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Yasin Hossain Vs. State, 2011, 40 CLC (HCD)
....tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ecial Tribunal No.7, Dhaka in Metro Special Tribunal Case No.457 of 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) ......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......f 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) of the Arms Act. 3. Thereafter the appellant was arrested on 24..Category: Criminal Law | Date: | Hits: 65
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......cial Powers Act,1974 against the order No.10 dated 11.8.2010 passed by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arm......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......d by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arms Act. 3. After investigation police submitted a charge sheet a..Category: Criminal Law | Date: | Hits: 65
Ershad Vs. State, 2011, 40 CLC (HCD)
....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... 21.6.2010 the accused persons have cutted away the trees and after Juma Namaz while they were sitting in a salish and at one stage the accused persons having armed with deadly weapons attacked the informant party and accused Nos. 1, 2, 3, 4 and 5 have been seriously injured the victim Farok and Naz......e of bail and as such the impugned order was passed illegally. He further submits that there is a counter case between the parties, showing the self same date of occurrence and the petitioner has got fair chance of acquittal in this case, in that view of the matter he prays for bail of the petitione...... bail and as per direction of the Hon’ble Court he surrendered before the Chief Judicial Magistrate, Sylhet on 08.09.10 and obtained ad-interim bail but thereafter by the order dated 22.09.2010 the trial court cancelled the bail of the petitioner and remained in custody and thereafter obtained the..Category: Criminal Law | Date: | Hits: 53
Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......er should not be enlarged on bail in G.R. Case No. 267/2007 corresponding to Companiganj P.S. Case No. 02 dated 05.03.2007 under section 302/326/307/436/440/201/34 of the Penal Code, now pending in before the Court of Judicial Magistrate Cognizance Court No. 2, Noakhali. 2. Facts relevant for dis......lementary affidavit and the impugned order. 7. On perusal of the fact narrated in the FIR and considering the petitioner’s long detention in custody without trial and that the petitioner has got fair chance of acquittal in this case, we find substance in the submission of the learned advocate f......the Annexure of the supplementary affidavit which is the last order of the case submits that the petitioner’s are in custody for more then three years and since there is no certainty as to when the trial will be concluded, and the petitioner’s are in custody since long and that they have got eve..Category: Criminal Law | Date: | Hits: 48
H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......tion with another case and thereafter his bail was cancelled by the order dated 12.7.09, thereafter the petitioner after obtaining bail in other case and surrendered on 26.10.10, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 3. The learned ad......could not be present in the next date and thereafter after getting bail in connection of other case, he has voluntarily surrendered before the court to face the trial and since the petitioner has got fair chance of acquittal in this case, he prays for bail of the petitioner. 4. The learned Assist......ot come out from the jail hajat and he could not be present in the next date and thereafter after getting bail in connection of other case, he has voluntarily surrendered before the court to face the trial and since the petitioner has got fair chance of acquittal in this case, he prays for bail of t..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
.... injury over left cheek below left ear. Size 1 ½” x ½” x ¼” iii. One incised injury over dersomedial aspect of left mid forearm 4”x ½” ulna bone deep. iv. One incised injury over right shoulder 3 ½ ” X 1” x 1”. v. One incised injury over left shoulder joint 3” x 1”...... under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned prisoner also filed Jail Appeal No. 1704 of 1997 against the aforesaid judgment and order. By this judgment both the matters are disposed of. 3. Prosecution ca......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......tion on the basis of which the case was started and after investigation police submitted charge-sheet against the condemned prisoner under section 302 of the Penal Code. 5. The case being sent for trial, the condemned prisoner was charged under section 302 of the Penal Code, to which he pleaded n..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
.... No.3 offered Taka 1 crore and odd being the highest bid money in the tender. As the offer of the highest tenderer was accepted the contract is complete and the plaintiff is not entitled to claim any right to purchase the suit property. 7. In this case the plaintiff examined 2 witnesses namely, P......a in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for t......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......t the judgment and decree passed on 24-3-1997 by the Subordinate Judge and Commercial Court No.1, Dhaka in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants ..Category: Tenancy Law | Date: | Hits: 135
Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)
...., therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ...... No. 3699 of 2006. Judgment AFM Abdur Rahman J. - This is a long pending Rule. The learned Advocate Mr. Nur Mohammad Miah appearing on behalf of the opposite party Nos. 1-4 fixed this matter before this court on 6.7.2010 for hearing but as he did not inform the opposite party prior to fixing ......, therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ...... and the plaintiff has taken tactics to harass the defendant in this manner of keeping the rule undisposed of for years together. It appears that this rule as arisen out of the partition suit and the trial court decreed the suit allowing Saham of .0818 Ajutangshaw land in the Saham of the plaintiff ..Category: Procedural Law | Date: | Hits: 77
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....gh registered Saf Kabala being No.749, registered on 28.1.1999 in favour of the plaintiff and handed over the possession of the sold land to the plaintiff, who upon mutating his name in the record of right and paying the rent to the authority while on exclusive enjoyment of the said purchased land, ......yangonj in Title Suit No.206 of 2000 decreeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against t......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......he execution of the plaintiff’s registered deed and as such he is not entitled to get any relief without filing a suit for partition upon filing of ad valurem Court fees. Upon such pleading the trial court framed the following issues: 1. “অত্র মোকদ..Category: Property Law | Date: | Hits: 74
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......assed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 convicting the appellant under sections 302/201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 3,000/- in default to suffer rigorous imprisonment for six months more.......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... 4 dated 16.11.92. The police, after investigation submitted charge sheet on 25.5.1993 against the appellant and six others under sections 302/201/34 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Brahminbaria, wherein it was numbered as Session Case No.60 o..Category: Criminal Law | Date: | Hits: 58
Enu Miah and others Vs. State, 2011, 40 CLC (HCD)
....it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......the accused petitioner should not be enlarged on bail in G.R. Case No. 53 of 2010 corresponding to Madhabpur P.S. Case No.8 dated 10.03.2010 under section 395/397/412 of the Penal Code, now pending before the learned Chief Judicial Magistrate, Cognizance Court, No.5, Habigonj. 2. The petitioners ......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......o.8 dated 10.03.2010 under section 395/397/412 of the Penal Code, now pending before the learned Chief Judicial Magistrate, Cognizance Court, No.5, Habigonj. 2. The petitioners were brought to the trial in a case under section 395/397/412 of the Penal Code. 3. Thereafter the petitioners were a..Category: Criminal Law | Date: | Hits: 56
Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)
....ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ng in the Court of Judicial Magistrate and Cognizance Court No.6, Sylhet. The petitioner was brought to the trial in a case under section 302 of the Penal Code. 3. After arrest since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......Gowainghat P.S. Case No.9 dated 08.04.2010 under section 302 of the Penal Code, now pending in the Court of Judicial Magistrate and Cognizance Court No.6, Sylhet. The petitioner was brought to the trial in a case under section 302 of the Penal Code. 3. After arrest since his prayer for bail wa..Category: Criminal Law | Date: | Hits: 61
Pavel @ Faysal Ahmed Vs. State, 2011, 40 CLC (HCD)
.... the trial of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......be enlarged on bail in Sessions Case No. 131 of 2010 arising out of G.R. Case No. 470 of 2009 corresponding to Kafrul P.S. Case No. 42 dated 24.8.09 under section 302 of the Penal Code, now pending before the learned Janonirapatta Bignokari Aparad Damon Tribunal, Dhaka. The petitioner was brought...... the trial of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to Kafrul P.S. Case No. 42 dated 24.8.09 under section 302 of the Penal Code, now pending before the learned Janonirapatta Bignokari Aparad Damon Tribunal, Dhaka. The petitioner was brought to the trial in a case under section 302 of the Penal Code. 2. After investigation police submitted a ch..Category: Criminal Law | Date: | Hits: 48
Abdul Ohid Vs. State, 2011, 40 CLC (HCD)
....to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......der section 302/323/109/34 of the Penal Code. 3. After investigation police submitted a charge sheet against the accused petitioner and 10 others on 15.12.2009. 4. After arrest since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 5. The learned ad......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......dated 05.03.2009 under section 302/323/109/34 of the Penal Code, now pending in the Court of Judicial Magistrate, 1st. Court, Cognizance Court No. 6, Sylhet. 2. The petitioner was brought to the trial in a case under section 302/323/109/34 of the Penal Code. 3. After investigation police sub..Category: Criminal Law | Date: | Hits: 64
Md. Nashir Vs. State, 2011, 40 CLC (HCD)
.... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ation police submitted a charge sheet on 4.2.2010 under section 4 (1) of the Law and order Disruption Crimes (Speedy) Trial Act against the petitioner and another. 4. After arrest since his prayer for bail was rejected by the impugned order, the petitioner then obtained the instant rule for bail....... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ection 4(1) of the Law and Order Disruption Crimes (Speedy) Trial Act, now pending in the Court of Metropolitan Magistrate and Druto Bichar Court No.02, Dhaka. 2. The petitioner was brought to the trial in a case under section 4 (1) of the Law and Order Disruption Crimes (Speedy) Trial Act. 3...Category: Criminal Law | Date: | Hits: 61
