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AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....d charge‑sheet against the two accused petitioners AHM Kamaluddin and MA Karim and three others, namely, Nurul Islam, Jasimuddin Sarder and Abul Kalam Azad who were employees of the said Bank and also against Sk. Maniruzzaman, Managing Director of Kalaroa Ice and Cold Storage Ltd. Charge‑sheet w......ates the legal position. On the above grounds we find no substance in the contentions of the learned advocate for the petitioners. No interference by this Court in respect of the impugned order is called for. In the result, the application is summarily rejected. Let a copy of this judgment be ......een submitted. After 60 days expired from the date of writing the letter for sanction to the Secretary, Cabinet Division, the Divisional Special Judge fixed 19.3.88 as the date for framing charge and trial. Ultimately charge against the accused petitioners was framed on 15.5.89. It appears from the ...... J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
.... Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule was issued to show cause as to why the order dated 23.7.86 passed by the learne......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......er. Not represented-the Opposite Party. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule...... Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....iginally belonged to the Dhaka Nowab Estate out of which 3.79 acres of land was given in settlement by the Manager of the said Estate under his memo. No. 591 DG 15‑8‑51 to one Abdur Rashid Bepari son of Abdul Jabbar Fakir of Miton and on receipt of Salami granted receipt on 6‑3‑58. Said Abdu......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...................................................Opposite Parties.
Judgment
September 24, 1990.
Cases Referred to-
Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. ..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....nt Rule. 4. Mr. Syed Ziaul Karim, the learned Advocate for the petitioner first contended that as the Investigation by the police was not completed within the prescribed time limit, the accused persons were entitled to get an order of release under section 167(7) of the Code of Criminal Procedure......l a distinction has been made between these two kinds of recommendations for the sake of convenience and according to this distinction, the police‑report containing recommendation for prosecutor is called "Charge‑Sheet" and the police‑report containing recommendation for discharging the accuse......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279....... Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim Vs. Nazmul Karim S..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....isition and Tenancy Act (pre‑emption). The learned Munsif, 3rd Court, allowed the Misc. Judicial Case No. 206 of 1974 Judgment and order dated 30‑12‑76. On appeal the learned District Judge, Jessore by his judgment and order dated 24‑11‑77 in Misc, Appeal No. 26 of 1977 reversed the findin......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......R (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....rs including his brother Abdul Matin, cousin Shahid and sister's husband Shamsuddin went to reap the ripe paddies from his purchased land of plot No. 1050. It was about 7‑00 AM when they had reaped some paddies, the 9 accused persons along with 7 or 8 others being armed with Ekkaitta, Chal and dao......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ifting of all the evidence the same have been accepted only to the extent that the killing of Shamsul Huq by accused Dilip and Mostafa had been proved beyond reasonable doubt. That is why the learned trial Judge after giving benefit of doubt to accused Mofiz and Afaz held only accused Dilip and Most......ent. Judgment April 10, 1990. Cases Referred to- 12 DLR (SC) 289; 15 DLR (SC) 66; PLD 1967 (SC) 16; BCR 1987 (AD) 85. Lawyers Involved: Serajul Huq, with Md. Munsurul Hoq Chowdhury and ABM Golam Majid, Advocates- For the Appellants. Shareef Ahmad, Advocate ‑For the State. ..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
.... May 17, 1990. Lawyers Involved: M Shamsul Alam, Deputy Attorney General with AKM Zahirul Haque, Advocate ‑For the State. Joynal Abedin and Abdul Malek Sardar, Contemners (appeared in person). Criminal Miscellaneous Case No. 19 of 1989. Judgment Abdul Bari Sarker J. - This Rule...... contemner No. 2 on oath. It may further be pointed that the learned Munsif concerned did not deny the statements made in the applications under section 24 C.P.C. although, the learned District Judge called for a report from him by his order dated 3.8.85. In view of the above, it is clear that the s......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Abdul Bari Sarker J Abdul Hasib J State...................................................Petitioner Vs. Joynal Abedin and another......................Other Party. Judgment May 17, 1990. Lawyers Involved: M..Category: Criminal Law | Date: | Hits: 64
....entory, balance‑sheet and the profile regarding the Ferdous Tannery the plaintiff was entitled to receive all the assets of Ferdous Tannery. But the defendants failed to deliver khash possession of some of the properties of Ferdous Tannery. It is further stated that the properties described in the......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plaintiff being hig......ivision
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Hoque J
Habibur Rahman Khan J
Bangladesh Chemical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
..
