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Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....nt Nos.1 and 2 under section 19(a) and (f) of the Arms Act and the appellant No.3 under paragraph 6 of the Schedule to the Special Powers Act, 1974 and sentencing each of them to suffer Rigorous Imprisonment (RI) for 12 years and also to pay a fine of Taka 5,000.00 in default to suffer Rigorous Impr......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......s Act and under sections 3 and 4 of the Explosive Substances Act. When charge was framed in this case against the accused persons, those accused who were present pleaded not guilty and demanded their trial. The prosecution then produced 15 witnesses, 3 were tendered and others were examined and cros......connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....tion and sentence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay fine of Taka 3000.00 in default to suffer RI for one year more. ......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay fine of Taka 3000.00 in default to suffer RI for one year more. 2. The appellant was absconding and trial was held in his absence after observing the formalities. Subsequently, he was arrested and the...... Md. Mustafa, Assistant Attorney-General — For the State. Criminal Appeal No. 1026 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the Judgment, order of conviction and sentence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 ..Category: Criminal Law | Date: | Hits: 74
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
.... No.16(2)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous impri...... is that on the night following 16-3-1988 informant Md. Abdul Malek Bhuiyan was sleeping with his wife and other members of his family in his west Bhiti hut and at about 12-30 AM his servant A. Baset called out to open the door, but this daughter Selina forbade him to do so whereupon he looked throu......against the accused-appellants and others under sections 395/397 of the Penal Code, since prima facie case was made out against them. 4. The case record ultimately came to the file of the present trial Court who on the basis of the materials available on record framed charge against the accused-....... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....hmed Khan, Advocates — For the Petitioner. Md. Khalequzzaman, Advocate — For the Objector. Matter No.150 of 1997. Judgment Md. Joynul Abedin J.- The petitioner by this application has sought to review the judgment and order dated 7-2-1999 whereby this Court declared the annual genera......aforesaid annual general meetings held on 29-9-98 could not be held to have been vitiated even if the balance-sheet, profit and loss account and the director’s report were not approved in a validly called board meeting due to non-service of notice of such board meeting on the objector as a directo......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (..Category: Company Law | Date: | Hits: 186
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....handokar, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which convicted the appellant under section 489B of the Penal Code and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Taka 1,000 in default to suffer further period of th......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......lso doubted the note to be fake. Thereupon, there was an altercation, which was followed by a scuffle. Ultimately, the appellant was captured and handed over to the police with the note. 3. In the trial, the appellant was charged under section 489(b) of the Penal Code to which he pleaded not guil...... Result: The appeal is allowed. Jail Appeal No. 3363 of 2001. Judgment Md. Abdur Rashid J.-This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 2‑7-2001 passed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court N..Category: Criminal Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
.... to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High Court Division in Writ Petition No. 3969 of 2009 making the Rule absolute. 3. The sole respondent as writ-petitioner filed the above mentioned writ petition before ...... Writ Petition No. 3969 of 2009). Order Md. Abdul Wahhab Miah J. - Delay of 265 days in filing the leave petition is condoned. 2. In this petition for leave to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High ......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman……........................Category: Employment/Service Law | Date: | Hits: 86
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....eikh and others………………………Petitioners Vs. Md. Majibur Rahman and others…………………….Opposite Parties Judgment June 14, 1998. Result: The rule is made absolute. Lawyers Involved: Khaleque for SS Halder, Advocate- For the Petitioners. Not Repres......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......-8-86 passed by the Munsif, Sherpur in Partition Suit No.28 of 1984 decreeing the suit. By this impugned judgment the learned District Judge allowed the appeal and sent back the case on remand to the trial Court for a fresh trial. Being aggrieved by the aforesaid judgment and order, the defendant-pe......the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...Category: Property Law | Date: | Hits: 75
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
.... Md. Awlad Ali J Abdul Majid Mondal………………Petitioner Vs. State and another……………….Opposite Parties Judgment May 12, 1999. Result: The rule is made absolute. Case Referred to- Abul Bashar and others Vs. Hasanuddin Ahmed and others, 51 DLR (AD)......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......in favour of the opposite parties and then an appeal was taken by the defendant in the suit being other appeal No.58 of 1994 and the appellate Court allowed the appeal and set aside the decree of the trial Court and consequently the suit for permanent injunction was dismissed. Against the Appellate ...... DLR (HCD) (1999) 287...Category: Criminal Law | Date: | Hits: 237
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....should not be quashed. 2. Petitioner Sree Bimal Chandra Adhikari was Godown/Store Keeper of BADC (Irrigation Berunia), Sub-unit in Police Station Bhaluka, District-Mymensingh and that while he was so posted he was said to have misappropriated gallons Diesel Oil and 11.4 gallons mobil oil valued T......al Revision No.622 of 1997. Judgment Md. Ruhul Amin J. - In this Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure opposite party (The State) has been called upon to show cause as to why the proceedings of Special Case No.16 of 1994, arising out of Bh......port on 28-11-1992 against the petitioner under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act (II of 1947), hereinafter referred to as the Act. 4. At the trial charge was framed under section 409 of the Penal Code and section 5(2) of the Act against the ......d at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....and order dated 15-6-93 passed by the Magistrate of the 1st Class, Rajoir convicting the accused petitioners under section 447 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment (RI) for one month and further convicting the accused petitioners under section 379 of the P...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......him. The accused persons also caused damage to his unripe Nyatpasha paddy causing him a loan of Taka 3000.00 and hence the case. 3. On the aforesaid allegations the accused petitioners were put on trial before the learned Magistrate, Madaripur in CS Case No.115 of 1992 (TR No.2 of 1992) to answer......wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
