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State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....re not available at their given addresses. But it came out from the evidence of P.Ws.10, 12-15 under what circumstances their (workers’) whereabouts were not traceable. Therefore, the learned Judge rightly acquitted the respondents and there is nothing to interfere with the impugned judgment and o......f the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.16 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ted charge sheet on 22.2.2003 against the respondents under sections 409/467/468/109 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, Khulna wherefrom it was sent to the Divisional Special ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ere not available at their given addresses. But it came out from the evidence of P.Ws.9, 11-14 under what circumstances their (workers’) whereabouts were not traceable. Therefore, the learned Judge rightly acquitted the respondents and there is nothing to interfere with the impugned judgment and o......f the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.13 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ted charge sheet on 22.1.2003 against the respondents under sections 409/467/468/109 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, Khulna wherefrom it was sent to the Divisional Special ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....of the Medical Board stating the age of the victim girl not above 15 years. Relying on the certificate produced by the father and the medical report the learned Advocate submits that the Courts below rightly found that victim Rehana Akhtar alias Lipi was still a minor and, therefore, she is not enti...... on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously praye......nt March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 D...... appears that the girl is aged at present Over 16 years. As the actual age cannot be ascertained at this stage without entering into the evidence both, oral and documentary, it should be left for the trial Court to decide. If it is found that the girl is aged less than 16 years as submitted by the l..Category: Criminal Law | Date: | Hits: 80
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ber 7, 2010. Lawyer Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the Hig...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......peal is directed against the judgment and order dated 10th June, 2008 of a Division Bench of the High Court Division in Criminal Appeal No.3534 of 2001. 3. Accused respondent Dipu Mondal had faced trial before the learned Sessions Judge, Rajbari in Sessions Case No.34 of 2000 to answer charges pu..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....person of deceased with rollers, Feroz Ali inflicted a 'Kirich' blow on the left side of the chest. Zahadur dealt a spear blow on the back of Abdul Bari, and Abdul Hashem dealt a spear below on his right thigh, and on hearing the hue and cry the informant came there to rescue the victim, when the ......y 13, 2010. Lawyers Involved: AFM Mesbauddin, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the Hi......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264....... learned Additional Sessions Judge, Habigonj in Sessions Case No.1 of 1999. The petitioners Zahadul Abdul Hashim and four others deceased Feroz Ali, Ilias Mia, Safiullah and Ashik Ali were put on trial before the learned Additional Sessions Judge to face charges under sections 302/149 along with..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......inst the judgment and order dated 03.08.2008 passed by this Division in Criminal Appeal No.28 of 2000 allowing the appeal arising out of the judgment and order dated 03.06.2000 in Criminal Petition for Leave to Appeal No.178 of 1995 by granting leave directed against the judgment and order dated 2......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......Thereafter the informant on hearing the alarm went to the place of occurrence and on seeing them accused persons lied away. Thereafter F.I. R. was lodged. Respondents along with others were placed on trial. The learned Additional Sessions Judge found them guilty and convicted and sentenced hem as af..Category: Criminal Law | Date: | Hits: 48
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ench in front of a shop, Liakat Ali, Kazimuddin and others being armed with deadly weapons like dao, lathi, iron-rod, dagger suddenly appeared there and accused Sayedul inflicted a dagger blow on the right cheek accused Kalfiuddin dealt a dao blow on the head, accused Shahidul alias Buiddya hit wit......................Respondents Judgment April 13, 2010. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.220 of 2009. (From the judgment and order dated 19.3.2009 passed by the Hi......of the petitioners in pursuance of the decision of the highest level of the government, which order was not a mechanical one. The learned Advocate-on-Record further argued that the Ministry of Home Affairs on evaluating all facts having satisfied that the petitioners were falsely implicated in the c......e submitted charge sheet under sections 147/148/302/326/ 325/323 and 34 of the Penal Code against the FIR named 13 accused persons including the accused petitioners. 4. After the case was sent for trial to the Court of Sessions, an application was filed on 10th August, 2003 by the public prosec..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......10. Lawyers Involved: Bismader Chakraborly, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the Hi......incident Sheuli Begum, mother of the victim, lodged an FIR against her husband, the respondent with the Katchua police station on the same date at noon. 4. It is alleged that Sheuli Begum had an affair with the accused-respondent and out of their love affair, they co-habituated and as a result sh......t the accused-respondent abducted her baby son and killed him and then threw the victim into the pond with a view to disown her. 5. The case record was eventually sent to the Court of Sessions for trial and it was registered as Sessions Case No.108 of 2000. The learned Additional Sessions Judge t..Category: Criminal Law | Date: | Hits: 71