Category: Property Law | Date: | Hits: 73
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....lved: M Shamsul Alam, Deputy Attorney‑General with Obaidur Rahman Mostafa, Assistant Attorney General, MA Rouf, Advocate ‑ For the State. AKM Zahirul Huq, Advocate ‑ For the absconding prisoner. Death Reference Case No. 3 of 1988 Judgment Bimalendu Bikash Roy Choudhury J. - This......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......completion of the investigation the said Inspector of Police submitted charge sheet under section 302 of the Penal Code against the condemned prisoner. The condemned prisoner was eventually placed on trial before the learned Sessions Judge, Bakerganj. He however escaped from police custody on 3.6.86......mned prisoner in chronological order. 4. On 2.12.85 at about 6 AM Dhalu Bepari, the elder brother of the condemned prisoner went to the house of Anwar Hossain of Village Patihar Upazila Agailjhara and informed him that his daughter Momtaj Begum had died. On receipt of the news Anwar Hossain went ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....ing a Criminal appeal under section 30 of the Special Powers Act. 2. The appellant‑petitioner has been convicted under section 25B of the Special Powers Act and sentenced to suffer Rigorous Imprisonment for 1 (one) year and 6 months and to pay a fine of Tk. 3,000.00, in default to suffer simple......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......ously the appeal was barred by limitation. Their Lordships on perusal of the Judgment of the Trial Court and the record of the case were satisfied that there was serious miscarriage of justice in the trial. 7. Hence in exercise of their jurisdiction under section 439 of the Code of Criminal Proce......ed to- Elahi Bux Vs. State, (1987) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers In..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....of the Penal Code to which the accused petitioners pleaded not guilty and claimed to be tried. 4. The prosecution examined 4 witnesses. During examination, under section 342 Cr.P.C. the accused persons pleaded not guilty and wanted to examine two witnesses on their behalf but ultimately they fail......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......ficer submitted his report after holding enquiry. Thereafter charge sheet was submitted against the petitioners under sections 143/447/379 of the Penal Code. 3. The accused petitioners stood their trial before the Magistrate who framed charge against the accused petitioners under section 379 of t......d of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
..... 212 of 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a fine of Taka 1,000.00 only, in default, to suffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous impri......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..........................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Maiti Vs. Ken Ram Maiti, AIR 1953 page 393; Lal M..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
...., Special Tribunal Judge, Moulvibazar in Special Powers Act Case No. 43 of 1988. 2. The prosecution case as given in the FIR lodged by the informant Lailunnessa (PW 1) against the three accused persons including the present appellant Lukus Miah which runs as follows: “আসামীগণ à......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......on of the appellant under Section 4(c) of the Cruelty to Women Ordinance in view of the above facts and circumstances of the case. He however submits that the case should be sent back on remand for retrial of the appellant after framing charge on proper Section of the Penal Code and presumably Secti......sul Alam, Deputy Attorney General with Hafizul Bari, Advocate ‑ For the State. Criminal Appeal No. 340 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvib..Category: Criminal Law | Date: | Hits: 68
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....t land until it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or less 50 decimals. They also took settlement 9 decimals of laud from the vested and non‑resident property authority. In tota......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
..... He further submits that the Labour Court acted illegally in holding that the charges were vague, indefinite and unspecified and that therefore, the Labour Court arrived at an illegal decision. He also submits that although the witnesses were examined in presence Of the respondent No. 2 (worker), t......sed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the a......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......bibur Rahman J
Habibul Islam Bhuiyan J
Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner.
Vs.
The Chairman, First Labour Court of Bangladesh and others……………….Respondents.
Judgment
April 17, 1990.
Cases Referred to-
B..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were the owners of the rayoti jote comprising 6.04 acres of land including lan......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional..Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....n Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Referred to- (1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 45......gland and intimating this desire of the accused to appoint a Senior Advocate and a Queen's Counsel he submitted an application before the Tribunal for time but this petition was rejected and PW 1 was called into the witness box and the Public Prosecutor started examining him in chief. This behaviour......nding in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for such apprehension in the application which ground n......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....iction passed by the District and Sessions Judge, Dhaka in Sessions Case No. 159 of 1987 and 188 of 1987 convicting all the accused‑appellants under sections 304, Part 11/34 of the Penal Code and also to pay a fine of Tk. 5,000/‑ each, in default to suffer rigorous imprisonment for one year more......d be brought on record to show that there was a pre‑planning, pre‑concert or mixing of the minds to do a thing other than the common object was formed, otherwise the aid of section 34 must not be called for. 9. We have seen that the 'act' referred to in section 34 of the Penal Code is a crimi......itan Magistrate caused an investigation through a Magistrate and started the case against the aforesaid five accused‑appellants under sections 304/34. The aforesaid two cases were heard in a single trial by the learned District and Sessions Judge, Dhaka and disposed of by his judgment and order da......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr..Category: Criminal Law | Date: | Hits: 87
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
.... Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revision No.485 of 1987 and for re‑hearing of the matter. 2. Th......sent to the Barisal Bench and even if the service of notice of the Rule upon the opposite party is taken for granted he was obliged to take necessary steps in that Bench. But when the record was re‑called in the permanent seat at the instance of the petitioner and posted for hearing it was not a m......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......(1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....of 1986. Judgment AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. ......ed this appeal. 7. Mr. ABM Golam Mojid, the learned Advocate appearing for the appellant, has submitted that the learned Sessions Judge had based his conviction of the accused appellants upon so‑called professional statement of accused appellant Nazrul and accused Kashem. He has submitted that ...... AKM Sadeque J.- The appellants Md. Shajahan, Md. Mosleuddin and Md. Sakur Ali have been convicted under sections 302/34 of the Penal Code and sentenced to suffer rigorous imprisonment for life in a trial before the Sessions Judge, Jhenidah in Sessions Case No. 26 of 1986. 2. The prosecution cas...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
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