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Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....Islam Chowdhury J Afzal Hossain Ahmed J Chutta Miah...................Petitioner Vs. State………………..Opposite Party Judgment July 21, 2004. Result: The Rule is made absolute. Case referred to- Nazrul Islam @ Munto Vs. State, 1999 BLD 188. Lawyers Involved: ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......used was being tried on the charge of murder of one Abdul Awal, the elder brother of the informant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and pr......mant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnes..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
...., since the case in question being a double murder case has been transferred to the present Tribunal for speedy disposal in order to carve out the criminals of the country. Perused the application so filed under section 526 of the Code of Criminal Procedure and heard both sides at length. 4. I......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......e under the provisions of section 526 of the Code of Criminal Procedure. Secondly, he contends that there is no allegation against the Druta Bichar Tribunal wherein the present case has been sent for trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits tha......ase is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....J Mirza Hussain Haider J Azad Hossain (Md) .............Petitioner Vs. State………………………………Opposite Party Judgment May 5, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shafiuddin with Binod Kumar Agarwal , Advocates ‑ For the Peti......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......ol, District: Dinajpur showing his present address at Paharpur, PS: Kotwali, District: Dinajpur, proprietor of "Azad Bastraloy". Subsequent thereto the case was received by the Special Tribunal for trial wherein charge was framed under section 25B(2) of the Special Powers Act and the accused being....... - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence passed on 17‑6‑2001 by the Special Tribunal No..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
.... Faruque Ahmed.............Accused Petitioner Vs State, represented by the Deputy Commissioner ................... Opposite Party Judgment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Peti......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ...... of Deputy Commissioner, Dhaka in Pallabi PS Case No. 31 (6) 2004 dated 20‑6‑2004 till framing of the charge, if any, in this case and in the event of framing of charge against the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in ......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ..Category: Criminal Law | Date: | Hits: 81
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....gainst the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoper......nst the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoperati......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis..Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months mor......n in a case where an accused has failed to prove circumstances which would entitle him to claim an exception, he may otherwise succeed in shaking the prosecution case and that the Court would thus be called upon to consider evidence and circumstances of the case and to give the accused the benefit......rosecution witnesses then this may be sufficient for their acquittal." In another case Appellate Division in Muslemuddin Vs. State, 38 DLR (AD) 311, observed: "The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to adduce evidence ......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
.... Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; ...... of 2000 is hereby declared to have been made and/or passed without any lawful authority and of no legal accordingly, is quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Respondent No. 1, the Bankruptcy Court, is hereby directed to proceed with the s......traneous materials. 34. The question whether or not the plaintiff had any valid and matured debt against the defendants within the meaning of section 9(1) of the Act could only be decided at the trial of the suit. 35. But the Court fell in serious error in holding that no individual natural ......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... and other papers on record. The leave-petitioner was not made party to the writ petition. Therefore, he obtained permission to file this civil petition for leave to appeal. The leave-petitioner is also a contestant for the post of councilor for Ward No. 2 of Narayangonj City Corporation. Admittedly......sion has not taken any exception to the impugned order and that in compliance with the impugned order the Election Commission has allotted a symbol to writ petitioner and, as such, no interference is called for. He further submits that the leave petitioner has the forum to vindicate his grievances e......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....rved. He further submits that to be an effective notice as contemplated under section 138(1) (b) of the Act it must be served in any of the three modes prescribed in sub-section (1A) of the Act. He also submits that non-mentioning of the mode of service of the notice and the date of receipt of the N...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... under section 138 of the Negotiable Instruments Act, 1881. The said complaints were registered as CR Case No.478/ Kotwali Zone/2007 and CR Case No.477/Kotwali Zone/2007. Both matters are now pending trial before the Additional Metropolitan Sessions Judge, 2nd Court, Chittagong respectively as Ses...... J Syed Mahmud Hossain J Md. Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both are citizens of Bangladesh by birth and they got married. They were blessed with a son and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in ......and manner and that the suit is based on false statements. Defendant No.1 has not gifted the apartment to the plaintiff and the alleged gift is forged. Defendant No.1 by an affidavit cancelled the so-called gift in the name of the plaintiff and gifted the same to his daughter. Any dispute relating t......e Cantonment Act, 1924. 6. The learned Joint District Judge by his judgment and decree dated 1-6-2006 rejected the plaint. 7. Being aggrieved by and dissatisfied with judgment and decree of the trial Court, the plaintiff filed First Appeal No.154 of 2006 before the High Court Division and the ...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another.......Category: Property Law | Date: | Hits: 81