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
.... 2 with the said paper weight the Officers present then quickly intervened and stopped the plaintiff asking him to refrain from inflicting any physical injury on defendant No. 2. Defendant No. 2 got frightened at such behaviour of the plaintiff and out of fear he went to the corner of his chamber ke......n 29.2.88 should not be set aside. 2. On 28th July, 1983 plaintiff Abdul Jalil instituted Title Suit No. 301/83 in the First Court of Subordinate Judge, Dhaka, stating that he was appointed in the former East Pakistan Industries Development Corporation as a Metallurgical Engineer, Iron & Stee......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......of defendant No. 3 were perfectly valid, legal and binding upon the plaintiff under the terms of the contract and the principles of natural justice have been fully complied with. 5. At the time of trial, the learned Subordinate Judge framed the following issues: 1) Is the suit maintainable in ..Category: Employment/Service Law | Date: | Hits: 108
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....ited by the plaintiff in "Sundry Creditors Account" against the aforesaid liability as guarantor and as such plaintiff cannot question the legality of the formal practice. The defendant has got every right under the existing bank law of the country to exercise general lien over the amount of the pla......k against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6 of 1984 allowing plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,59,265.00 with interest at the rate of 15% per annum from 27. 1.80 till realiz......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......rementioned issues the following issue was framed: 5). Is the amount in question claimed by the plaintiff recoverable from the defendant as prayed for ? 6. The plaintiff examined himself in the trial as the sole PW and filed and proved some documents marked Exts. 1 to 8 in support of his claim..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....th of December 1990, Anwar Hossain Monju appeared personally on 24.4.91 and applied to the Speaker of the Parliament and requested him to give him Oath as a Member of the Parliament to which he has a right whether he is in imprisonment or not. Anwar Hossain Monju was given Oath on 27th April, 1991 w....... 13 (2)91, GR Case No. 1029/91 under section 7(b) of the Special Powers Act pending in the Court of Senior Special Tribunal and Sessions Judge, Dhaka. 2. Facts in short are that the petitioner, a former Minister of the outgoing Government and Editor of the Daily Ittefaq came to know on informati...... when the detention order were issued in the month of December, 1990 there was no permanent Government but only an interim Government upon which the country reposed the responsibility of conducting a fair and impartial election and it is also not disputed that the election was held under the able gu...... held that it is elementary again, that this Court cannot and should not take upon itself the task of resolving issues of facts on affidavits which must be resolved upon evidence to be led before the trial Court in accordance with law, It may be that the allegations made against the petitioner are u..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ...... 1985. Judgment Habibur Rahman Khan J. - The accused appellant Tariq Habibullah has been convicted under section 302 of the Penal Code and sentenced thereunder to suffer rigorous imprisonment for life by the Additional Sessions Judge‑In‑Charge, 4 Court, Dhaka in Sessions Case No. 1207 of......m. 4. The further case of defence was that it was not a case of murder and that the death was the result of suicide. It was suggested that Sawpna married accused‑appellant out of previous love affair, but she afterwards developed frustration and was unhappy in her matrimonial life and out of fr......y house, and also against the accused. appellant's mother Mrs. Suraiya Begum. 3. The accused‑appellant Tariq Habibullah, his friend lqbal Tarique and his mother Mrs. Suraiya Begum were placed on trial before the Court of Additional Sessions Judge, Dhaka, having been charged under sections 302/3..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....n of Bangladesh the defendant No. 1, M/s. Progati Industries Ltd. illegally and forcibly took possession of the suit property in March 1972 by dispossessing the plaintiff; that the defendants have no right, title and interest to possess the same denying title of the plaintiff necessitating declarati......1977. 2. Deceased plaintiff Abdul Halim who died during the pendency of the suit filed Title Suit No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of......ing to be affected and under the provision of section 80 of the Code of Civil Procedure "Government is to be represented either by the Deputy Commissioner or by the Secretary of the Government when affairs of the Railways is not involved in the suit. The defendant No. 1 in their written statement ha......s for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon appertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land f..Category: Property Law | Date: | Hits: 69
