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State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused Ashraf Ali son of late Abesh Ali, Ataur Rahman son of late Idris Ali @ Idi Fakir, Ashraf alias Raja son of late......e was on “বিট ডিউটি” and they saw the focus of a torch light from ‘Halatir Bill’ and they thought that the dacoits were preparing to commit dacoit in the village and they called the village people and forwarded to wards the light of torch. Suddenly, they saw that one per......ainst nine persons but 4 (four) accused persons of them have filed two separate Criminal Revision before this Court and obtained rule and order of stay and eventually the present convicts were put on trial before the learned Judge, Druta Bichar Tribunal, Rajshahi and the learned Judge of the Tribuna......isdiction) Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent Ashraf Ali and others..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....g Court, Comilla on 11.10.92 in Special Tribunal Case No.109 of 1991 convicting the accused appellants under section 25B(2) of the Special Powers Act, 1974 and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5,000.00 each, in default to suffer n0rois imprisonme......P.W.13 went away with his force along with the accused persons and the seized articles. 22. In cross‑examination he stated that before entering 'Lutfa House' none of the respectable persons were called and did not search the bodies of the search party. He also stated that the seizure list could......FIR Ext. 1 with the Kotwali Police Station. 3. The police after investigation, submitted charge sheet against the accused appellants under section 25B of the Special Powers Act, 1974. 4. During trial charge was framed against the accused appellants and 2 others, since acquitted, under section ...... This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 for declaration of title in the suit land and also for a declaration that the defendants have got no right, title and interest in the suit land. ......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......of Civil Procedure for striking out the written statement filed by the contesting defendants on the allegation that the defendants did not supply the interrogatories as prayed earlier and the learned trial Court rejected the application. As against that the plaintiff‑petitioner preferred Miscellan...... in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....or General by the District Judge, Manikganj on 10.6.87 in Trust Act Case No.1 of 1986.
2. The case of petitioner in short is that:
On the death of Hemendra Lal Roy Chowdhury, the only childless son of late Sakhi Lal Roy Chowdhury, a Zaminder of village Baliati in the District of Manikganj whic......i with an observation that though the genealogy disclosed in the written objection by the added opposite party supports the case of written objection a trustee may be appointed for the Trust property called "Hernendra Lal Homoeopathic Databya Chikitshalaya" on the prayer of real beneficiary as defin...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....li J. - This criminal appeal, by leave, is directed against the judgment and order dated 30.01.2008 passed by the High Court Division in Criminal Miscellaneous Case No. 4296 of 2006 making the Rule absolute arising out of G.R. Case No. 393 of 2005 corresponding to Kotwali Police Station Case No.16 (......ropolitan Magistrate, Chittagong. 2. Facts of the case, in brief, are as follows: On 11.08.2004 at 3.40 p.m. the District Task Force upon receiving secret information raided the Jewellery Shop called “Nath Jewellers” owned by Sree Ram Krisna Nath (Ram Babu) at Khatunganj Boxirhat, Chittag......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Sala..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ing aside the said deed alleging that the plaintiff was the owner of the land as described in the schedule of the plaint. He was an old man of 90 years and he was suffering from various diseases. His sons Abdur Rahim, the petitioner and Abdul Mannan, the defendant No. 5 had been serving in Saudi Ara......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......g for transposition of his name in the category of the plaintiff. On the other hand on 2.6.2008 the defendant Nos.1, 2, 6 and 7 filed an application for noting the order of abatement of the suit. The trial court rejected the defendant No.4 petitioner’s application and allowed the prayer for noting...... Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....uch as the pre-emptor had the knowledge of the sale from the very beginning of the sale, (ii) the pre-emption case is barred by principle of estoppels, waiver and acquiescence and (iii) the case is also bad for defect of parties inasmuch as some of the co-sharers being the heirs of Jonab Ali and Abd......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ...... 5. On appeal, Miscellaneous Appeal No.6 of 2007, the learned Joint District Judge, Manikganj by the impugned judgment and order dated 3.02.2010 dismissed the appeal and affirmed the decision of the trial Court below. 6. Being aggrieved by the aforesaid judgment and order the present opposite pa......urt High Court Division (Civil Revision Jurisdiction) Present: Sheikh Abdul Awal J Saijuddin Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases R..Category: Property Law | Date: | Hits: 62
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....an Ali J. - This appeal, by leave, is directed against the judgment and order dated 24.06.2003 passed by a Division Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr. A. K. M. Harun-or-Rashid (respondent No.1 herein) filed the Writ Petition No.2146 ......rded in the school register as 30.11.1942; that the matriculation certificate issued by the Board in the year 1964 and the date of birth contained therein is the basis of his date of birth and the so-called affidavit was forged, fraudulent and ante-dated and the same was never acted upon. It was fur...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......zammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others………..Category: Employment/Service Law | Date: | Hits: 58
....ars of the requisition of their lands no alternative rehabilitation plot was allotted. The petitioners, however, learnt that the authorities were taking step to transfer the land under requisition to some other persons and they were threatened with eviction forcibly from the land on 28.11.80. The pe......rney‑General ‑ For the Respondents.
