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State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....of the accused and since thereafter he had sex with the victim girl frequently. As a result, the victim became pregnant and the accused-respondent tried to cause miscarriage of her by administering some herbal medicine, but could not be successful. But the condition of victim girl being deteriorat......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......after completion of investigation, submitted charge sheet against this accused-respondent and his father under sections 9(1)730 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The case was ready for trial and it was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Natore. This tribunal held trial...... General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) ..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....ted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extraneous consideration or how far the order is fair and reasonable it can certainly be exam......nicated to the petitioner by Memo No.3-16/92 dated 08-6-1993 of the opposite-party and why the warrant of arrest and warrant of commitment as issued on 30-6-1997 against the petitioner shall not be recalled by setting aside the orders dated 30-6-1997 and 31-8-1997 passed in ST No.25 of 1987 and/or t...... Government he must supply the following materials with the application for pardon; namely - i) the First Information Report and Police Report; ii) the evidence; iii) Judgment of the trial Court and appellate Court, if any; iv) information whether during trial or appeal the c...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....etition where specific criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved pers......rom Singapore and were obliged to make the declaration as per the Baggage Rules. From the reply to the show cause notice (annexure-'F' to the writ petition) it is clear that Md. Abdul Mannan was called at the customs office at the airport after the seizure of the gold in question. This will be......Customs Act, 1969 (the Act). Accordingly, FIR was lodged in each case under section 56(1) of the Act and section 25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolve...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Shamsul Huda J Government of Bangladesh and others........Appellants Vs. Md. Badal and another……………………………R..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....ana J. - This Civil Petition for leave to appeal has been directed against the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981 making the rule absolute. 2. The short facts necessary for disposal of the leave petition are as follows:- 3......tiffs' case that the defendant No.4 the deity settled the suit land with the plaintiffs in the year 1360 B.S. Both these courts, on scrutiny of the evidence adduced by the plaintiffs held that the so-called rent receipts-the exhibit-1 series-the only documents produced by the plaintiffs to prove t......f, on consideration of the evidence both oral and documentary adduced by the contesting parties dismissed the suit by the judgment and decree dated 31.12.1975. Against that judgment and decree of the trial court the plaintiffs preferred Title Appeal No.18 of 1976 before the learned District Judge, S......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whatsoever for appointment of a receiver. Receiver should be appointed in a suit for partition with the......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ...... time and as such for management of the suit property, an Advocate Commissioner should be appointed as a receiver. 17. The appellate Court took into consideration the findings arrived at by the trial Court in detail and came to a finding that appointment of receiver by the trial Court without ......na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....sed of by this single judgment and order. 2. The relevant facts necessary for disposal of these civil petitions for leave to appeal, in short, are as follows:- 3. Md. Ismail and Md. Yusuf sons of late Ali Akbar (the petitioners of leave petition No.642 of 2009) filed pre-emption Miscella......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......nd prayed for review of the earlier order dated 24.06.1999 and the same application was allowed by the order dated 09.08.1999 and the opposite party No.23 was made co-petitioner. 5. However, the trial court, on taking evidence from all the contesting parties and considering the same allowed t......zammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
.........Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment April 12, 2012. Result: The Rule is made absolute. Cases Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirje......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......"will" dated 17-3-1973, executed by the father of the plaintiff in favour of his sons, daughters and wife settling his properties was marked as Exhibit 6. 6. During continuation of the trial of the suit the defendant died and his heirs were substituted. The defendant No.1 'Ka'......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....ilar law points are involved and therefore, they are disposed of by this order. The Durniti Daman Commission (the Commission) moved these petitions for leave against Orders of the High Court Division so far as it relates to attaching condition while allowing it's petitions for being impleaded as......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ...........' used in the beginning of the section. 6. Section 493 of the Code of Criminal Procedure authorizes the public prosecutor to plead before any Court in which a charge is under inquiry or trial or an appeal, and if any private person instructs a lawyer to prosecute in any Court, the publ......ocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....sion in Writ Petition No.2775 of 2009 disposing of the Rule with the direction as embodied in the operative portion of the judgment. 2. Facts giving rise to this appeal are as follows: The sole respondent as petitioner (hereinafter referred to as the petitioner) filed the above mention......tioner and then to melt the same in his furnace as the goods had already been assessed and the petitioner paid the customs duties and other taxes as per assessment. Therefore, no interference is called for with the impugned judgment and order. 10. Admittedly, the goods in question were imp....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....king at the material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "short gun ......er. 10. Mr. Karunamoy Chakma, learned Deputy Attorney-General, however, supported the impugned judgment and order. 11. As leave has been granted only on the question of sentence, we are not called upon to sift the entire evidence adduced by the prosecution. We shall, however, refer to......lant and thus affirming the sentence of death awarded against him by the learned Sessions Judge, Sylhet in Sessions Case No. 86 of 2001. 2. The appellant, along with 8(eight) others, were put on trial before the Sessions Judge, Sylhet in the above mentioned Sessions case, and was charged under ......bsp; Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....is criminal petition for leave to appeal is directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002 making the Rule absolute. 