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State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... upon such a review a reasonable doubt is created the accused is entitled to acquittal. Merely because the shot fired by the accused caused, cannot be said that the accused is guilty of exceeding his right of self-defence. The weapon used the manner of using it, the nature of assault and other surro......he Guard Shahjahan (accused). Shamsul Alam and Shamsul Islam entered into the Bank to hand over required cash leaving the convict-appellant in the baby taxi with the rest cash. All on a sudden, the informant heard a shooting sound and saw some person entering into the Bank holding the accused with r...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......15), on completion of the investigation, submitted charge sheet on 16-11-1998 against the condemned prisoner under sections 302/307 of the Penal Code. Thereafter, the condemned-prisoner was placed on trial before the Sessions judge, Luxmipur having been charged under sections 302/307 of the Penal Co..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....593. 5. Before we decide the legal points, let us consider whether or not there is sufficient ground for proceeding against accused Mofizur Rahman or that the learned Additional Sessions Judge has rightly discharged him. Accused Mofizur Rahman has been arrayed as accused serial No. 1 in the first......awyers Involved: Raquibul Haque Miah, Advocate—For the Petitioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......er sections 304/379/34 of the Penal Code against all the first information report named accused persons by order dated 25-5-2000. The case record was eventually sent to the learned Sessions Judge for trial. Before the Additional Sessions Judge, 3rd Court, Chittagong who received the case record for ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......st the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops ther......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......aint and also for possession thereof. 3. Plaint case, in short, is that the land comprising of 11 plots as described in schedule-1 to the plaint measuring about 35.35 decimals consisted of an industrial unit, namely, Rupkatha Cinema Hall at Comilla. In 1977, the Ministry of Industries took over p..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....t the impugned act of Mr. Anwar Hossain to continue as the Executive Director-II of the Company and also as the Printer, Publisher and Editor of the Daily Ittefaq is also violative of the fundamental right of press freedom under Article 39(1) of the Constitution and the writ petitions under referenc......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of......tition Nos. 3773 of 1996 and 3834 of 1999 are not maintainable under Article 102(2) (a) of the Constitution inasmuch as the impugned acts or omissions were not committed by Mr. Anwar Hossain in the affairs of the Republic or a local authority as required under Article 102(2) but in relation to or in......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......desh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared......ising out of the first information report, must be quashed as the first information report, and the other materials do not disclose any offence under the Act and, as such, no investigation into the affairs of the firm under the Act can be permitted or allowed to be continued. I accordingly, quash th......r before the Court which is at a far off place in Ghazipur in the State of Uttar Pradesh, seek their release on bail and then to either move an application under section 245(2) of the Code or to face trial when the complaint and the preliminary evidence recorded makes out no case against them. It is..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....t naught the impugned order unless it is found that the impugned order suffers from patent illegality. The learned Advocate further submits that the Court below taking a correct view of law and facts rightly rejected the prayer for injunction inasmuch as in the facts and circumstances of the case th......J.- This Rule is directed against order dated 29-8-2001 passed by the then 4th Subordinate Judge (Now Joint District Judge), Dhaka, in Title Suit No. 10 of 2001 rejecting the petitioners' application for injunction filed under section 151 of the Code of Civil Procedure (hereinafter called "the Code"......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......f the Code for restraining the defendants from evicting the petitioners from the said land until payment of compensation of Taka 1.70.50.000 is paid and that prayer for injunction was rejected by the trial Court by the impugned order. 5. Being aggrieved by that order the petitioners moved this Co..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....duled land for a long period of time and that the opposite parties never violated the injunction nor did they make any construction work. It is further stated that the learned Court below legally and rightly issued the notices to the opposite parties and that the order passed by the learned Addition...... the learned Additional District Judge, Bankruptcy Court. Chittagong. in Civil Revision No. 88 of 2004 in issuing notices upon the opposite party No. 1 to 3 by the learned District Judge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......limsy grounds for issuing notices by the learned Additional District Judge upon the opposite parties Nos. 1 and 3 which shows that the petitioners have filed the revisional case in order to delay the trial of the suit and to cause harassment to the other parties and thus the petitioners have not com..