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Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....he Election Commission became functus officio thereafter and it was coram non judice in passing the impugned order Annexure I. 26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reporte...... Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....he Sessions Judge, Shariatptur in Criminal Misc. Case No. 90 of 1987 arising out of GR Case No.16 of 1987 (which arose out of Bhederganj PS Case No.3 dated 14.5.87) should not be set aside. 2. The facts of the case are that informant OP 2 Md. Musa Gazi lodged FIR. at Bhederganj PS. On U.5.87 alle......of accused petitioner Md. Anwar Hossain Maji, 22 acÂcused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden being armed with various deadly weapons and started beating women inmates by entering into difÂferent houses. They took away cash money, or......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....uddin Sardar, Subordinate Judge, 2nd Court, Chittagong in Other Appeal No.231 of 1980 reversÂing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ......appeal below on a proper consideraÂtion of the exhibits namely Kabala Ext.A (1) dated 22.3.72, Ext.3 series the rent receipts and Ext. A series, the P.W.s and BS Khatians and also considerÂing oral evidence of the P.W.s and the DWs came to a finding that the plaintiff proved his case of exclusive ..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....deed of heba, stated in his deposition that he knew about the execution of the heba and was present while the same was executed by Abdur RahÂman Sikder and the said deed was read over. So from these facts it is crystal clear that there was an express offer of declaration and that the same was made ......¦â€¦Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha......amely, offer, acceptance, delivery of possession, still the deed of heba is hit by the principle of Marzul Maut i.e. death illness. Mr. Sobhan strenuously argues that the plaintiff has established by evidence that AbÂdur Rahman Sikder while making the deed of gift was suffering from death illness a..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
.... to lodge an FIR, but the O/C did not record the same. On the next day, police went to the place of occurrence and inforÂmant Abdul Latif Sikder lodged an FIR with Kapasia police narrating the above facts. 3. After due investigation of the case, Police submitted a charge-sheet against the accuse...... Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. Judgment Daliluddin Ahmed J.- This appeal is directÂed against the judgment and order dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convic......rÂrence. P.W.1 who lodged the FIR is a henchman beÂlonging to the party of the said Chairman. The acÂcused persons are not guilty of the charge levelled against them. 7. On consideration of the evidence on record, the learned Sessions Judge found the accused Hafizuddin (the appellant) and accu..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....1987 of the Court of Upazila Magistrate, Nawabganj, Dinajpur arising out of Nawabganj PS Case No.3 of 1987 dated 8.11.87 under sections 147/148/447/324/325/114/326/302/34 of the Penal Code. 2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according t......2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecution, there is a Civil litigation between the informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect...... to say whether the appellant should continue on bail during the trial also. 14. As regards the second point urged before us that the investigation was perfunctory and the same is contrary to the evidence on record, we like to obÂserve that it relates to the merit of the case and as such we ref..Category: Criminal Law | Date: | Hits: 74
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
.....................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made abÂsolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143.
Lawyers Involved:
S.R. Pal with Pa......uncil exÂplained this legal position in the following words:-
"If by exclusive possession of joint estate is meant that one member of the joint family alone occupies it, that by itself affords no evidence of exclusion of other interested members of the family; Uninterrupted sole possession of su..
Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....it." 7. Mr. Golam Majid, the learned Munsif has not committed any error of law in passing the imÂpugned order. It is difficult for me to accept such contention of Mr. Majid. 8. Considering the facts and circumstances as stated above and re lying upon aforesaid Judicial proÂnouncement I hold ......posite Parties Judgment March 8, 1989. Result: The rule is made absolute. Cases Referred to- Rahim Baksha Gazi & ors. Vs. Enbar Gazi & ors, 22 DLR 500; Mohomedally Tyebally and others vs. Safiabai and others. Lawyers Involved: Hasan Foez Siddique, Advocate - For the ......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....d the period of investigation for a further period of 30 days from 22.9.88 and undisputedly the police has submitted charge-sheet duly within the said exÂtended period of investigation. 5. In the facts and circumstances of the present case the submission made by Mr. Amjad Hossain, learned Advoca...... of the Penal Code now pending in the Court of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orÂders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. all......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......Advocate - For the Opposite Party. Civil Revision No.636 of 1986. Judgment Anwarul Hoque Chowdhury J. - The Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 6.8.86 passed by the learned Subordinate Judge,......tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....tion and is of no legal effect, in as much as such an act amounts to usurpation of the DM’s Power under section 7 of the Act. 15. The learned Board, without applying it’s judicial mind on the facts and the law involved, felt that as the Declaration of the Weekly Ittehad has not been formally......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:...... Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal No.11, Dhaka in Metropolitan ......for disposal and allow the Deputy Attorney General to make his submissions. 