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State Vs. Dipu Mondal, 2010, 39 CLC (AD)

....examined 9 witnesses but the defence examined none. The learned Sessions Judge on assessment of the evidence on record found the accused-respondent guilty of the charges and sentenced him to imprisonment for life with a fine of Tk.1000/-, in default to suffer rigorous imprisonment for1 (one) yea...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......peal is directed against the judgment and order dated 10th June, 2008 of a Division Bench of the High Court Division in Criminal Appeal No.3534 of 2001. 3. Accused respondent Dipu Mondal had faced trial before the learned Sessions Judge, Rajbari in Sessions Case No.34 of 2000 to answer charges pu......ty Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) ..

Category: Procedural Law | Date: | Hits: 81

Firoz Ali and others Vs. State, 2010, 39 CLC (AD)

....f the penal code, to which, they pleaded not guilty and claimed to be tried. The learned Additional Sessions Judge found them guilty under section 302/149 of the Penal Code and sentenced them to imprisonment for life with fine. The learned Judges of the High Court Division maintained the conviction ......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264....... learned Additional Sessions Judge, Habigonj in Sessions Case No.1 of 1999. The petitioners Zahadul Abdul Hashim and four others deceased Feroz Ali, Ilias Mia, Safiullah and Ashik Ali were put on trial before the learned Additional Sessions Judge to face charges under sections 302/149 along with...... (Criminal) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Firoz Ali and others……………………..........Petitioners Vs. The State ……………………..

Category: Criminal Law | Date: | Hits: 71

Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)

.... of the Court of the learned Additional Sessions Judge, Kushtia wherein respondent-petitioners were found guilty of the charge under section 302/34 of the Penal Code and were sentenced to suffer imprisonment for life. 2. The facts, in short, are that on 20.04.1988 at about 8:45 A.M. the informa......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......Thereafter the informant on hearing the alarm went to the place of occurrence and on seeing them accused persons lied away. Thereafter F.I. R. was lodged. Respondents along with others were placed on trial. The learned Additional Sessions Judge found them guilty and convicted and sentenced hem as af......vision (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Nantu Biswas and others.................................Petitioners Vs. The State ……………………�..

Category: Criminal Law | Date: | Hits: 48

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....his petition for leave to appeal is directed against the judgment and order dated 19th March, 2009 of a Division Bench of the High Court Division in Criminal Revision No.269 of 2004 making the rule absolute. 2. Short facts leading to the filing of the leave petition is that the informant-respon......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......e submitted charge sheet under sections 147/148/302/326/ 325/323 and 34 of the Penal Code against the FIR named 13 accused persons including the accused petitioners. 4. After the case was sent for trial to the Court of Sessions, an application was filed on 10th August, 2003 by the public prosec......ported in: VIII ADC (2011) 250. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)

....death reference and allowing the appeals and thereby acquitting the respondent of the charge under section 302 of the Penal Code. 3. Facts relevant for disposal of the petition are that the baby son namely Sujon of Sheuli Begum who is also the son of the respondent was assassinated on the night......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......t the accused-respondent abducted her baby son and killed him and then threw the victim into the pond with a view to disown her. 5. The case record was eventually sent to the Court of Sessions for trial and it was registered as Sessions Case No.108 of 2000. The learned Additional Sessions Judge t......ttorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the High Court Division in Death Reference No.54 of 2004 with Cr..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

....dure, and where procedure of hearing of the application against forfeiture is different, the application under Article 102 of the Constitution is misconceived and not maintainable under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Co......intainable under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Code of Criminal Procedure forfeiting any book or publication could be called in question in any Court other than under the provision of section 99B of the Cr.P.C. In the ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......‑Nabuat" written by Moulvi Muhammad Ameer, Bangladesh Anjuman‑e-Ahmadiyya, Dhaka, under section 99A of the Code of Criminal Procedure. The petitioner has alleged that the book was first written and published in 1948 and since then several editions have been published and circulated in this cou..

Category: Constitutional Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)

....jgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Division Vs. Md. Shajahan, 35 DLR 224; the Bangladesh Small Industries Dhaka Vs. Mahbub Hussa......l was issued calling upon the defendant opposite parties, (1) Bangladesh Steel and Engineering Corporation, PS Tejgaon, Dhaka, (2) Chairman, Bangladesh Steel & Engineering Corporation hereinafter called BSEC, (3) Secretary, BSEC and (4) Chief Personnel Officer, BSEC to show cause why the judgmen......of defendant No. 3 were perfectly valid, legal and binding upon the plaintiff under the terms of the contract and the principles of natural justice have been fully complied with. 5. At the time of trial, the learned Subordinate Judge framed the following issues: 1) Is the suit maintainable in ......l Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ..

