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Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....Siraj Mal, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprison......ears to have stated in his cross‑examination that the victim girl Shilpi in her statement under section 161 CrPC told him that the said Nurul Islam @ Nuru took her to their house and one Moulvi was called who then solemnised her marriage and thereafter of course accused Nurul Islam cohabited with ......(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 against the accused appellants and thereafter the case was sent to the learned Sessions Judge and Special Tribunal No.1 Chandpur for trial. At the trial charge was framed under section 4(b)(c) of the Cruelty to Women (Deterrent Punis...... This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....d. Sekander Hossain Vs. Secretary, Ministry of Cabinet Affairs Establishment Division, Government of Bangladesh and others, 29 DLR 10; Fazlur Rahman Vs. Rajab and others, 30 DLR (SC) 30; Manager Personal Division Vs. Md. Sazahan Miah and others, 35 DLR 224. Lawyer Involved: Abdul Baset Majum......ts Memo No. WE/TA/‑12/86‑355 dated 4.12.86 advised the Authority to deal with the case of the petitioner and other cases according to rules without making further reference to the Ministry unless called for. The Authority thereafter acted according to rules in giving effect to its earlier office......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......sion (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Wadiuzzaman ………………………Petitioner (In all Writ Petitions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....f Bangladesh, represented by the Secretary, Ministry Home Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4, 1997. Result: The Rule is made absolute. Cases Referred to- Nesar Ahmed Vs. The Government of Bangladesh, Civil Appeal No.5 of ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......used persons showing the petitioner Mobarak Ali Mondal as an absconder. Two of the charge sheeted accused persons namely Mobarak Ali Paik and (2) Rais Uddin Monthi died before the commencement of the trial. 5. The Senior Special Tribunal Bogra having received the case record registered the same a......, Civil Appeal No.5 of 1996; Bulbul Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawyers Involved: ANM Gaziul Haque with Zafar Ahmed, Advocates - ..Category: Criminal Law | Date: | Hits: 79
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....52 of 1990 in the Court of learned Senior Assistant Judge, Brahmanbaria Sadar, Brahmanbaria praying for declaration of their title in the suit property described in the schedule to the plaint and also for recovery of khas possession of the same. Plaintiff's case, in short, was that the suit land......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......hha gram" in the suit land for rehabilitation of the landless persons. That the plaintiffs filed the suit on false claim and forged-papers and as such the suit was liable to be dismissed. 4. The trial court dismissed the suit. The plaintiffs then filed Title Appeal No.128 of 1995 against the ju......n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Government of the Republic of Bangladesh represented by the Deputy Commissioner, Brahmanbaria and others.....................Petitioners Vs. Mahabbat Ali and others…....................R..Category: Property Law | Date: | Hits: 58
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....2(two) leave petitions, having been filed against the same judgment and order dated the 12th and 13th April, 2010 passed by the High Court Division in Writ Petition No. 2669 of 2000 making the Rule absolute in part, heard together and are being disposed of by this single order. 2. On an appli......as the CHT Regulation, 1900) and framing of Rules thereunder, but the questions as to the constitutionality of the sections of Acts 9, 10, 11 and 12 of 1998 and Acts 19, 20 and 21 of 1989 having been called in question before the High Court Division and dealt with by it, we are not required to state......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. .................................Petitioner (In Civil Petition No.1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Resu..Category: Constitutional Law | Date: | Hits: 219
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....- "Dear All, Amader jatio 4 netake Ei Eider moddhe mukti Na dile Eideer chuti te Desher Bivinno Gurutto Vhobon Uriey Deo Hobe & Apnader Uper, Pulisher Upor Hamla Chalano Hobe" "MDMT" Sura Sodosso". 3. That after receiving that e-mail a general diary was made with Shahbag P.S. and on the ba......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......the investigation of this case has been concluded in the meantime. 8. In the above circumstances, we find it just and proper to leave the matter of granting bail of the accused-respondent to the trial court on consideration of evidence and materials on record and as such we set aside the impu....... Siifia Khatun, Advocate-on-Record- For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 332 of 2011. (From the judgment and order dated 24.04.2011 passed by the High Court Division in Criminal Miscellaneous Case No.34188..Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....ld ornaments, wrist watches, wall clock, cash money, cassettes, sarees, various clothings from different rooms of the wife and children of the informant on point of dagger and firearms. The dacoits also beat the sons of the informant during occurrence since there was delay in opening the door as dem......be so by evidence. We, therefore, find that the learned Assistant Sessions Judge committed error of law in convicting the accused appellant on the basis of memorandum of TI parade. 15. It may be recalled here that the basis of conviction of the accused appellant is memo of TI parade as mentioned ...... under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned trial Judge found the rest accused Khorshed Ali guilty of the offence charged under section 412 of t...... No.464 of 1993. Judgment Md. Hassan Ameen J. - This criminal appeal at the instance of the accused appellant Mizanur Rahman @ Mija @ Mizan is directed against the judgment, order of conviction and sentence dated 30‑6‑92 passed by the Assistant Sessions Judge, Pirojpur in Sessions Case No...Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......ng him to withdraw his letter on 12‑1‑95. 7. It has been further stated in the revisional application that in view of an emergency situation having arisen the Bangladesh Sarak Paribahan Samity called an emergency meeting on 19‑1‑95 to discuss the situation in details and at the end of thi......ality deciding the issue in favour of the plaintiff opposite party Nos.1and 2. 29. It has been further submitted by the learned Advocate for the opposite parties that the injunction order of the trial Court was shown to the Commissioner and the Magistrate, even then they in collusion with the d...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... of the materials on record, found that the case holding being homestead is not connected with agriculture and the court of appeal below having not averted to said finding without assigning cogent reason wrongly arrived at a decision that the homestead adjunct with chara land being situated in rural...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... Bengal State Acquisition and Tenancy Act inasmuch as the purchase made by two separate Kabalas and two separate cases ought to have been filed by the petitioner. On a review of the evidence led, the trial Court allowed the pre‑emption case in favour of the petitioner against which the opposite pa......97) 74. ..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....se No.275 of 1941 and judgment in Miscellaneous Case No.178 of 1942 and judgment dated 26-5-42 passed in Miscellaneous Appeal No.69 of 1942 are illegal, void and not binding upon the plaintiffs and also for setting aside the same. 3. The case of the plaintiffs. in short, is that lands of CS Khati......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......son Kanah Sarder who left the country for India and as such his share became vested property and they took lease of his share from vested property authority. On consideration of the material evidence trial Court decreed the suit. Being aggrieved by the same some of the defendants preferred appeal an...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi Ebadul Haque J Benode Behari Mondal.......…………………….Petitioner Vs. Arabinda Sarder and others……………………..Opposite Parties Judgment January 3, 1995. Lawyers Inv..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....ed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case No.43 of 1989 convicting three appellants namely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigoro...... That is her husband was Relief Chairman right from 1972 to 1976. He was again re‑elected as Chairman in the year 1984. After her husband took over the charge as chairman, the miscreants, allegedly called members of Sarbahara Party, namely (1) Mujibur, son of Mirash Ali Akhad of village Rajnarikel......ur Rahman, Sadir, Kashem, Surja and Mirash in absentia, under section 302/34 of the Penal Code. The accused persons, who were present, pleaded not guilty to the charge and claimed to be tried. During trial of the case another accused Mirash was arrested and produced before the Court in connection wi......also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....f FIR lodged by opposite party No.2, Area Manager (Seeds) BADC Cantonment Road, Ambagan, Rajshahi with an allegation that while he was walking in his office room about 4 PM on 21‑3‑87, accused persons entered into his room and assaulted him and abused him with filthy language. After assaulting h......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ...... Divisional Manager, BADC and also assaulted him. After investigation, charge‑sheet under sections 143/448/323 of the Penal Code was submitted against the accused persons and before commencement of trial, charge was also framed against them under those sections. The prosecution examined 7 witnesse......ase is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
.... Secretary, Ministry of Home Affairs and others………………………………………………………………….Respondents
Judgment
August 13, 1995.
Result:
The Rule is made absolute.
Lawyers Involved:
Alaluddin, Advocate‑For the Petitioner.
Lasker Fakhruddin Ahmed......n under Article 102(2) (b) (i) of the Constitution the detention of Md. Mamun Rana, son of Muklesur Rahman of No. 44, Lalchan Mukim Lane, police station Sutrapur, District Dhaka Central Jail has been called in question.
2. The detenu Md. Mamun Rana, was taken into custody in execution of an order......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......