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....eal against acquittal it is to be borne in mind, amongst others, that appellate Courts are slow in disturbing the finding of fact arrived by a Judge who had the advantage of seeing the witnesses. The right given to the accused of benefit of doubt, if any, is also of no less consideration in this reg......e their second daughter coming from Canada and they returned back from there at about 8 PM along with their second daughter and that they were busy after the return and at about 11-00 PM Mr. Arshad informed him that the condition of the maid servant Golapi was very much precarious and then Mrs. Arsh......rlier statement made in the examination-in-chief in respect of the prosecution case as to the cause of death by beating and assault by the accused. The definite defence case is that Golapi had love affair with cook Kamal and when the accused along with her family members left for Airport, the cook K......ilty and claimed to be tried. The defence case, as appears from the cross-examination of the witnesses, is that of absolute innocence of the accused and that the deceased died of poison. 2. During trial prosecution produced 26 witnesses. After recording evidence the trial Court examined the accus..Category: Criminal Law | Date: | Hits: 60
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......der section 186 of the Penal Code on the allegation that while he was in charge of the Ministry of Home Affairs he directed the then Superintendent of Police, Gopalgonj over phone to drop the name of former State Minister Kazi Firoj Rashid from the case which started on the basis of an ejhar dated 1......d. 2. It appears that the charge sheet has been submitted against the present petitioner under section 186 of the Penal Code on the allegation that while he was in charge of the Ministry of Home Affairs he directed the then Superintendent of Police, Gopalgonj over phone to drop the name of former......ephonic instruction without mentioning the date and time of this call is not sufficient to proceed against the present petitioner. There is little scope of furnishing these particulars at the time of trial because that will amount to improvement of the prosecution case. It is unfortunate that the in..Category: Criminal Law | Date: | Hits: 58
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....t the said plot No.269 belonged to Sanwar, Azadur Rahman, Ilasur Rahman and Moniruddin and through an amicable partition they got their respective shares demarcated. As a result the co-sharers had no right, title and interest in the case land; that Sanowar while in exclusive and uninterrupted posses......in pre-emption case No. 4 of 1987 by the learned Subordinate Judge, Moulavibazar allowing pre-emption. 2. The case of the pre-emptor petitioner Syed Sad Ali, in short, is that he instituted a case for pre-emption under section 24 of the Non-Agricultural Tenancy Act being Pre-emption case No.4 of ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ...... was heard and disposed of by the learned Additional District Judge, Molavibazar who by the impugned judgment and order dated 23-9-95 allowed the appeal by setting aside the judgment and order of the trial Court holding, inter alia, that the pre-emptor petitioner Syed Sad Ali though a co-sharer of t..Category: Property Law | Date: | Hits: 70
Md. Abdus Samad alias Kalu and others Vs. State, 2010, 39 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......in the Court of learned Chief Judicial Magistrate, Sherpur. 2. Prosecution case, in short is that one Md. Ismail Hossain filed a petition of complain being Petition Case No.08 of 2009 on 19.7.09 before the Judicial Magistrate, Sherpur against the 12 persons under sections 143/148/ 323/ 307/302/11......tion for bail and the impugned order. 7. On perusal of the fact narrated in the FIR we find substance in the submission of the learned advocate for the petitioners that the petitioner No.2 has got fair chance of acquittal in this case and the petitioner Nos. have voluntarily surrendered before th......fic allegation in the FIR of inflicting fatal blow by the accused no 2 but according to FIR there is no eye witness and as such the involvement of the petitioners appears to be doubtful and since the trial has not been started and the petitioners have voluntarily surrendered before the court for tri..Category: Criminal Law | Date: | Hits: 58
Md. Hukum Ali Mollah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... persons wherein the petitioner was not named there but was arrested on 4.5.2007 and thereafter made a confessional statement and accordingly he was implicated in this case. 3. Thereafter he moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appearing for the......sion of the petitioner there is nothing to implicate him in the so-called incident but on perusal of the confessional statement it will appear that it was exculpatory in nature and petitioner has got fair chance of acquittal in this case and the co-accused Samir Kumar Shaha and Md. Kachher Ali have ......tioner has got fair chance of acquittal in this case and the co-accused Samir Kumar Shaha and Md. Kachher Ali have been enlarged on bail and the petitioner is in custody for more than 4 years without trial and there is no certainty as to when the trial will be commenced, in that view of the matter h..Category: Criminal Law | Date: | Hits: 66
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