.... Judgment BJMC preferred Civil Petitions for Leave to Appeal Nos.354, 598 and 599 of 2004 which were dismissed. Thereafter, a review Petition being No.111 of 2005 preferred against the Judgment was also dismissed on 30-11-2006. Accordingly, the Judgment passed in Writ Petition Nos.7127, 4560 and 470......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....East Bengal State Acquisition and Tenancy Act (hereinafter called the Act) or is a non-agricultural land within the meaning of section 2(4) of the Non-Agricultural Tenancy Act. 8. Here it should also be remembered that the Non-Agricultural Tenancy Act came into operation when Bengal Tenancy Act, ......determined in this case is whether the homestead land situated in rural area is an agricultural land within the meaning of section 96 of the East Bengal State Acquisition and Tenancy Act (hereinafter called the Act) or is a non-agricultural land within the meaning of section 2(4) of the Non-Agricult......case was resisted by the pre-emptee petitioners denying the material allegations made in the petition and contending, inter alia, that the pre-emptor opposite party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor t...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....titioner has wrongly calculated the interest from the date of the decree which in fact will be calculated from the date of the filing of the suit till realisation. In the counter affidavit it has also been stated that the defendant No.1 Bank has already deposited the balance amount of interest of ...... the filing of the suit to the date of judgment, the High Court Division held that as the award of interest fell within the discretion of the Court which was duly exercised by it, no interference was called for. The order of interest at the rate of 12% during the pendency of the suit and until reali......at the plaintiff has not filed any Execution Case against the defendants but the defendants pray for directing the Court to deposit Taka 1,07,095/- through challan for satisfaction of the decree. The trial Court by Order No.64 dated 13.11.86 allowed the prayer and directed the judgment-debtor to d......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....ers having not executed the document suspicion arose in the mind of the complainant and on inquiry it was found that the petitioners have no right, title and interest in the property agreed to be sold and it appeared that the petitioners intentionally and fraudulently induced the complainant o......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......sult the complainant opposite party filed the complaint case under section 420 of the Penal Code in the Court of Chief Metropolitan Magistrate, Dhaka. The learned Metropolitan Magistrate held the trial in absentia the petitioners and by the judgment dated 20.6.88 delivered in absentia found the ......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and another Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
.... by his judgment and order dated 23.6.87 found appellant Mir Rafiqul Haider guilty of the charge under section 25B (1) of the Special Powers Act, 1974 and convicted and sentenced him to suffer imprisonment for life and to pay a fine of Tk. 10,000/- in default, to suffer rigorous imprisonment for a...... found the appellant and his baggages taken away by the Officer of the Customs department. He heard that gold has been recovered from the bag of the appellant. Subsequently at about 2 P.M. he was called by the Customs Officer and was told that some gold have been recovered and wanted him to be......t, no separate sentence is required to be awarded under that section in the present case. 2. The case for the prosecution, as narrated by informant Customs Inspector P.W.1 Saifuddin Ahmed at the trial, is that on 30.5.86 convict appellant M.M. Rafiqul Haider who was working as a Purser of the B...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....zation of arrear rents and compensation for unauthorized occupation of the suit premises. The case of the plaintiff, in short, was that the premises in suit belonged to him and one Abul Meah, predecessor of the defendants Nos.1 to 4, was a monthly tenant under him at a rental of Tk. 8/-per month. Ab......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270....... Moqbul Ahmed, Advocate - For the Respondent. Appeal from Appellate Decree No. 482 of 1975. Judgment AM Mahmudur Rahman J.- This appeal by the plaintiff is directed against the judgment and decree passed by the learned Subordinate Judge, Third Court, Chittagong in other Appeal No.3..Category: Property Law | Date: | Hits: 66
....espondent No.2 who was directed to appear before the committee on 22.9.82 by letter dated 21.9.89. The respondent No.2 appeared before the Inquiry Committee and found one N.H. Chowdhury who asked him some questions. The respondent No.2 complains that no witness was examined by the Inquiry Commit......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
...... with no effect.
4. The respondent No.2 then filed Complaint Case No.41 of 1983 in the Labour Court at Khulna challenging the continued order of suspension which started on 19.8.82. At the time of trial of the said case it was revealed that the Labour Court at Khulna had no jurisdiction to entert......Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, A......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......In the facts and circumstances of the case, the impugned Judgment and order passed by the Appellate Court is not sustainable in law and liable to be set aside and the Judgment and order passed by the trial Court needs to be restored. In the result, the Rule is made absolute without any order as t......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....Present: SM Dastagir Husain J AKM Fazlur Rahman J Basiran Bewa ............Petitioner Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... the Court of Cognizance on consideration of that enquiry report took cognizance of an offence punishable under section 302 of the Penal Code against Dulal and sent the case to the Sessions Judge for trial. The learned Sessions Judge while fixing a date for hearing as to framing of charge considerin...... Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 DLR 286; Abdur Rashid Lahi Vs. Mohammad Yunus Gazi & ors, 40 DLR 42..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....e heirs of deceased defendant No.18, filed Miscellaneous Case No.35 of 1995 under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree on the ground that their predecessor-in-interest Osman Gani died long ago and they were not made party and no notice was served upon ......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......intiff made a prayer for appointment of a commissioner to effect partition and the commissioner after visiting the suit properties prepared a map, Chitta, Saham book and submitted the same before the trial Court. Thereafter, the opposite party Nos. 1-9, the heirs of deceased defendant No.18, filed M......er. Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Cour..Category: Procedural Law | Date: | Hits: 67
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