against the accused petitioner and his sons. 4. Thereafter the case was transmitted to the court of Special Tribunal No.3 and Additional Sessions Judge Court No.2, Jhenaidah for trial and renumbered as Special Tribunal Case No.14 of 1995 wherein a charge was so framed in absent..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......dated 06.11.2006 corresponding to G.R. Case No. 109 of 2006 under section 25(ka) of the Special Powers Act, 1974 convicting the accused petitioners and sentencing them to suffer rigorous imprisonment for 7 years with fine of Tk.1,000/- each, in default to suffer rigorous imprisonment for 3(three) mo......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......n 28.01.2007 under section 25 (Ka) of the Special Powers Act against the accused petitioners and another. 4. Thereafter the case was transmitted to the court of Special Tribunal No.4, Chandpur for trial and renumbered as Special Tribunal Case No.13 of 2007 wherein charge was so framed against the..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... that he pulled him down from the Mishuk and hit with the rod and hockey-stick on his body, this dying declaration should not be disbelieved and the learned Judge believing this dying declaration has rightly convicted the appellant and awarded the sentence to him. In this regard the leaned D.A.G ref......assed by the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case No.251 of 1993 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further pe...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ...... examined under section 342 of the Code of Criminal Procedure. During this examination he again expressed his innocence and refused to examine any witness in his favour. 7. After conclusion of the trial the learned Additional Sessions Judge by the impugned judgment and order convicted the appella..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......7 of 2001 arising out Mollahar Hat P.S. Case No.08 dated 24.9.2001 under section 120(ka)/302/324/326/307/34 of the Penal Code read with section 3/4/5(ka) of the Explosive Substance Act, now pending before the Court of Chief Judicial Magistrate, Begerhat. 2. Prosecution case in short, inter alia, ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......en after laps of time for more than a year, the CID could not complete the investigation, accordingly the petitioners, who have been arrested on suspicious and are languishing in jail custody without trial, the petitioners are entitled to get benefit of section 167(5) of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 80
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....li Hossain received the receipt from the labourers for re-excavation of the tank. That Ali Hossain was literate person and acted as "Karjakark" on behalf of all family members. That in R.S. record of rights the tank was recorded in the names of Abdul Razzak and others- sons of Abdul Aziz, and Faruk ......-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not represented-Respondent Nos. 20-75. Civil Petition for Leave to Appeal No. 491 of 2009. (From the judgment and order dated 15.12.2008 passed by the ......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......sion in the suit tank and as such the suit filed by them is liable to be dismissed. 4. Both the parties adduced evidence, both oral and documentary, in support of their respective cases before the trial court. On consideration of those evidence the trial court found that the plaintiffs proved the..Category: Property Law | Date: | Hits: 77
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....was no enmity between the officers who apprehended the accused-appellants and the appellants themselves; that there is no reason to disbelieve the prosecution case; that the accused appellants were rightly convicted by the trial Court. The learned Advocate-on-Record further submitted that there is......d found the appellant Ashraful Islam and one Shahidul Islam in possession of 700 grams of heroine in a rexene bag and on query they told that the owner of the heroine was one Atiar Rahman and that aforesaid P.W.1 then prepared a seizure list and took them to custody and the case was started agains......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......uch view, the impugned conviction and sentence cannot stand in the eye of law." 5. Mr. Khandaker Mahbub Hossain, learned Counsel, appearing for the appellant has strenuously submitted that the trial Court and the High Court Division also failed to consider that unless the quantity of heroine ..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....roda Sundari Daishaya purchased a portion of C.S. Plot No.40 of C.S. Khatian No. 237 from Radha Ballav Shaha by a registered kabala dated 04/03/1932 and thus she remained in possession thereof as the rightful owner. Khiroda sold the entire suit property to Salimunnesa by a registered kabala dated ......ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for rev...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......l No.50 of 1966 before the District Judge, Dhaka, which on transfer was headed by a Subordinate Judge, who dismissed the said appeal by his judgment and decree dated 19.07.1966 affirming those of the trial Court. Doctor Manjurul Haque and his wife filed Second Appeal No. 1095 of 1966 before the then..Category: Property Law | Date: | Hits: 72
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....the said Gulapjan Bibi is their phupu (aunt) and the property in question is an ejmali property belonging to their phupu, Golapjan Bibi and their father. The defendant petitioners purchased the Forij right of their phupu's and thus acquired/10/annas interest on the suit land. Gulapjan Bibi executed ......……………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 199......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......d fractional shares in each plot which are all held in ejmali possession and has since then threatened to disposses the defendant petitioners under the cover of the Court’s order. 4. The learned trial Court granted the temporary injunction by its judgment and order dated 24.4.85 which was subse..Category: Property Law | Date: | Hits: 101
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....ding and still is on the run and in fact before this Court also he had to be represented by a state lawyer at the expenses of the state in his absence. The fact remains that Nurul Hoque is absconding right from the very day or from the very night after his wife was murdered in his hut. It is in the ......ce Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the ho......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......cie case submitted the charge sheet against the accused under sections 302/201/109 of the Penal Code, giving a final report in the UD case. The condemned prisoner Nurul Haque was ultimately placed on trial to answer a charge punishable under sections 302/34 of the Penal Code along with section 201 o..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......s application under Article 102 of the Constitution the petitioner Chand Miah Talukder challenges the order dated 11.2.88 passed by the Court of Settlement in Case No.1006 of 1987 dismissing the case for default on the ground of non‑appearance of the petitioner at the time of hearing of the case. ......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......he impugned order passed by the Court of Settlement must be held to be without lawful authority and to be of no legal effect and consequently the case must be sent back to the Court of Settlement for trial. In the result, the Rule is made absolute without any order as to costs. It is declared tha..Category: Procedural Law | Date: | Hits: 59
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....estion was passed. 8. We have already noticed that the decree passed in Title Suit No.179 of 1965 on the basis of a petition of compromise in which the defendant No.4 of that suit relinquished his right, title and interest in favour of the plaintiffs of that suit in respect of 1.04 acres of the s......e Subordinate Judge against the plaintiff and others. Plaintiff appeared in that suit and filed a written statement but ultimately the suit was compromised out of Court between the plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......gally in passing the decree on the basis of the same. He further submitted that the Court of appeal below acted illegally in holding that the suit was maintainable and in reversing the finding of the trial Court in that respect. It is admitted position that the suit land measuring 0.60 acre was n..Category: Property Law | Date: | Hits: 88
....equate opportunity of being heard. It is emphatically stated that the charges so leveled against the petitioners were established and as such the actions taken against them have been done legally and rightly.
4. In Writ Petition No.1560 of 1991 filed by one Kabita Rani Hajra, her case is that she......oth the Rules, in short, is that they were served with notices dated 20.10.1990 directing them to submit written statement by way of show cause in their respective own handwriting to respondent No. 2 for the alleged offences of depositing answer script papers written from outside the examination hal......ination Committee. In the said letter it was stated that an Inquiry Committee had been formed by the University Syndicate to inquire into some allegations received with regard to irregularities and unfair means adopted in the degree honours examination of 1997 which was held in 1989 in the Jagannath...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......r. Abdul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.1181 of 1980. Judgment Habibur Rahman Khan J.- This is an application under section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by th......he notice was fraudulently suppressed and there was also misrepresentation of facts before the High Court Division. The petitioner further submits that he had a good ground in the revision case and a fair chance of success in the same. 4. Mr. Abdul Huq the learned Counsel appearing for the Petiti......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
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