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Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ibunal Judge, Court No. 3, Jhenaidah, in Special Tribunal Case No. 29 of 1996, convicting tine accused appellant under section 19 (A) and 19 (f) of the Arms Act 1878 and sentencing him to suffer imprisonment for life for each of the offences. 2. Facts necessary for disposal of the appeal is that ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ned Sessions judge and Senior Special Tribunal Judge, Jhenaidah received the case record from the learned Thana Magistrate on 01.04.1996 and subsequently the Same was transferred to this Tribunal for trial on 10.04.1996 who framed charge under section 19 (A) and (f) of the Arms Act 1878 against the ......s - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhen..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....ুঃ২)" it has been transpired that in between 01.01.1999 to 31.12.1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of Tk. 38,00,00......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......r Special Judge, Dhaka and the said Court having taken cognizance the Special Tribunal Case No. 4 of 2008 has been registered. 5. The case was then transferred to the Special Court No.7, Dhaka for trial. The accused-petitioner, in the course of trial, filed an application before the Special Judge......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....Laksham, Comilla in Miscellaneous Case No.67 of 1983 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Sona Mia, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed Miscellaneous Case No.67 of 1983 un...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......finite knowledge on 27.3.1978 when he came to know obtaining the certified copy of the sale deed as such the case was barred by limitation which was liable to be dismissed. 5. Trial Court during trial framed the following issues:- 1. Whether the case was maintainable in its present form and ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....a Patharghata, Police Station Patharghata measuring 13.73 acres of land belonged to Afezuddin in eight annas share and Mominuddin owned seven annas share and Mati Bibi owned one anna share. Afezuddin sold 2.40 acres of land to different persons and Mominuddin sold 1.60 acres to different persons and......ent and decree dated 07.9.03 passed by the learned Assistant Judge, Patharghata, Barguna in Title Suit No. 30 of 2000 and the case having been concluded on finding of facts as such no interference is called for in Revision under section 115(1) of the Code of Civil Procedure. In the result, the Ru......ional Settlement and State Acquisition Khatian are correct and defendant no. 31 filed a separate written statement and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record p......d. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....r portion of the application the order framing charges on both the counts has been challenged but in the cause title of the application the order dated 4.5.92 passed by the teamed Special Judge Dhaka so far it relates to the framing of the additional charge against the petitioner under section 5(1)(...... by the teamed Special Judge Dhaka so far it relates to the framing of the additional charge against the petitioner under section 5(1)(e) of the Prevention of Corruption Act (Act II) of 1947 has been called in question and Mr. Moudud Ahmed, the learned counsel for the accused petitioner, concentrate......further charge, submitted that the impugned order does not suffer from any illegality and impropriety and hence the Rule is liable to be discharged so as to enable the prosecution to proceed with the trial. Both the learned counsel and the Attorney‑General made their best efforts to substantiate t......site Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17 DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah ..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....ntested the suit by denying the relationship of landlord and tenant with the plaintiff. He claims that in 1972 he entered into the premises as monthly tenant of one Parimal Bhattacherjee who later on sold his interest to Abdus Salam and others and from July 1970 he was attorned to the said Abdus Sal...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......btional. 8. Mr. Momtazuddin Ahmed, the learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence t......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
.... No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cases Referred to- Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994)67; Quad......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......de of Criminal Procedure. 6. After publication of notification in the official Gazette, the Upazilla Magistrate, Balaganj, Sylhet transferred the case record to the District Magistrate, Sylhet for trial. Since the case was triable by the learned Judge of the Special Tribunal, the District Magistr......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....ve petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order passed by the High Court Division in Civil Revision No. 1490 of 2006 making the Rule absolute. 2. In the Civil Revision No. 1490 of 2006 the judgment and decree dated 31.01.2006 passed......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......tiff-appellant hereof filed the Title Suit No.28 of 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amo......e High Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Kulsum Banu Bibi and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and ..Category: Property Law | Date: | Hits: 94
....h Court Division are that the plaintiff instituted Other Class Suit No.247 of 1993 in the Court of learned Senior Assistant Judge, Natore Sadar, Natore against the opposite party No.1 and the predecessor of the opposite party No.2 for Specific Performance of Contract stating, inter alia, that the su...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... 13,00,000/- (Taka thirteen lac). In order to grab such valuable property, the plaintiff has created a forged bainanama and filed the false suit, which is liable to be dismissed with costs.
5. The trial Court dismissed the suit.
6. On appeal being Title Appeal No.164 of 1998, the appellate Cou......hul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
Nurun Nahar Khan………………………………….Petitioner
Vs.
Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Respondent
Judgment
April 21, 2009.