....XVI of 1957), hereinafter in brief the Act, asking the petitioner to submit statement of properties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time. Pe...... Criminal Revision No.489 of 1990. Judgment Md. Ruhul Amin J.- In this Rule, issued upon an application under section 439 of the Code of Criminal Procedure, Deputy Commissioner, Dhaka has been called upon to show cause as to why the order dated 5-6-1990 passed in Anti-Corruption Tribunal Case...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......l Procedure, Deputy Commissioner, Dhaka has been called upon to show cause as to why the order dated 5-6-1990 passed in Anti-Corruption Tribunal Case No.1 of 1990 of the Court of Senior Special Judge and Senior Special Tribunal (Anti-Corruption), Dhaka refusing to discharge the accused-petitioner fr..Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....cution case, in short, is that informant P.W.1 Ali Akbar lodged an First Information Report with Gaffargaon PS on 14-3-89 at 11-30 PM stating that at about 3-30 PM on that day nephew P.W.5, Tofazzal, son of his cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at th......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......currence. 3. Police after investigation submitted charge sheet against accused Kader, Matin, Shamsu, Halima Khatun and Firoja Khatun under sections 447/302/326/307/114/34 of the Penal Code. At the trial accused opposite parties were charged under the aforesaid provisions of the Penal Code to whic...... 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....m and at about 9-00 PM he was handed over to the custody of the PS on the next day i.e. on 21-1-96. Major Monir came to the PS with his force and took away the accused from the PS and the informant also accompanied them and went to the northern side of the Courtpara Ferryghat and after interrogation...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... the provisions of Police Act and Police Regulations. Since no objection was taken in respect of the lodging of the FIR and investigation of the case at the initial state we find no illegality in the trial of the case as the Special Tribunal had jurisdiction over both the PSS in question which are w...... Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 ..Category: Criminal Law | Date: | Hits: 73
....…Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD)...... 9 of 1982 and all actions taken under the said MLO having been protected by the Fourth Schedule of the Constitution enacted by the Constitution (7th Amendment) Act, 1986 the impugned order cannot be called in question by any court and as such, the writ petition is not maintainable; that the petitio......nt places. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Controller of Vagrancy i......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Golam Mostafa Miah (Md.) ……………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is ..
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
.... (1999) 244.......nd it was a probability and that after getting serious injury like head injury, etc. which may cause his death, if the injured person can move quarter mile or half a mile even, then this condition is called “volition.” 21. We have noticed that the autopsy report does not corroborate the secon......arhad, (6) Iqbal, (7) Safiul, (8) Mohan, (9) Aziz, (10) Munsurur Rahman Khan alias Reju, (11) Md. Badruzzaman alias Chand Miah, (12) Keramat Ali Talukdar, and (13) Md. Zahiruddin Akand were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.131 of 1988, Accused No.11......sent: Md. Gholam Rabbani J Nurul Islam J State……………Appellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sen..Category: Criminal Law | Date: | Hits: 74
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....ivision (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J State………………Petitioner Vs. Sree Ranjit Kumar Pramanik…………………Condemned Prisoner Judgment November 10, 1991. Result: The reference under section 364 of the Code of......arket. After shopping he sent his brother back with the purchased goods while he himself attended a meeting at Talkhari High School from its west side. At about 6‑30/7‑00 PM in the evening he was called away by the accused Ranjit Kumar. This was seen by several persons, After the meeting when th...... sections 302/34 of the Penal Code. 4. The prosecution examined in all 15 witnesses including the Investigating Officer and the defence examined none. A lawyer for the defence was appointed by the trial Court and the case was heard. 5. Mr. Abu Sayeed, the learned Advocate, volunteered to appea...... 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others..Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....r Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334 and the case of S Joga Moya Debi and others Vs. SDD Singh Hazari and others, 36 DLR 272 set aside the judgment and order of the Trial Court. He also cites the case of Yakub Khan and others Vs. Amjad Ali and others, 27 DLR 164 to contend that in a......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......ection. Their case was that the case under section 96 of SAT Act was barred by limitation and they were benamder of his father Lal Mahmud who was a co‑sharer in the holding in possession. 3. The trial Court dismissed the case on contest on 20.7.82. The pre‑emptor's Miscellaneous Appeal No.382......s to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....b J Janab Ali & others…………………Petitioners Vs. Arju Miah & Others…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and other......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......e said ex parte decree in Title Suit No.149 of 1972. 5. On consideration of the pleadings of both the parties and the documents filed by them the prayer for temporary injunction was allowed by the trial Court. On appeal, the judgment and order of the trial Court was confirmed by the Subordinate J......ers…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Involved: Azizur Rahman Chowdhury, Advocate ‑ ..Category: Property Law | Date: | Hits: 61
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
.... any Court or authority, when in the next breath all interlocutory orders, appellate and revisional, are supposedly made amenable to the revisional jurisdiction of the High Court Division. There is also scope for further argument that revision is impliedly barred because the Adalat Act being a speci......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim of loan by the financial institutions which include banks. No special procedure has been provided for trial of Artha Rin suits under the said Ain. But to expedite disposal of those suits certain provisi......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
.... by the learned Additional Sessions Judge, Rajshahi in Sessions Case No. 78 of 1990 convicting the accused appellant under sections 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 1,000 (Taka one thousand) in default to suffer rigorous i......dent took place when she was sleeping with her husband, the victim, and the children in the house. The accused persons entered into the house by breaking the door. The victim was in the ceiling. They called the victim Abu Bakar by his name. The accused persons entered into the room through another r......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......tar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involve..Category: Criminal Law | Date: | Hits: 71
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