Md. Ruhul Amin J
Muklesur Rahman (Md.)…………………………………………………Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………………………………….Respondents
..
Category: Criminal Law | Date: | Hits: 105
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....J Abdur Rahman and others.....................Petitioners Vs. Abdus Sattar and others......................Opposite Parties Judgment February 19, 1995. Result: The Rule is made absolute. Lawyers Involved: A S Md. Ramzan Khan, Advocate‑For the Petitioners. Sufia Khato....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......ing. In the aforesaid Title Suit the present petitioners were not impleaded as party and the preliminary decree was obtained behind their back. The present petitioners filed an application before the trial Court for adding them as a party on the ground that all the properties were not brought into h......tely. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
....t of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs.......................opposite parties
Judgment
January 6, 1994.
Result:
The Rule is made absolute.
Lawyers Involved:
Alaluddin, Advocate‑For the Petitioner.
M. Shamsul Alam, Deputy......f the Code of Criminal Procedure, the detention of one Md. Nazimuddin, son of Kumaruddin of 10/2 Sayedabad, Police station Demra, District Dhaka now detained in custody in Dhaka Central Jail has been called in question.
2. The detention of the detenu, Md. Nazimuddin, has been challenged by the pe......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
......Md. Nazimuddin, has been challenged by the petitioner Mrs. Nasima Akhter (Papi) who happens to be the wife of the detenu.
3. It is alleged in the application that the detenu is a small businessman and a law abiding citizen. He was falsely implicated in an entry in the general diary of the Kotwali..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ecords accordingly were prepared in their names. As one of the co-sharers of the suit holding fell into arrear of rent, certificate case being No. 92 SA 1985/86 was initiated and finally the land was sold in auction in execution of certificate. One Safia Begum, predecessor-in-interest of the plainti......e shifted into the suit land and the induction of tenants all on a single morning was not believable. The High Court Division came to a finding that none of the P.Ws. were natural witnesses of the so-called factum of dispossession and no one from the neighborhood had come forward to support the case...... deed was acted upon, nor did they prove that they took possession of the suit land by virtue of the said deed. 6. The defendants preferred First Appeal No. 292 of 2006 against the judgment of the trial Court before the High Court Division. By the impugned judgment, the High Court Division allowe......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism..Category: Property Law | Date: | Hits: 70
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... petition for leave to appeal has been filed against the judgment and order dated the 25th day of January, 2009 passed by the High Court Division in Civil Revision No.1044 of 2007 making the Rule absolute. 2. Respondent Nos.1-4 as plaintiffs instituted Title Suit No. 190 of 1999 in the Court ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......learned Counsel, appearing for the petitioners, has contended that the learned Judge of the High Court Division failed to consider that the appellate Court without adverting to the finding of the trial Court that Ruhidash and Haridash, the vendors of the plaintiffs had not been in possession of ...... Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....avour of Zogendra Lal Das and Mohendra lal Das. They mutated their names in R.S. Khatian in equal shares. Mohendra Lal Das got 1.36 acres in his share who transferred .80 acre in favour of his wife Josoda Kumari by kabala dated 13th November, 1928. Josoda Kumari while enjoying right, title and posse......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......of the plaintiff could not get possession of the suit land on the basis of the deed of 1928. On appeal from the said judgment by the defendants, the Court of appeal below affirmed the judgment of the trial Court observing that the defendant No.1 proved his possession in pursuance of the deed of gift......also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....o appeal has been preferred by the petitioner against the judgment and order dated the 10th day of November, 2008 passed by the High Court Division in Civil Revision No.4746 of 2004 making the Rule absolute. 2. Facts necessary for disposal of the leave petition are as under: 3. Respondent No.1......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......on nor has got any title in the suit property. All the claims of the plaintiff in this regard are false and as such, the suit was liable to be dismissed. 5. On conclusion of hearing the suit the trial Court by its judgment and decree dated 28.04.2003 dismissed the suit. Being aggrieved by the j......e with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
....efuting the allegations and asserted that he did not neglect in performing his responsibility. The authority found him guilty of the charge and recommended for removing him from the service. He was also served with a second show cause notice against which he asserted his innocence. The authority the......dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......rul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Home, Bangladesh Secretariat, Dhaka and others ........Petitioners Vs. Md. Golam Nabi ..............................................Category: Administrative Law | Date: | Hits: 163
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