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Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....l Sessions Judge, Cox's Bazar) found the present appellants Sarwar Kamal, Mir Kashem and Darbesh Ali guilty under sections 304 Part‑I/34 of the Penal Code and sentenced them to suffer rigorous imprisonment for 10 years each and to pay a fine of Taka 10,000.00 each, in default to suffer rigorous im......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......shid Ahmed, Advocate‑For the State. Criminal Appeal No.611 of 1989. Judgment Muhammad Ansar Ali J. - Appellants Sarwar Kamal, Mir Kashem alias Md. Mir Kashem and Darbesh Ali were placed on trial in the Court of the learned Assistant Sessions Judge deemed Addl. Sessions Judge) Cox’s Baza...... This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....d by the Additional Sessions Judge, Bagerhat in Session Case No.41 of 1995 convicting the appellants under section 394 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for five years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonmen......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......o Bagerhat Police Station Case No.10 dated 13.8.1994. The police, after investigation submitted charge sheet against the appellants under section 394 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Bagerhat, wherein it was registered as Session Case No.41 of ......ddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....he Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment fo...... of occurrence, there was a quarrel between the said Abdur Rashid and appellant Nos.1 and 2, following which they assaulted him (Abdur Rashid). In the background of such enmity, appellant Nos.1 and 2 called him on 13.10.1997 at about 1.00 p.m. to go for fishing. At about 6 p.m. they (appellant Nos.1......he Penal Code. The police had investigated the case and submitted charge sheet under sections 364/302/201/34 of the Penal Code against the appellants and another. 4. The case after being ready for trial was sent to the Sessions Judge, Lakshmipur and was registered as Session Case No. 86 of 1999. ....... Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
.... 1990 and appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment f......hel mid Monu by way of adopting the argument of Mr. Serajul Huq submits that the name of the appellants Manu and Sohel do not find place in the FIR and their names were not even mentioned in the so‑called Dying Declaration. Though their names have been mentioned by P.W.3 who claimed his presence a......ted charge sheet against the appellant and 12 others under sections 447/448/ 449/324/326/307/302/379/34 of the Penal Code on 9.1.88. 4. The accused appellants along with some others were placed on trial in the court of Additional Sessions Judge, Rajshahi under sections 302/34 of the Penal Code. A......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....al and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appellant. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Criminal Appeal No.149 of 1989 (Jessore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at......r that he saw by the forcus of his torch light accused Khaleque and others carrying something towards the jute field. 7. P.W.8 Shahid Hossain stated that one day at about 10‑00/11‑00 PM police called him and showed him the dead body of the second wife of accused Abdul Khaleque in the courtyar...... charge‑sheet under sections 302/201 of the Bangladesh Penal Code was filed against the appellant and final report against the remaining accused persons who were ultimately discharged. 3. At the trial the appellant was charged under sections 302/201 BPC to which he pleaded not guilty and claime......oque J Abdul Khaleque .........................Appellant. Vs. The State .................................Respondent Judgment December 10, 1992. Case Referred To- Hazer Ali Mondal and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appella..Category: Criminal Law | Date: | Hits: 78
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....(since acquitted) for murdering her husband Amjad Ali as Jamshed had got enmity with her husband. P.W.17 Azizur Rahman, Sub‑Inspector of Police, took up the investigation of the case. He engaged persons and from the information obtained from such source he arrested accused appellants Bashir and Af......ife. 2. On 11.3.1981 P.W.3 Kutini Bibi, widow of said deceased Amjad Ali, lodged the first information report with the local Police Station stating that in the night of 28.2.81 accused Jamshed Ali called her husband Amjad Ali from the house on the plea of raising ail for reserving water in the fi......d were charged along with accused appellants Bashir Ali, Aftab Ali, Moshai and Hashir Ali alias Hushiar Ali under sections 302/34 of the Penal Code for murdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No.228 of 1992. Th......e is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....…..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahmed, Advocate ‑ For the petitioner in person. AY Mashihuzzaman, Advocate ‑ For the respondent No.1. Writ Petition No. 461 of 1991. ......rty prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Article 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 is justifiably called for against the OP and he be suspended from practice pending disposal of the case. The opposi......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......inal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahme..Category: Employment/Service Law | Date: | Hits: 94
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ld that the judgment of the lower appellate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ...... no right, title and interest in the property which the defendants cultivated as bargadar under the original owner Dilip Kumar Sen and thereafter under the purchaser from Dilip Kumar Sen. The learned trial Court by its judgment and decree dated 31‑3‑75 decreed the suit restraining the defendants......HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....tober/November, 1987 under the University of Dhaka from the Barhamganj College Centre. The petitioner took the subjects (a) Bengali‑ 100 marks, (b) Islamic History and Culture‑300 marks, (c) Philosophy‑300 marks and (d) Islamic Studies‑300 marks. Annexure-A is the relevant tabulation sheet o......ine itself to the question of legality of the matter and that as the petitioner has totally failed to show that the University Authority has committed any illegality, no interference by this Court is called for. He referred to the decision in the case of Wasim Ahmed Khan Vs. Secretary, Board of High......ding such enquiries, the Tribunals must scrupulously follow rules of natural justice; but it would, we think, not be reasonable to import into these enquiries all considerations which govern criminal trials in ordinary Courts of law. The following principles can be culled from the pronouncements mad...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....hing in great detail and all the points were found in favour of the pre‑emptor. His application under section 96 was found to be within time. He was found to be a contiguous land‑holder. It was also found that he was entitled to the relief of pre‑emption. But for non‑payment of this cost of ......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......so found that he was entitled to the relief of pre‑emption. But for non‑payment of this cost of Taka 200.00 for taking adjournment earlier on 10.4.85 his pre‑emption case was disallowed by the trial Court by its order dated 8.8.85. In disallowing the pre‑emption case the trial Court observ......arty. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in ques..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....urt, Chittagong contending, inter alia, that the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said Tamizuddin his son Rahamatullah inherited the same and aforesaid Rahamatullah sold these schedule land to Abdul Bar......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......l before the District Judge, Chittagong and the appeal was heard by Subordinate Judge, 2nd Court Chittagong and on reappraisal of the evidence on record he could not concur with the view taken by the trial Court on the point of limitation and having made proper analysis of evidence came to the findi...... in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
....al injunction against the appellant praying for restraining the defendant and his employees and representatives from using trade mark and copyright similar to that of the plaintiff in the toilet bath soap produced by the defendant. In that suit plaintiff prayed for temporary injunction. Plaintiffs p......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......the court whether any issue regarding maintainability of the suit has been framed or not. But from the written objection it does not appear that such question of maintainability was raised before the trial Court at the time of hearing of the injunction matter. It does not appear from the impugned or......Court Division
(Civil Appellate Jurisdiction)
Present:
Kazi Ebadul Hoque J
Nasir Miah, Malik Nasir Soap Factory..............Petitioner
Vs.
Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party
Judgment
June 6, 1994.
Cases Referred To-
I..
Category: Intellectual Property Law | Date: | Hits: 224
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 (SC) 1616; Barrel Vs. Fordree (1932) AC 676; Thompson (Pauper), Appellant Vs. Gold and Co. Respondent, AC 409; Anawar Hossain Vs. Bangladesh, BLD 1989......বি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without complying with Article 116 of the constit...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-..Category: Employment/Service Law | Date: | Hits: 173
....hman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the respondent No. 28.
Civil Appeal No.118 of 1982.
(From the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (R) of 1982).
Judgment
Badrul Haider......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant
Vs.
Narayan Chandra Swarnakar & others…………..Respondents
Judgment
March 11, 1982.
Lawyers invo..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
.... to the nominated consignees on different dates. The buyer asked for encashment of Bank Guarantee No. 40 dated 18.2.71 and informed the plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was acco......ed 18.2.71 and informed the plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to the contrac......rator within one month from the date of this order.” 3. Being aggrieved, the Government filed the aforesaid First Miscellaneous Appeal in the High Court Division which upheld the decision of the trial court. It was ordered that the suit filed by the plaintiff-respondent may proceed in accordanc...... (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh.........Appellant Vs. M/s. Mashrique Textiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....1st January, 1974, at a rental of Tk. 15,000/- per month. The appellant during the accounting year ending on 30-6-1974, being the previous year for the assessment year 1974-75, received rent from two sources viz, from German Cultural Institute for five months from 1st July, November, 1973, and from ......cer, Dacca Circle (J), Dacca, on 27-1-75, in respect of her income from the aforesaid house property under section 9 of the Income Tax Act upon a ‘bona fide annual value of property’ (hereinafter called ‘B.A.V’) of Tk. 48,000/-. Thereafter in the month of June, 1976, the Inspecting Joint Com......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......cate-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....their father Afzal Miah. It is not disputed that Afzal Miah had become co-sharer in the tenancy by purchase from one of the three original co-sharers and that on his death hit share devolved upon his sons who are the appellants. The learned Subordinate Judge took the view that though the pre-emptees...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......ge of the High Court Division. 5. In the result, the appeal is allowed, the impugned order of the High Court Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) ......eported in: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....jumder……………….Petitioner Vs. Bangladesh and others................Respondents (In Civil Petition No. 68 of 1982) Judgment June 30, 1981. Cases Referred To- State Vs. Dosso, (1959) 11 DLR (SC) 1 = PLD 1958 (SC) 533; Province of East Pakistan Vs. Md. Mehdi Ali Khan, (195......ment pronounced by the High Court Division under Article 102 and many other similar appeals preferred by the Government against judgments arising from such petitions are pending before this Court, we called upon the Attorney-General to address on the point at issue in order to enable us to come to t......of High Court Division from which a leave petition or an appeal was pending before the Appellate Division will abate. 13. An appeal is the continuation of a suit or an application filed before the trial court or the court of origin and it was, therefore, urged that when an appeal stands abated by......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
...., Special Tribunal No.4, Rajshahi in Special Tribunal Case No.15/99 convicting the appellants under section 25B (2) of the Special Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 1 (one) year and 6 (six) months with a fine of Tk. 1,000/-, in default to suffer rigorou......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ocent. They were not the owners of molasses and nothing was recovered form them and they have been falsely implicated in this case as they did not meet the demand of police. 8. After completion of trial the learned Judge of the Special Tribunal No.4, and Additional Sessions Judge, Rajshahi convic...... Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
...., ‘B’, ‘C’ and ‘D’ in 16 annas share and owner of schedule ‘DI’ to the extent of 8 annas share and they further admitted that the late Khan Bahadur Sadeq Khan died leaving behind 4 sons and 2 daughters as stated by the plaintiff-respondents No. 1-3. It was contended in the writte......was further submitted that the attention of the High Court was not drawn to the case of Sajeda Khatun Vs. Mostafa Khatun reported in 28 DLR 221. 10. An ex parte decree is passed when the suit is called for hearing and the plaintiff appears but the defendant does not appear then the Court may p......d the ex parte decree set aside, then the defendant has no reason to prosecute his appeal. On the other hand, if the appeal is dismissed during the pendency of the application and the decree of the trial court is merged in the decree of the Appellate Court, the trial Court loses its jurisdiction......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (D..Category: Procedural Law | Date: | Hits: 80
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