Category: Employment/Service Law | Date: | Hits: 108

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

....yment made by the plaintiff against their bill and releasing the shipping documents illegally and arbitrarily kept said amount of Tk. 90,687.00 in "Sundry Creditor's Account" without assigning any reason and without consent of the plaintiff. That as the goods comprised in the suit consignment were a......ler of Imports and Exports and Amir Market Branch of the defendant No. 1 bank. 9. Mr. Mozammel Hossain, the learned Advocate appearing for the plaintiff‑respondent in reply submitted that the so-called guarantee bond was not legally proved to establish that the plaintiff stood as guarantor for ......rementioned issues the following issue was framed: 5). Is the amount in question claimed by the plaintiff recoverable from the defendant as prayed for ? 6. The plaintiff examined himself in the trial as the sole PW and filed and proved some documents marked Exts. 1 to 8 in support of his claim......Respondents. Appeal from Original Decree No. 19 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal is at the instance of the defendant No. 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6..

Category: Civil Law | Date: | Hits: 83

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....n order was passed against him under section 3(i)(a) of the Special Powers Act ordering him to be detained for a period of 120 days but since the detention order he could not be found and the said person had absconded and is hiding in order to avoid the arrest and the Special Branch of the Governmen......he date he is taken into detention. It is not also disputed that on the next day that is on 29.4.91 Anwar Hossain Monju was arrested from just outside the Parliament under the said order which may be called the second order of detention or an extension of first order of detention, and taken to Dhaka...... held that it is elementary again, that this Court cannot and should not take upon itself the task of resolving issues of facts on affidavits which must be resolved upon evidence to be led before the trial Court in accordance with law, It may be that the allegations made against the petitioner are u......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases..

Category: Criminal Law | Date: | Hits: 98

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

..... 297 of 1985. Judgment Habibur Rahman Khan J. - The accused appellant Tariq Habibullah has been convicted under section 302 of the Penal Code and sentenced thereunder to suffer rigorous imprisonment for life by the Additional Sessions Judge‑In‑Charge, 4 Court, Dhaka in Sessions Case No.......throom but she was not coming out and at that time there was no male member present in the house. On getting no response from inside the bathroom a friend of accused‑appellant named lqbal Tariq was called from the nearby house. On reaching the place of occurrence he kicked the door of the bathroom......y house, and also against the accused. appellant's mother Mrs. Suraiya Begum. 3. The accused‑appellant Tariq Habibullah, his friend lqbal Tarique and his mother Mrs. Suraiya Begum were placed on trial before the Court of Additional Sessions Judge, Dhaka, having been charged under sections 302/3............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Crimin..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....tered on 22.3.56; that after getting possession therein the plaintiff, as proprietor of Dhaka Wood Works constructed a workshop there and carried on his business; that subsequently the plaintiff, his son Abdul Kader and wife Shahida Khatun formed and incorporated in September, 1959 a private limited......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......s for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon appertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land f......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ..

Category: Property Law | Date: | Hits: 69

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

....zila Magistrate, Goalanda against the accused‑petitioner and others stating, inter alia, that the accused No. 1 is a hypocrite and claimed himself as 'Imam Mehedi' and accused No. 2 and 3 are his associates and followers. On the night of occurrence, the accused no. 1 with the help of other accused...... no such compliance is necessary in respect of offence under sections 258/109 of the Penal Code and, therefore we are of the view that the interference by way of quashing the entire proceeding is not called for at the stage to secure the ends of justice. 13. Mr. Abdul Hamid Chowdhury, the learned...... earlier is hereby vacated. The proceeding as against the other accused, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the..

Category: Criminal Law | Date: | Hits: 70

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....t No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was registered on 17th April, 1968 between the defendant No. 1 as lessor and the plaintiff as lessee accompanied by delivery of possession of the suit land on the terms ......the plaintiff and the defendant on 21.3.68 consequent on which delivery of possession of the suit property was given to the plaintiff on payment of the entire amount of the premium. The plaintiff has called in question the order of forfeiture of the suit land by the defendant for not completing the ...... examined as DW. Both the parties have produced a number of document, which were marked as Exts. 1‑10(B) from the plaintiff’s side and Exhibits A‑C from the defendant's side. 10. The learned trial Court on consideration of the evidence, both oral and documentary, by his judgment and decree ......��……………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;..