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417....... 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a petition of compla......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417....... earlier is hereby vacated. The proceeding as against the other accused, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...Category: Criminal Law | Date: | Hits: 70
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....a, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the......ed by Mr. Nurun Nabi Chowdhury, Subordinate Judge, 1st Court, Dhaka, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the s...... 276 of 1974 was restored to its original file and number. The suit was, however, ultimately dismissed on compromise on 29.3.81. 3. The plaintiff wrote to the defendant No. 1 about the aforesaid affairs and thereafter submitted a plan on 19.8.1990 for the construction of residential house on the ...... examined as DW. Both the parties have produced a number of document, which were marked as Exts. 1‑10(B) from the plaintiff’s side and Exhibits A‑C from the defendant's side. 10. The learned trial Court on consideration of the evidence, both oral and documentary, by his judgment and decree ..Category: Property Law | Date: | Hits: 87
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......ecord-For the Petitioners. Not represented- the Respondent. Criminal Review Petition No.31 of 2009. (From the judgment and order dated 11.08.2008 passed by this Division in Criminal Petition for Leave to Appeal No.138 of 2008.) Judgment Md. Abdul Matin J. - This review petition is dir......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......03.2002 under Sections 302 and 34 of the penal Code against 15 accused persons including the petitioner herein. 4. The case was transferred to the Court of the learned Sessions Judge, Faridpur and trial was started in the Court of the learned Additional Sessions Judge, Faridpur. Thereafter it was..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
.... statement. Later on, the plaintiffs withdrew T.S. No.16 of 1991 due to the formal defects with a permission to sue afresh. The deeds shown to have been created by the defendants did not confer any right, title, interest in the suit land. The plaintiffs have been possessing the suit land within th...... Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-25. Civil Petition for Leave to Appeal No.108 of 2010. (From the judgment and order dated 05.08.2009 passed by the H......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......t possess 5.7320 acres of land as auction purchasers and .59 acres of land as the heirs of Alek Morol. But the defendants did not file any case in order to set aside the auction purchase. 5. The trial court dismissed the suit and the High Court Division allowed the appeal and set aside the judg..Category: Property Law | Date: | Hits: 69
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....tiffs instituted Title Suit No. 284 of 1979 impleading the petitioners as contesting defendants and opposite party Nos. 7-26 as added defendants praying for a decree for declaration of their easement right of pathway over the suit land for long and for permanent injunction restraining the defendants......d others........Respondents Judgment June 9, 2008. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-record - For the Petitioners. Not represented – the Respondent. Civil Petition for Leave to Appeal No. 993 of 2007. (From the Judgment and Order dated 20th May, 2007 passed by ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nts further alleged that the suit pathway is their private pathway and that the plaintiffs or the villagers have no legal right of passage or to use the said pathway as a right of easement. 4. The trial Court on consideration of the materials on record decreed the suit and on appeal being Title A..Category: Property Law | Date: | Hits: 69
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......ent and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No.41 of 1997 rejecting the Memo of Appeal. 2. Short facts are that the respondents as plaintiff instituted the aforesaid Title Suit No.10 of 1995 in the 2nd Court of Subordinate Judge (now Joint District Judge), ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......0 of 1995 in the 2nd Court of Subordinate Judge (now Joint District Judge), Gazipur for declaration that R.S. record prepared in respect of C.S. Plot No.1313 was wrong and the suit was decreed by the trial Court on 29.2.1996. Thereafter the aforesaid First Appeal was tendered before the High Court D..Category: Procedural Law | Date: | Hits: 86
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......ate ‑ For the Appellant Petitioner. Not represented- the respondent. Criminal Appeal No.127 of 1993. Judgment Habibur Rahman Khan J.- This is an application u/s. 5 of the Limitation Act for condoning the delay of about 7 years 2 months that is 2617 days caused in filing the appeal. ......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......d to be represented by her lawyer in the Court. Her attendance in the Court having been dispensed with she lost touch with the proceeding of the case and as such could not appear in the Court to face trial as a result of which trial was concluded and impugned or order of conviction and sentence was ..Category: Procedural Law | Date: | Hits: 112
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