Writ Petition No. 339 of 1985
Judgment
AM Mahmudur Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing f......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......lso Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....…………………………Respondents Judgment July 20, 2011. Cases Referred to- Bihar and others Vs. Sri Radha Krishna Singh and others, AIR (1983) SC, 684; John Cockrane Vs. Hurrosoondurri Debia (1854-57) 6 Moo Ind App (Moor’s Indian Appeal) 494; Jogendro Deb Roy Kut Vs. Funin......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......lowing a saham for 37.06 acres of the land to the plaintiffs and for 39.70 acres of land to defendant Nos.3, 1-8, 20 and 30. 6. Being aggrieved by and dissatisfied with judgment and decree of the trial Court, the defendant preferred First Appeal No.55 of 1980 before the High Court Division and t......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal is dismissed. Lawyers Involved: Ms. Ok-Kyung Oh, in person-For the Appellant. M. Amir-ul Islam, Senior Advocate with Ms. Tania Amir, Advocate instructed......edure as exercised by him by the impugned notice and, therefore, no illegality has been committed by the High Court Division in passing the impugned judgment and order and as such, no interference is called for with the same by this Court and the appeal be dismissed. 9. In view of the points on ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....…Respondents Judgment March 20, 2011. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Barrister Nazmul Huda, in person, Senior Advocate with Md. Ashanur Rahman, Advocate- For the accused-appellants. Md. Momtaz Ud......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......d the defence examined witnesses including the appellant Nos.1 and 2 to establish that the above mentioned case is false and fabricated one and the proceedings were totally out of jurisdiction. The trial was held under the Emergency Ordinance, 2007 which has happened while the Emergency is in forc......also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....d the Appellate Division Judgment Here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.............nship (Temporary Provisions) Order 1972 (PO 149 of 1972) was made by the President and published in the Official Gazette on the 15th December, 1972 which is as follows: “1. (1) This Order may be called the Bangladesh Citizenship (Temporary provisions) Order, 1972. (2) It shall come into forc......isturbances in the then East Pakistan in the year 1964 they temporarily took shelter in India but came back to Pakistan to their village home within a short time when the condition became normal. The trial Magistrate found them guilty of offence under section 14 of the Foreigners Act and on appeal t...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....abati Kumari, 1964 AIR (SC) 61; 1960 PLD (Dhaka) 1022; 1964 PLD (Dhaka) 661; Prag Dutt Vs. Kedar Nath and others, 1945 AIR Oudh 81; Gundila Manjappa Shetty Vs. Manjakke Shedthi and others, 1961 AIR Mysore 268; Toon Lal Vs. Soonoo Lal, 1938 AIR Pat 522; Nari Chinnabba Chetty Vs. E Chengalroya Chetty ......uty Commissioner, Shariatpur and others reported in 44 DLR 545 that the judgment debtor having wilfully failed to obey the decree, action under Order XXI rule 32(1) of Code of the Civil Procedure was called for in case of violation of permanent injunction. 21. In view of the above discussions we ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......iah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993. Cases Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & others Vs. Haji Abdus Samad, 33 D..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....he law-enforcing agencies submitted a report to the Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the Tribunal directed the police...... of Criminal Procedure to any proceeding before the Tribunal as per section 23 of the Act of 1973, we do not find any earthly reason to hold that the inherent powers of the High Court Division can be called in aid to quash the proceedings of the case, if any, pending before the Tribunal. 30. Sect......r may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this power may be exercise to quash a proceeding or even a conviction on conclusion of a trial if the Court concerned had no jurisdiction to hold the said trial or the facts alleged again......y Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant Attorney-General and Delwar Hossain Samaddar, Assistant Attorney-General—For the Opposite Party. Criminal Miscel..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ers Vs. Bangladesh………………………….......................................Respondents Judgment October 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Association Vs. Union of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268; Malik A......ard the name of the nominee confirmed by it or deemed to have been confirmed to the President for appointment. (14) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
.... in the disputed property and therefore, the petitioners were under no obligation to mutate their names in the record-of-rights. 3. The High Court Division by the impugned Judgment made the Rule absolute directing the petitioners to "mutate the names of the petitioners (writ-petitioners) in respe......h Court Division should refuse to grant relief to the aggrieved person. Where the alternative remedy could not be equally efficacious the exercise of discretionary power by the High Court Division is called for. The writ petitioners failed to make out any case that the alternative remedy available t......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs...Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....shable under sections 302/34 of the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the learned Additional Sessions Judge also convicted six other accused persons, namely Md. Ansar Ali, Dalil, Md. Kawsar, Md. Tawlad alias Aw......his judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 1394 BS, corresponding to 5.11.87, at about 8‑00 PM, deceased Khasru Miah was called away from his house and taken to Nabiganj Mela by the absconding accused Sanwar Hossain and a......plementary charge‑sheet on 4.4.89 against accused Ansar Ali and Dalil for the said offence. 6. The absconding accused Sanwar Hossain and other 8 charge‑sheeted accused persons were placed on trial before the Additional Sessions Judge, Narayanganj, who framed charge against them for the offe....... Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howl..Category: Criminal Law | Date: | Hits: 91
....ement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 dismissed the suit mainly on the reasonings that the plaintiffs failed to prove their title and possession of the suit land. On appeal......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......re claiming title as successive heirs of Shariatullah Sheikh. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 d......also Reported in: VIII ADC (2011) 449.
..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
....e No.22 of 2003, after completion of the trial, by his judgment and order dated 11.01.2005, convicted the appellants under Sections 302/34 of the Penal Code and sentenced them to suffer rigorous imprisonment for life and also imposed a fine of Tk. 5,000/- each, in default to suffer rigorous imprison...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......1. 3. The learned Judge in the Court of Jananirapatta Bignakari Aporadh Daman Tribunal and the Special Sessions Judge, Court No.2, Rajshahi, in Sessions Case No.22 of 2003, after completion of the trial, by his judgment and order dated 11.01.2005, convicted the appellants under Sections 302/34 of......nt: M M Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October 6, 2009. Lawyers ..Category: Criminal Law | Date: | Hits: 71
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