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... the doctor PW 5. Md. Abdul Hai who after holding post mortem on the dead body of the victim opined that the injury was antemortem and homicidal in nature. In such view of the matter, the trial Court rightly held that the deceased was done to death and it is not a case of suicide. 34. Now, even i......- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the 1st Court of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for continuation of the sentence of death imposed upon the accused Abdul Mannan alias Mona Miah, son...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......98 which he proved as Exhibit 1. The police after investigation submitted charge-sheet under section 10(1) of the Nari-o-Shishu Nirjatan Ain, 1995 and the condemned-prisoner and others were placed on trial before the 1st Court of Additional Sessions Judge, and Nari-o-Shishu Nirjatan Daman Bishesh Ad..Category: Criminal Law | Date: | Hits: 96
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ibunal, Rajbari in Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 conviction the petitioner under section 9 (1) of the Nari-O-Shishu Nirjatan Damon Ain,2000 and sentenced him to suffer imprisonment for life with a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 (two) year mor...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... sheet against the accused petitioner under section 9 (1) of the Nari-O-Shishu Nirjatan Nirjatan Daman Ain, 2000 and the case was transmitted to the Nari-O-Shishu Nirjatan Daman Tribunal, Rajbari for trial and renumbered as Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 wherein a charge was so fra..Category: Criminal Law | Date: | Hits: 57
Yusuf Mia 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: ......nst 12 accused persons along with 4/5 others alleging inter alia that due to previous enmity his younger brother Md. Sahadat Hossain, Word Commissioner of Ward No.90 of Dhaka, has been killed by the aforesaid accused persons on 29.9.2002 at about 17.00 hours in the evening, hence the case. 3. Dur......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: ......nder section 302/34/120(Kha)/109 of the Penal Code against 12 accused persons including the petitioner. 4. Thereafter the case was transmitted to the court of Druta Bichar Tribunal No.4, Dhaka for trial and registered as Druta Bichar Tribunal Case No.28 of 2004. Thereafter on an application filed..Category: Criminal Law | Date: | Hits: 50
Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse 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: ......arged on bail in Sessions Case No. 36 of 2009 arising out of G.R. Case No. 214 of 2007 corresponding to Anwara P.S. Case No. 15 dated 13.10.2007 under section 395/397 of the Penal Code, now pending before the learned Special Sessions Judge, Chittagong. 2. In a case under section 395/397 of the Pe...... to cancel the bail, if the accused petitioners misuse 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: ......s implicated in this case on the disclosure of their name by accused Md. Abdul Gafur and thereafter been arrested in this case on different dates since then they are in custody. Although in this case trial was started long before but till now one P.W namely Md. Nizam Uddin was examined in part and t..Category: Criminal Law | Date: | Hits: 49
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....sal. The learned Assistant Attorney General, however, appears for the State and submits that the prosecution has proved its case beyond reasonable doubt, and as such the learned Judge of the Tribunal rightly passed the impugned judgment and order of conviction and sentence, which does not call for a......………………………………………...Respondent Judgment February 24, 2011. Lawyers Involved: Not represented- the appellant. Md. Jashimuddin, Assistant Attorney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This a......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......0 dated 6.4.1999. 3. The police, after investigation submitted charge sheet on 21.5.1999 against the sole appellant under sections 19 (a) (f)/ 19 A of the Arms Act. The case, after being ready for trial, was sent to the Metropolitan Special Tribunal No. 1, Dhaka, wherein it was numbered as Metrop..Category: Criminal Law | Date: | Hits: 44
....osed of by the Additional District Judge allowing the appeal and setting aside the decree passed by the trial Court and thereby decreed the suit vide judgment and decree dated 22.3.1997 declaring the right, title and interest of the plaintiffs in the suit land and ordered for recovery of khas posses......(1990) 434; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the ......rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105....... No.107 of 1998 in the Court of District Judge, Munshiganj, which on transfer was heard and disposed of by the Additional District Judge allowing the appeal and setting aside the decree passed by the trial Court and thereby decreed the suit vide judgment and decree dated 22.3.1997 declaring the righ..