Category: Property Law | Date: | Hits: 87

Alamgir and others Vs. State, 2010, 39 CLC (AD)

....ji Shariatullah Market in Faridpur town on 04.07.2001 at about 11:00 A.M. the dcecased left home for the purpose of going to his working place at Shariatullah Market. Soon alter the informant heard a sound of gun shot and a rickshaw puller also informed her that some disturbance broke out at the sho...... the shop. Then she along with Rabeya brought the victim to the hospital by a rickshaw van and on their away to the Hospital injured Badal disclosed to them that the petitioners along with two others called him from his shop and thereafter fired gun shots at him, when the victim fell down then the o......03.2002 under Sections 302 and 34 of the penal Code against 15 accused persons including the petitioner herein. 4. The case was transferred to the Court of the learned Sessions Judge, Faridpur and trial was started in the Court of the learned Additional Sessions Judge, Faridpur. Thereafter it was......: VIII ADC (2011) 244. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....alent to 1/5 of the total land. Then another auction purchaser A. Jabbar died leaving defendant Nos. 9-13 and one daughter namely, Joynab as his heirs. Thereafter Joynab died leaving her husband, 4 sons and 2 daughter i.e. defendant Nos. 19-25. Amongst the auction purchasers Abdul Jabbar was an in......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......t possess 5.7320 acres of land as auction purchasers and .59 acres of land as the heirs of Alek Morol. But the defendants did not file any case in order to set aside the auction purchase. 5. The trial court dismissed the suit and the High Court Division allowed the appeal and set aside the judg......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Peti..

Category: Property Law | Date: | Hits: 69

Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)

....ants but no one was added as plaintiff. According to the plaintiff, the suit pathway beginning from C.S. Plot No. 1669 which is linked to S.A. Dag No.1942 was recorded as a Gochar and situated to the south of village Rifatpur and they treated the suit pathway as a public pathway long over the period......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nts further alleged that the suit pathway is their private pathway and that the plaintiffs or the villagers have no legal right of passage or to use the said pathway as a right of easement. 4. The trial Court on consideration of the materials on record decreed the suit and on appeal being Title A......tion is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)

.... the High Court Division with an application for condonation of delay of about six months but the High Court Division rejected the appellants' prayer for condonation of delay without assigning any reason whatsoever. 3. Leave was granted to consider the submissions that before the High Court Divi......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......0 of 1995 in the 2nd Court of Subordinate Judge (now Joint District Judge), Gazipur for declaration that R.S. record prepared in respect of C.S. Plot No.1313 was wrong and the suit was decreed by the trial Court on 29.2.1996. Thereafter the aforesaid First Appeal was tendered before the High Court D....... Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 86

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....irun Nessa has been convicted u/ss. 467/109 of the Penal Code by Judgment and order of the Additional District Magistrate, Rajshahi and sentenced thereunder to suffer RI for a period of 6 years and also to pay a fine of Tk. 10000/‑in default to suffer further imprisonment for 6 months along with a......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......d to be represented by her lawyer in the Court. Her attendance in the Court having been dispensed with she lost touch with the proceeding of the case and as such could not appear in the Court to face trial as a result of which trial was concluded and impugned or order of conviction and sentence was ...... condoning the delay of about 7 years 2 months that is 2617 days caused in filing the appeal. 2. The accused petitioner Mahirun Nessa has been convicted u/ss. 467/109 of the Penal Code by Judgment and order of the Additional District Magistrate, Rajshahi and sentenced thereunder to suffer RI for ..

Category: Procedural Law | Date: | Hits: 112

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....ohammad Ashraf Ali transferred half of the holding in favour of Al‑haj Mohammad Rafique who is now the opposite party in Civil Revision No.674 of 1990. By virtue of a similar Heba‑bil‑ewaz he also transferred the rest of the holding in favour of Al‑haj Mir Jahan, opposite party in Civil Revi......evision No.675 of 1990. As a result the petitioner became a tenant under them. The original landlord informed the petitioner of the said transfer by a registered notice, dated 16th November, 1987 and called upon him to make payment of rent to the transferees. Similar notices were also sent by the tr......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......ent: Bimalendu Bikash Roy Choudhury J M/s. Golden Biscuit Co.....................Petitioner Vs. AL‑Haj Rafique Mia...................Opposite Party (In Civil Revision No.674 of 1990) and Al‑Haj Mir Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) ..

Category: Property Law | Date: | Hits: 78

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....993) 171. ....... P.W.9 Hasan Ali is the Rickshaw Pullet. He stated that 8/9 months before the date when he deposed at about 10‑30/11‑00 PM while he with his rickshaw was waiting near the police station on being called by the police he carried two police personnels and the accused Farid Karim from the Police St......��30 AM. 3. Police after investigation submitted charge sheet against the condemned prisoner and two others namely, Abdullah Al‑Mamun Titas and Farukul Islam Dulal and all of them were placed on trial having been charged under sections 302/34 of the Penal Code in the Court of Sessions Judge, Ku......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others..

Category: Criminal Law | Date: | Hits: 84

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