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Farid Karim Vs. State, 1992, 21 CLC (HCD)
....he post‑mortem examination which is as follows: "On external examination of the dead body, I found a transverse circular ligature mark above the adam's apple. Ecchymosed skin, one more marked on right lateral neck. A 2" diameter circular acchymosis noted on the strenal angle. Lividity on th...... Judgment Habibur Rahman Khan J.- This reference being Death Reference No.12 of 1987 has been made by Mr. MG Mostafa, Sessions Judge, Kushtia under section 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid K......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......€‘30 AM. 3. Police after investigation submitted charge sheet against the condemned prisoner and two others namely, Abdullah Al‑Mamun Titas and Farukul Islam Dulal and all of them were placed on trial having been charged under sections 302/34 of the Penal Code in the Court of Sessions Judge, Ku..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
.... and found as follows: Average physic. Regour Mort is present. Eyes were closed. Mouth science open. Injury No.1 one oblique cut wound 9" x 1" x bone cut, high up on the neck extending from right side of the neck to vertebral column on the back cutting the sternamastoid in front and second......gment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a char......sively to guilt of the appellants. Therefore such circumstantial evidence being not incompatible innocence of the appellants cannot form the basis of conviction. 35. A criminal trial is not like a fairy tale as one is free to give flight to one's imagination and fantasy. It concerns itself with q....... Judgment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answe..Category: Criminal Law | Date: | Hits: 67
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....de window of their tin shed Chouchala dwelling hat. At that time accused Swapon and Sudangsu were standing outside who suddenly hurled acid causing burning injuries at the chin, back, chest, left and right hand of Pushpa Rani. Kazal also received burning injuries. Having had heard the screaming thei......ssed by learned Additional Sessions Judge, Pirojpur, in Session Case no. 29 of 1989 convicting the appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at t...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at trial are that on 29-02-1988 at 17.00 hours Pushpa Rani Barai (P.W.2) and Kajaln (P.W.5) daughters o..Category: Criminal Law | Date: | Hits: 74
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....napatra is genuine or not. The genuineness of the alleged purchase deeds of the defendant‑petitioners is not so much relevant and important in the suit and as such the learned Subordinate Judge has rightly rejected the prayer of the defendant‑petitioners for examination of the thumb impression i......) of the Code of Civil Procedure and is directed against an order being Order No.89 dated 6.10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting an application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......amining the LTI of Nihar Bala the executant of their purchase deeds and comparing the same with some other admitted LTIs appearing in some documents filed in connection with the suit, is allowed. The trial Court will fix up the necessary costs for the purpose and direct the defendant‑petitioners t..Category: Procedural Law | Date: | Hits: 84
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....os. 2 and 3 after obtaining necessary stamps from the treasury and ultimately she had sold out the suit‑property to the defendants 2 and 3 by two registered deeds dated 29.6.88 and divested all her right, title and interest in the same in their favour; that the plaintiffÂ-petitioner played a foul...... the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts r......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......e the documents are official records of undoubted authenticity, which may assist the Court to decide rightly the issues before it. But it would be wrong to say that there is no discretion left in the trial Court when it is a matter of admitting such public records at a late stage. The Court has a di..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... clearly made appealable under clause (a) of rule 1 of Order 43 of the Code of Civil Procedure and, therefore, one of the essential ingredients of section 115 of the Code relative to the absence of a right of appeal remains unfulfilled. It is also held that if right of appeal in respect of any order......parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2 along with 2 o...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......nt decision on the subject, that section 115 applies only to cases in which an appeal lies, and, where the Legislature has provided no right of appeal, the manifest intention is that the order of the trial Court, right or wrong, shall be final." 11. The next point urged by Mr. MA Rahim, the learn..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......o. 12, Dhaka in Special Tribunal Case No. 63 of 1989. 2. The prosecution case in short is that on 23.11.87 at about 9 AM ten accused persons along with others numbering 20/25 raided the house of informant Dilu Mia at 6‑D/7‑2, Mirpur and searched for the informant. As the informant was out fro......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......edure and accordingly the abscondence of the accused persons was notified in the official Gazette and the Daily Inqilab and the record was sent to the learned Senior Special Tribunal Judge, Dhaka for trial. The Senior Special Tribunal, Dhaka received the record on 7.2.89 and in view of the notificat..Category: Criminal Law | Date: | Hits: 67
....etenu resigned voluntarily on 6.12.90 and the chronology of political movement would show that the detenu had to resign due to political agitation launched by the people for restoration of democratic right and for holding a fair and free election under the neutral Government; that during the tenure ......lder brother of the detenu calling upon the respondents to show cause why the detenu Mr. Moudud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful au......riginal Jurisdiction)
Present:
Mohammad Ismailuddin Sarker J
Md. Badruzzaman J
M Mahmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
......detaining authority was based.
28. The object of enactment of the Special Powers Act, 1974 was to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matter connected therewith. Since t..