Category: Property Law | Date: | Hits: 81
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....mstances when the transaction was under by Moazzal banking system and when there is material in the agreement Ext.1 for the termination of the damages we hold that the trial Court was not correct and right in refusing to award damages as prayed for. Following the decision of our Appellate Division, ......ite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts ...... proof rests on the facts and circumstances of each case. It there is no marker on the due date or no direct evidence is forthcoming the Court is not precluded from arriving at the real rate that can fairly be gathered from the evidence and circumstances of the case. It is submitted that the basis o......at he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts and mater..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......esponding to Kotwali PS Case No. 24 dated 09-08-1991, convicting the accused-appellants along with three others under section 395 of the Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and also to pay a fine of Taka 1,000.00, in default to suffer rigorous imprison....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......ainst the accused-appellants and 12 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 materials available on record framed charge against the accused-appe..Category: Criminal Law | Date: | Hits: 67
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....ing granted to the appellant he would neither abscond nor would he in any manner misuse or abuse the privilege of bail. Mr. Dastagir argues that the appellant is entitled to be enlarged on bail as of right inasmuch as the alleged offence is a bailable one. It is not at all an offence under the Speci......ocess the appellant took out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under s......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......ode and in the Special Powers Act leads us to only one conclusion that the legislators felt it necessary and expedient to include those Penal Code offences into the Special Powers Act for more speedy trial and effective punishment and that is why those were included in the subsequent special enactme..Category: Criminal Law | Date: | Hits: 72
....ade out in their respective pleadings we need to fram the following issues for determining the matter in controversy between the parties:-
i) Whether the defendant decree holders have waived their right to proceed on with the other execution case No. 20 of 1985 pending before the sub-ordinate jud......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
...... due execution of agreement by the sellor and payment of earnest money or entire consideration money. In the earlier suit those requirements have been proved and the judgment and decree passed by the trial court allowing specific performance of contract has been affirmed by the appellant Division. N..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....ith law” (Article 32); "no person shall be subject to torture or to cruel, inhuman or degrading punishment or treatment" (Article 35(5); “every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by ......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho......: Md. Imman Ali J Sheikh Abdul Awal J Bangladesh Legal Aid and Services Trust (BLAST) and another ..........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others ....... Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the case brought against the convicted detenu are no longer of much relevance since on the evidence adduced at the trial the guilt of the accused was accepted as proved beyond doubt and the sentence of death awarded..Category: Criminal Law | Date: | Hits: 128
Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......rs Act, against the order dated 11.11.2010 passed by the learned Special Tribunal, 3rd. Court, Kushtia in Special Tribunal Case No. 188 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case in short is that on 19.06.2010 one S. I. Ziaul Ahs......1.2010 subsequently arms was recovered, when a number of peoples were present there but the arms was not recovered from the exclusive possession and control of the appellant and the appellant has got fair chance of acquittal in this case and there is no certainty as to when the trial will be commenc......here but the arms was not recovered from the exclusive possession and control of the appellant and the appellant has got fair chance of acquittal in this case and there is no certainty as to when the trial will be commenced and as such the appellant may be enlarged on bail. 6. The learned Assista..Category: Criminal Law | Date: | Hits: 91
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......pecial Tribunal Case No. 174 of 2010 arising out of G. R. Case No. 147 of 2010 corresponding to Teknaf P.S. Case No. 05 dated 2.5.2010 under section 19 A and (f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. A magazine containing 7 bullets and a polithine bag containing 8 ye......hat on perusal of the seizure list along with FIR since it does not disclose that the alleged article was recovered from the specific control and possession of the appellant and the appellant has got fair chance of acquittal in this case but the trial court while rejecting the prayer for bail failed......earned advocate appearing for the appellant submits that in this case charge was framed on 03.10.2010 and till the last date not a single witness was examined and there is no certainty as to when the trial will be commenced. He further submits that on perusal of the seizure list along with FIR since..Category: Criminal Law | Date: | Hits: 57
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