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Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....s there from that in view of the above background and history of the case learned Court below should have exercised his discretion judicially under the provision of the section containing, unless for some reason he thinks proper to adjourn the hearing of the case to some other day and could have adj....... The section makes no difference between govt. servant and ordinary complainant in respect of personal appearance, order of acquittal was correct. 30. But learned Advocate for the respondent when called upon by the Court to make his submission with regard to the decision reported in AIR 1953 Cal......Appeal No. 32 of 1989 which was heard and allowed by Additional Sessions Judge, Noakhali vide judgment dated 16-1‑1994 setting aside the earlier order of conviction and sent the case record for retrial with direction to amend the charge by adding section 109 PC with section 467 PC and for furthe......004) 614...Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....owdhury J Md. Rezaul Hasan J Abdus Sattar alias Taku Sattar...............Petitioner Vs. State……………Opposite party Judgment April 19, 2010. Result: The Rule is made absolute. Case Referred to- 50 DLR 356. Lawyers Involved: Nusrat Jahan, Advocate - For the......d Judgment and order has been passed and, as such, this is not a case of no evidence, hence interference by this honorable Court under section 561A of the Code of Criminal Procedure (the Code) is not called for. 11. The points for determination in this case is whether the impugned Judgment and or......ase and having found a prima facie case submitted charge sheet No.403 dated 1-10-2003 under section 19A of the Arms Act, 1878 against the convict petitioner. 4. Thereafter the case being ready for trial the same was transferred to the Court of Special Tribunal No.1, Dinajpur, for trial, wherein i......he convict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribu..Category: Criminal Law | Date: | Hits: 65
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
.... statement denying the material allegations of the plaint contending, inter alia, that the plaintiff could not manage the total consideration money in spite of his (defendant No.1’s) reminder. He also approached the plaintiff for the balance consideration money through the local people, but he exp......land. 12. On the other hand, Mr. M. Shamsul Haque, learned Advocate for plaintiff-opposite party No.1 submits that the sale agreement being a registered one, cannot be novated or altered by the so called shalish or by any conduct of the plaintiff. It can only be novated or altered by way of anoth......als) during pendency of the suit and was added as defendant No.4. After so addition, he (added defendant) filed a written statement, but did not contest the suit. 5. On the aforesaid pleadings the trial Court framed issues, namely, whether the suit was maintainable in its present form; whether th......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....ase No.123 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment fo...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ge sheet on 27.7.1996 against the appellant and twenty others under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 199...... General-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....ent and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant under sections 302/34 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand in default to suffer imprisonment for one year mo......at the informant Md. Arshed Ali Mondal lodged an ejahar with Chuadanga Police Station on 9.1.1984 against the appellant alleging, inter alia, that his cousin Badar Uddin Kha alias Budhai (hereinafter called as ‘Budhai’) along with him (informant) went to Bowdanga cattle market to purchase a cow ......ation the police arrested the appellant and he made statement under section 164 of the Code of Criminal Procedure before the Magistrate of first class, Jhenaidah. 4. The case after being ready for trial, was sent to the Sessions Judge, Jhenaidah, wherein it was registered as Session Case No.15 of......orney General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellan..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....under section 145 of the Code, attached 116 decimals of land appertaining to Plot No.1181 (described in the 2nd schedule) and appointed the Thana Revenue Officer, Bahubal as a receiver thereon. After so attachment the petitioner filed an application for amendment shifting his claim of possession fro......e with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the judgments of the Courts below. The record was not called for at the time of issuance of the Rule, therefore we are not in a position to examine the ev......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th..Category: Property Law | Date: | Hits: 53
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....itself was instituted under section 20 of the Arbitration Act for filing an arbitration agreement in Court since a dispute arose between the parties about the subject-matter of the suit which was also covered by the Arbitration Clause of a Contract between the parties. The trial court stayed the p...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......arbitration agreement in Court since a dispute arose between the parties about the subject-matter of the suit which was also covered by the Arbitration Clause of a Contract between the parties. The trial court stayed the proceedings, but in revision the learned Single Judge held that the provisi......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....d in schedule ‘Ka’. The suit land has been described in schedule ‘Kha’ to the plaint, C.S. Khatian No. 528 is directly under C.S. Khatian No. 527 which records the tenure right of the predecessor of the plaintiff. Keramatullah Talukder, father of the plaintiff settled the disputed land with ......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......s father in respect of .43 acres of land purchased by him as a rent sale and suit was filed for declaration of his title and partition of the same plaintiff’s father got a decree in that suit. The trial Court in consideration of the evidence led by the parties and referring to the recitals in the...... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....me Court Appellate Division (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of ......ring sound of shots from a firearm, saw one person lying on the road and another wearing a helmet shooting him. At that time a car was approaching from the Hatirpul direction, when the healthy person called out to one Chapol to hurry up. A motorcycle was standing to the east of his (witness’s) sho......ions 302/34 of the Penal Code and sentenced to death by judgment and order of conviction and sentence dated 29.7.2003 in Metropolitan Sessions Case No.1973/2000. Md. Faisal Alam Ansari, who faced the trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The t...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....ed was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397 of the Penal Code. The learned Assistant Sessions Judge found six accused persons including the appellant guilty of the charges and sentenced them to undergo rigorous imprisonme......ime before recording his confession does not tally with the certified copy of the order-sheet of the case filed by the appellant at the hearing of the leave petition, in order to remove the doubt, we called for the record of the case from the learned Magistrate for ascertaining as to whether the con...... 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections......ellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) ..