Category: Constitutional Law | Date: | Hits: 178
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....ode of Civil Procedure. 2. The petitioner as plaintiff brought Title suit No.370 of 1982 in the Court of first Munsif, Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plaint stating, inter alia, that t......nder Order 9 Rule 13 of the Code of Civil Procedure. 2. The petitioner as plaintiff brought Title suit No.370 of 1982 in the Court of first Munsif, Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plain......posite parties brought the Misc. case only to harass the plaintiff. Every access of justice must not be misused as license to a litigant party resorting to proceedings after proceeding to have his affairs settled in the manner he wishes causing untold harassment to the successful party especially w......er order 5 Rule 17 of the Code of Civil Procedure.” 14. The main point for determination is whether the summons have been duly served upon the defendants of the original suit. The finding of the trial Court is that the summons were served under order 5 Rule 17 of the CPC. After giving such kind..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....ous process, the door of the Courts is always open to the child’s mother to ensure the payment of the maintenance for the child, if ever there is any default in payment. Equally, the father has the right of access as mentioned in the solenama. 13. With regard to the custody of the child, a......dvocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the H......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... was entitled under Muslim Law, Courts did not hesitate to do so.” In this case the eight year old child was also asked about his preference, and such preference was taken into consideration by the trial Court before giving custody to the mother. The matters to be considered before deciding the is..Category: Family Law | Date: | Hits: 327
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......vocate instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Nurul Islam Chowdhury, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment a......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......pplication. After hearing the application in part 22.02.2003 was fixed for further hearing, but the plaintiff-respondent No.1 herein did not take any steps in this regard and the case proceeded to trial. The learned advocate further submits that the deposition of the plaintiff clearly shows that..Category: Property Law | Date: | Hits: 98
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......Amirullah Chowdhury, Advocate ‑ For the Petitioners. J K Paul, Advocate ‑ For the State. Criminal Revision Case No. 645 of 1990. Judgment Abdul Bari Sarkir J. - This is an application for bail. 2. Heard the learned Advocates and perused the application. 3. The accused ‑petiti......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....o all important functionaries of the Govt. including the then Governor of Province clearly shows that the defendants deliberately wanted to injure the reputation of the plaintiff in the estimation of right thinking members of the society. 14. We will presently refer to the oral and documentary ev......hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ase is against the evidence on record and the Trial Judge has failed to decide this case on proper interpretation on law and fact involved in this case. Consequently, we set aside the judgment of the trial Court and decree the suit. In the facts and circumstances of the case a decree for Taka 5,000...Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
.... passed by Mr. Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case......udgment and decree dated 30.11.67 passed by Mr. Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedul......tement of rent of such lands while section 87 recognised the right of a riparian owner to hold lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law em......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....apri'. It is manufacturing the toilet soap 'Capri' along with other soaps namely, TO Clock, Fa, Zest, Baby Soap etc. and several other washing soaps of various kinds. The petitioner duly obtained copyright under the Copyright Act and also applied for Trade Mark Registration in respect of its brand n......ri' along with other soaps namely, TO Clock, Fa, Zest, Baby Soap etc. and several other washing soaps of various kinds. The petitioner duly obtained copyright under the Copyright Act and also applied for Trade Mark Registration in respect of its brand name 'Capri' on 5.1.87 to the respondent No. 2 i......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......ion stating that the petitioner company is a leading toilet and washing soap manufacturer in Bangladesh. It set up automatic soap manufacturing plant with machines imported from Germany at Tongi Industrial Area, Dhaka. The trial of the factory started since September, 1985. The petitioner company is..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....n a decreed maintenance: If the Kazee decrees a maintenance to children, or to parents, or to relations within the prohibited degree, and some time should elapse without their receiving any, their right to maintenance ceases, because it is due only so far as may suffice, according to their necess......f Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been challenged. 2. The opposite party of this revisional application filed a suit before the learned Munsif, Fulbaria Upazila, in the District of Mymensingh, acting as the Family Court......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......nting to a total of Tk. 30,039.50. 3. The petitioner preferred an appeal before the learned Subordinate Judge, Mymensingh, who dismissed the appeal and upheld the decision and order of the learned trial Court, 4. By invoking section 115 of the Code of Civil Procedure the petitioner has challen..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Family Court for decree for restitution of conjugal rights against the opposite party. The opposite party also filed a Family Court Suit No. 5 of 1987 i......alling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Fami......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297......., bonus savings certificates, the four letters from Barclays Bank of England and three letters sent to him by Mr. Abdul Quayyum, father of the opposite party be marked as Exhibits for just and proper trial of the cases of the parties. A certified copy of the said application filed by the petitioner ..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Mun......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......een submitted. After 60 days expired from the date of writing the letter for sanction to the Secretary, Cabinet Division, the Divisional Special Judge fixed 19.3.88 as the date for framing charge and trial. Ultimately charge against the accused petitioners was framed on 15.5.89. It appears from the ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....e reported in 37 DLR page 66 it was also a statement recorded in a plain paper without a memorandum as required under section 164 Cr.P.C. and contained no signature of the accused or of the maker and rightly it was held that those are incurable mistakes and the illegality cannot be cured by calling ......fficer‑in‑charge of the Durgapur Police Station took up investigation, went to the place of occurrence, prepared the inquest report and sent the dead body to the Rajshahi Medical College Hospital for post‑mortem examination. Police after investigation submitted charge sheet against the accused......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......er. Not represented-the Opposite Party. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule..Category: Criminal Law | Date: | Hits: 74
....ite parties filed Misc. Case No. 34.75 before the ADC (Rev.) Dhaka praying for mutation of their name in place of Shahidur Rahman which was ultimately rejected. The plaintiff opposite parties have no right title, and possession in the suit property and their kabalas were created with ulterior motive......ties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dhaka which was subsequently‑ transferred to the Assistant judge, Savar, Dhaka and re‑numbered as Title Suit No. 372 of 1984 for a declaration of title in the suit properties wherein the defendant petitioner was added subsequ......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
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