Lawyers ..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....tro. Special Tribunal Case No.346 of 2007 arising out of Mirpur Police Station Case No. 26(1)2007 convicting him under sections 19A and 19(f) of the Arms Act and sentenced him to suffer rigorous imprisonment 10 years and for 7 years respectively to run concurrently. 8. A Division Bench of the Hig......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ...... against the accused respondent and his wife Most Rumana Monowar alias Rumana Akter under Section 19(f) of the Arms Act. 5. The case was transferred to the Court to Metro. Special No. 7, Dhaka for trial and the same is numbered as Metro. Special Tribunal Case No. 386 of 2007, who framed charges, ...... Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscell..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....and decree of affirmance dated 24.4.2004 passed by the learned District Judge at Narayangonj in Money Appeal No.02 of 2002 should not be set-aside. 2. The facts of the case, in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money Suit No. 14 of 1986 in the Cou......ooked. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand which is lacking in the present case. Furthermore, on a careful per......ndant for realization of a sum of Tk.1,56,569.38 on the averments that the plaintiff is a limited company incorporated under the Companies Act, 1913 which was subsequently nationalized under the Industrial Enterprise (Nationalization) Order 1972 (President's Order No.27 of 1972) and placed under Ban...... Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..For the Opposite Party. Civil Revision No. 2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.)..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
.... her. 2. One Abdul Latif Chowdhury, paternal grandfather of opposite party Nos.1 to 8 and father of opposite party Nos.9 and 10 as plaintiffs brought the suit. The original defendant No.1, predecessor of the petitioners and defendant No.15 opposed the claim of the plaintiffs by filing 2 separate ......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......s revisional application. 5. It is submitted on behalf of the petitioners that in view of abatement of the suit taking place owing to non‑substitution of the heirs of the deceased defendant, the trial Court has committed an error of law resulting in an error in the decision occasioning failure ...... Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai and others, AIR 1940 PC 215. Lawyers Involved: Mohammadullah with Moha..Category: Civil Law | Date: | Hits: 93
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....ourt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 19......then also the accused cannot be convicted on such evidence.” In the case of Hasan Ali and another reported in 38 DLR 235 accused appellants were alleged to have gone to the house of the victim, called and brought him out and took him with them in the evening of 22.12.81. and the dead body was ...... the appellants and several others. 3. The police after investigation submitted charge sheet under sections 302/201/34 of the Penal Code. The condemned prisoners along with 3 others were placed on trial having been charged under sections 302134 and 201/34 and 120B of the Penal Code to which they ......ported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
..... With the said application the plaintiff filed a written objection to the said prayer of the defendant dated 15.5.90. This was rejected with the order that the defendant may provide cash security if so advised. Again, an application was filed for release of the attachment order by furnishing bank g......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......s either on the pleadings or "otherwise‑ in rule 6 enable us not only to Fee the admission made in pleadings or under rules 1 to 4 of the same Order but also admissions made else‑where during the trial. We are, therefore, entitled to see the appellants reply dated 10th March, 1959 to the applica......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint had stated, inter alia that Bishnu Kapali was the original owner of the suit jote and he died leaving behind a son Nagarbashi Kapali and a daughter Ananta Bala who became the successors of Bishnu Kapali who so......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......een duly recorded in the name of government as khas khatian No.1. The defendants as such have prayed for dismissal of the suit. 5. The plaintiff and defendants adduced witnesses before the learned trial Court and all the witnesses were cross-examined by the parties. 6. The trial Court on consi......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
....mant lodged a first information report with Kaligonj police station against one Ratan Das and others alleging, inter alia, that on 3-7-1992 at 10-30 PM accused Ratan Das along with 200/300 unknown persons being armed with deadly weapons forcibly entered inside the National Jute Mills and exploded co...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......ne being No.70 dated 30-9-1992 under sections 147,148,149,448, 323, 427 of the Penal Code and another being No.71 dated 30-9-1992 under sections 3, 4 of the Act. 5. The instant case is pending for trial before the Special Tribunal No.2 Gazipur, wherein on 10-7-1993, charge under sections 3, 4 of ......m, Assistant Attorney-General—For the Opposite Party. Criminal Revision No.1100 of 1993. Judgment Syed Md Ziaul Karim J.- By this Rule, the accused petitioners have challenged the legality and propriety of the order of framing charge dated 10-7-1993 against them under sections 3, 4 of the..Category: Criminal Law | Date: | Hits: 71
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....d by the Senior Assistant Judge, Second Court, Bogra in Partition Suit No. 248 of 1969 decreeing the suit. 2. This revisional application arises out of the following facts: On 30-5-1969 predecessor of the opposite party Nos. 1-10 as plaintiff instituted, Other Suit No. 248 in the Court of the ......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......before the learned District Judge, Bogra and the appeal was heard by the learned Additional District Judge, who by the judgment and decree, allowed the appeal, and sent back the suit on remand to the trial Court. 5. After remand the trial Court, by the judgment and decree dated 28-10-1995 and 2-1...... once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ..Category: Property Law | Date: | Hits: 72
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.....03 of 2001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2. The respondent No.1 Elders Limited filed Trade Mark Application......9 in Class-29 with effect from 12-7-1989 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-1996. That KAS Dairies Ltd (hereinafter called "the company") also obtained registration of the similar mark from the Trade Mark registry be......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another........Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....house with illegal arms. The informant and other accompanying force then went to the house of terrorist Nasir and arrested him from there and interrogated him and Nasir then confessed that he had some illegal arms and ammunitions in his possession which he kept concealed in a heap of garbage l......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......stigated that case and after completion of investigation submitted charge sheet against the accused-petitioner Md. Nasir Uddin under Section 19A and 19(f) of the Arms Act. The case became ready for trial and it was ultimately transmitted to the Special Tribunal No.7, Narayangonj for trial. The c......n, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) ..Category: Criminal Law | Date: | Hits: 64
....ndant Nos.2 and 3 respectively of the Artha Rin Case. On the death of Dr. Abdul Kadir, the present petitioners as, the heirs have been substituted as defendants. The other mode of security was the personal guarantee of defendants Nos. 2-8 of the said Artha Rin Case including deceased Dr. Abdul Kadir......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......de in that judgment:
“We have examined section 13 of Artha Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only when the defendants admit the claim of the plaintiff financial institution. When the borr......n: 64 DLR (HCD) (2012) 116.
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Category: Civil Law | Date: | Hits: 147
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