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... State, represented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012. Result: The death sentence of the petitioner is commuted to imprisonment for life. Lawyers Involved: A.K. Badrul Huq, Senior Advocate (with Mansurul Huq Chowd...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......t and order of the High Court Division confirming the death reference made by the Druta Bichar Tribunal No.4, Dhaka in Druta Bichar Case No.36 of 2003. 2. Petitioner along with 8 others was put on trial before the Tribunal to face charge under sections 302/34 of the Penal Code for causing the dea......n both the cases.) Not Represented-For the Respondent (In both the cases.) Criminal Petition for Leave to Appeal No. 332 of 2009 with Jail Petition No. 6 of 2009. (From the judgment and order dated 25.5.2007 passed by the High Court Division in Death Reference No.142 of 2003 with C..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....amined 11 witnesses but the respondent examined none. The Special Judge on consideration of the evidence on record found the accused-respondent guilty of the charge and sentenced him to rigorous imprisonment for 7(seven) years with fine. Accused respondent thereupon took an appeal before the High Co......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......rt Division of a charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947. 2. Facts relevant for the disposal of this petition are that the accused respondent was put on trial to face the above charge before the Additional Sessions Judge and Special Judge, Nababgonj on ...... by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) ..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....- This petition for leave to appeal is directed against the judgement and order dated 14.12.2009 passed by a Single Bench of the High Court Division in Civil Revision No.651 of 2006 making the Rule absolute and thereby setting aside the judgement and decree dated 10.08.2005 passed by the Joint Distr......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......Nine witnesses were examined in support of the plaintiff’s case and eight D.Ws. were examined in support of the defendant’s case. 5. Upon considering the evidence and materials on record, the trial Court by its judgement and decree dated 28.05.2002 declared the title and interest of the plai......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: ..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
.... motor vehicle branch of the main post office, Dinajpur, during the period between 28th May, 1985 and 19th December, 1985. They realized Tk.5,19,505.25 by issuing tax token during the said period and sold motor vehicle stamps for Tk. 2,16,035 and misappropriated Tk. 2,93,420.25. 2. In support of......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......peal Nos.2524 and 2529 of 1998.) Judgment Surendra Kumar Sinha J. - Since these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sectio...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....eave, by the plaintiff arise out of the judgment and order dated 23-7-2002 passed by a Single Bench of the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998 making all the Rules absolute by setting aside the judgment and decree dated 4-6-1998 passed by the learned Additional Dist...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......the suit. 5. Trial Court by its judgment and decree dated 29-10-1991 decreed the suit in part for 17.19 acres of land. 6. Being aggrieved by and dissatisfied with the judgment and decree of the trial Court, the plaintiffs (respondents herein) preferred Title Appeal No.116 of 1992, the Governme......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others...............Category: Property Law | Date: | Hits: 67
....হাজির হয় নাই। দেখলাম বাদীর অনাগ্রহের কারনে মামলা খারিজ”।
6. Besides, the accused-petitioners have also taken the ground that the date of occurrence was shown as 18-1-2004 and 21-2-2004, but the FIR ......as Sharif, opposite-party No.2, as the informant lodged a First Information Report (FIR) against the accused-petitioners, alleging, inter alia, that on 18-01-2004, accused-petitioner Nos.1, 6 and 7 called him away from his hotel and accused-petitioner No.1 demanded Taka two lacs as subscription fo......me to a finding that the earlier case was dismissed for default on 18-1-2005 for non appearance of the complainant and that apparently the previous case was not dismissed on merit after conclusion of trial. The High Court Division further held that in previous PS Case No.12(5) 2000 no trial was held......urendra Kumar Sinha J
MA WahhabMiah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Md. Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Faridul Islam alias Faridul Alam and others..........................Petitioners
Vs.
State, represented by the DC, Chittagong a..
Category: Criminal Law | Date: | Hits: 85
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ed this petition for leave to appeal from the judgment and order dated 28th August, 2008 of a Division Bench of the High Court Division in Death Reference No.150 of 2004 rejecting the Death reference so far as it relates to the accused-respondents and acquitting them of the charge. 2. Facts relev......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......eir respective relations after conducting post mortem examinations. 4. Accused-respondents along with the condemned prisoner Risalder Mosleuddin @ Hiron Khan @ Mosleuddin and 17 others were put on trial before the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No.7 of 19......t: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. ..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his s......First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his son Arif Hossain from his residence and thereafter he did not return home. On query ......ence against the petitioner and others on 24th December, 2006. 4. The learned Magistrate then after compliance of formalities required by law sent the case record to the learned Sessions Judge for trial. The accused Mainuddin and Zinnat Ali filed a petition under section 265C of the Code of Crimi......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result..Category: Criminal Law | Date: | Hits: 66
....tial Enquiry. It was further prayed "to grant the Appeal for hearing by waiving deposit of 10%" of the demanded VAT or imposed penalty under section 42 of the VAT Act read with section 196 and proviso to section 194 of the Customs Act, 1969 (The Customs Act). But the respondent, without holding an...... how an Appeal filed under the section shall be disposed of by the Commissioner (Appeal). Section 196 of the Customs Act has spelt out that the Government shall constitute an Appellate Tribunal to be called the Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal which sh...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal and others...............Respondents
Judgment
November 17, 2011.
..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....such eventuality, he stated, he is ready to give him due share in terms of money. 5. In his additional written statement the appellant has totally ignored the ejmali nature of the property and also denied the execution of the partition deed and the entitlement of due share out of the petrol p......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......on among the co-sharers, the defendant No.2 who is appellant before us filed additional written statement and then an application for amendment of written statement, which prayers were allowed by the trial Court, against which, on a revision petition moved by the defendant No.1, the High Court Divis......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ..Category: Civil Law | Date: | Hits: 86
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