12. Mr. Khizir Hayat, learned Deputy Attorney General appearing for the State-opposite party submits that in view of the evidence on record, the allegations of explosions of two bombs by the accused including the petition..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....Jalal Howlader to kill her. Accordingly he (appellant) along with his two friends killed her on 17.1.1988 at 11.00 p.m in a field near to the house of Khabir Kha. 3. On disclosure of the above facts, the police arrested the appellant and his two friends and produced them before the Court. The......orney General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. Ruhul Quddus J.- This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 3.2.1990 passed by the Additional Sessions Judge, Second Court, Barisal in Session C......closing the prosecution, the learned Additional Sessions Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense nor he did retract his confessional statement. 6. After conclusion of trial, ..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....llaneous Case No.2 of 1993 and Miscellaneous Case No.153 of 1994 in different civil Courts for setting aside the exparte decrees obtained earlier by the complainant-petitioner and his firm. Under the facts and circumstances of the present case, pendency of such type of miscellaneous cases cannot be ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Sirajuddin Sarkar……………………Petitioner Vs. Md. Fazlul Haque and others……………………Opposite Parties Judgment April 2, 2012. Result: The ......cations by order dated 24.6.1997 on the reasons that earlier their application for discharge was rejected and there was no order of stay from the superior Court, and that the case was at the stage of evidence. 7. It further appears that the Additional Sessions Judge, Dhaka allowed the criminal r..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
.... requirement of explanation, she submits that since before lodging of the ejahar, he was living abroad and was not in a position to explain the circumstance under which the victim had died. Under the facts and circumstances of the present case, the onus to prove the allegation beyond all reasonable ......us J Md. Shah Alam…………………Appellant Vs. The State……………………Respondent Judgment March 24, 2011. Result: The criminal appeal is dismissed with alteration and modification. Cases Referred to- Mobarak Hossain Vs. State, 33 DLR 274; 45 DLR 16; Swapon ...... submitted on 27.12.1992, while the ejahar was lodged on 27.8.1993 without any reasonable explanation of delay, which made the prosecution case doubtful. She further submits that it was proved by the evidence of close relations to the victim, namely P.Ws.3-5 that she and her husband led a happy conj..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....legations made in the complaint constitute any offence under section 420 or any other section of the Penal Code. 7. No certified copy of the evidence of witnesses has been annexed to appreciate to facts. Definitely the trial Court is competent enough to see whether the facts revealed in course of......€¦Petitioner Vs. The State………………………Opposite Party Judgment March 18, 2012 Result: The Rule is discharged. Case Referred to- Golam Sarwar Hiru Vs. the State and another, 13 MLR (AD) 103. Lawyers Involved: No one appears - For the Petitioner. Mrs. S......that the petitioner has raised a question whether the allegations made in the complaint constitute any offence under section 420 or any other section of the Penal Code. 7. No certified copy of the evidence of witnesses has been annexed to appreciate to facts. Definitely the trial Court is compete..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......eneral - For the Respondent. Criminal Appeal No.2962 of 2002. Judgment Md. Ruhul Quddus J.- This criminal appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.15......istant Attorney General to assist the Court and make her submissions. 5. Ms. Syeda Rabia Begum, learned Assistant Attorney General submits that P.W.1 has fully supported the prosecution case. His evidence has been corroborated by evidences of the members of raiding party. The case has also been ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
.... in 61 DLR 35, Kashem Vs. State in 54 DLR 212, Billal Miah Vs. State in 9 MLR 429, Rana Madbar and others Vs. The State in 51 DLR 499 and Abdur Razzak Talukder Vs. State in 51 DLR 83. 14. From the facts and circumstances of the present case it does not appear that there was any reason for the pol......dgment January 10, 2012. Result: The appeal is dismissed. Cases Referred to- Mohiuddin Vs. State, 61 DLR 36; Kashem Vs. State, 54 DLR 212; Billal Miah Vs. State, 9 MLR 429; Rana Madbar and others Vs. The State, 51 DLR 499; Abdur Razzak Talukder Vs. State, 51 DLR 83. Lawyers Involve......t, learned Deputy Attorney General to make his submission. 7. Mr. Khizir Hayat, learned Deputy Attorney General appearing for the State-respondent submitted that the prosecution case was proved by evidence of the informant, Investigating Officer and other members of the raiding party. Although th..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
.... records including charge sheet, order of discharge and the impugned order. It transpires that the police exhaustively investigated the case and submitted a comprehensive report stating all necessary facts and findings in detail. It further transpires that the learned Judge in rejecting the applicat......ssed by the Metropolitan Special Tribunal No.2, Dhaka in Metropolitan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized fro......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....how the victim had died. Of them, P.W.7 stated that younger brother of the appellant brought her along with Lal Mahmud (P.W.8) and other witnesses to the Court for recording their evidence. Under the facts and circumstances their evidence cannot be relied upon, and it cannot also be said that these ......s. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......gum actually had committed suicide by hanging. P.Ws.7 and 8 did not support the prosecution case, while P.W.11 Rina Begum stated that she herself saw the victim’s dead body in hanging position. The evidence of other witnesses, who supported the prosecution case were also contradictory. The abrasio..Category: Criminal Law | Date: | Hits: 110
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