2. The relevant facts of the case, in brief, are that a petition of complaint was filed......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ferred to the Metropolitan Sessions Judge, Dhaka being Metropolitan Sessions Case No.560 of 1999. It was then transferred to the Court of Additional Metropolitan Sessions Judge, 2nd Court, Dhaka, for trial and after hearing the petition under section 265C of the Code of Criminal Procedure the Court ....... ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....h the parties as regards the attaining majority of the added defendant as stated above are matters of fact which cannot be decided without taking evidence during trial. We do not find any valid reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ...... years together. The contention of both the parties as regards the attaining majority of the added defendant as stated above are matters of fact which cannot be decided without taking evidence during trial. We do not find any valid reason to interfere with the impugned judgment and, as such, the ......on (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismis..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....ted vide "Price Sensitive Information" published in the Daily "Samakal" on 24.04.2009 (Annexure- 'H') and Notice of the AGM dated 15.07.2009 (Annexure-'C-2') and also for issuing notice upon the respondents to show cause as to why the insertions of the name of res......having already been held and various decisions were taken in the those respective AGMs and EGMs, now there is no scope of holding the 9th AGM to transact Agenda No.4 and therefore, no interference is called for with the impugned order. He has also contended that the petitioners could file applicatio...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
......urt
Appellate Division
(Civil)
Present
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....Sessions Judge, Chittagong by his order of the same dated rejected the application for calling for the statements from the complainant-bank, but allowed the prayer for adjournment on the ground of personal difficulty of the learned Advocate for the accused fixing the next date on 13.10.2008. On this......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......d the next date on 10.04.2008 for appearance of the accused-petitioner and for further order and transferred the case to the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong for trial and disposal. The accused-petitioner duly appeared before the Additional Metropolitan Sessions......Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appellant. AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State. Crimin......342 of the Code of Criminal Procedure while it had examined the accused course of trial, (2) whether the prosecution has able to prove its case beyond reasonable doubt and (3) whether interference is called for as regards the impugned Judgment and order, in the facts and circumstances of these case.......nt), has submitted charge-sheet No.307 dated 22-10-2010 against him, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003). 4. Thereafter the case, being ready for trial, the record was transmitted to the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Rajsha...... Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appellant. AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State. Criminal Appeal No..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ered possession thereon. Thereafter, Sheikh Majom and Sheikh Kolomddi got the said land, vide an amicable partition amongst 3 (three) brothers. Thereafter, Sheikh Kolomdi died leaving behind his only son Kolom Miah as his sole heir and Sheikh Majom died leaving behind his two sons namely Jobed Ali a......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... possessed the suit schedule land. The plaintiffs or his predecessors never owned and possessed the suit schedule land, as such; the suit is liable to be dismissed. 8. At the commencement of the trial 6 (six) issues were framed by the trial court including 2 (two) issues as to the effect that w...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....Penal Code, which run as follows: “482. Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. ......ark” have been given in sections 478 and 479 of the Code, which run as follows: “478. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark, and for the purposes of this Code the expression “trade mark” inclu......issued process against the petitioners. They surrendered before the Magistrate on 5.11.1997 and obtained bail. Subsequently the case was transferred to Mrs. Nandita Das, Magistrate of first class for trial and therefrom it was transferred again to Mr. A. K. M. Aminul Islam, Magistrate of first class....... This Case is also Reported in: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the offence of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of ju...... house since his brother-in-law, Md. Lutfor Rahman, resides in the United States of America. On the date of occurrence, that is on 31-5-2001 at about 8-30 PM accused-petitioner No.2 Tofail Islam Hira called victim Mostasim Billa and took him out of his house for drinking 'Virgin' (soft ......it is necessary to try them together for ends of justice. Therefore, there was apparent oversight on the pan of the Bicharak of the Tribunal at the time of framing the charge. There is no bar for the trial to proceed against the appellants for the offences under sections 302/201/34 of the Penal Code...... ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....azi Md. Mamunur Rashid, Assistant Attorney General- For the State-opposite Party. Criminal Miscellaneous Case No.2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for q......int before the Nari-o-Shishu Nirjatan Damon Tribunal, Bogra upon which the learned Judge took cognizance of offence under section 6 (1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain (hereinafter called the Ain) against the accused and issued warrant of arrest against him by order dated 9.11.199...... on her. In our society, a woman generally does not raise any false allegation touching her own reputation and character. In such a case, truth of her allegation cannot be ascertained without holding trial and therefore, the Rule is liable to be discharged. 8. In the petition of complaint there i......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....Petitioner Vs. Unipay 2U Bangladesh Ltd……………………Opposite Party Judgment March 22, 2012. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. ......ccount of accused persons is not proper hence, the learned Metropolitan Sessions Judge, Dhaka committed serious illegality in allowing the revisional application and, as such, an interference is called for by this Division for securing ends of justice. 8. Mr. Sk Golam Hafiz, the learned Ad......a facie case has been made out against the accused opposite party No.1 and others. The learned Advocate has further submitted that when the matter is still pending it needs to be examined by the trial Court on examination of evidence, as such, at this stage the impugned order allowing the oppos...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
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