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The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sections 302, 307/302/149 and 148 of the Penal Code. The trial ended so far Respondent is concerned on his convictions under sections 302, 307 and 148 of the Penal Code ......ht sight and the moon up and the informant recognised all the accused in the moonlight. The injured Tofazzal Hossain was taken inside the room and the doctor of the Gudarial Government Dispensary was called, but he was not available, so the compounder Jamshed Ali came. He examined the injured Tofa......
Judgment
Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed.
The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sections 302, 307/3......ttorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Ju..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....ar, Chittagong, praying for a decree for ejectment and compensation against M/s. Anupam Traders represented by Abul Kashem Sowdagar and others, on the ground that the defendant is a defaulter and also for reconstruction of the house. The defendants contested the suit, contending, inter alia, tha......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ulters did not give any specific finding that the tenants did not offer or remit the rent of July, 1982 in terms of the contract, there is no merit in the contention of the learned counsel that the trial Court was justified in arriving at the conclusion that the tenants are defaulter. 29. The l......sion (Civil) Present: Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another.........................Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
.... Title suit No. 72/ 60 in the 2nd Court of Munsif, Barisal, and obtained a collusive decree in the names of defendant 1 and 2, showing the plaintiff a party to the suit and on the basis of a forged solenama. The defendants denied the plaint allegations and claimed that the land was settled with de......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......d. Hanif was a forgery, in that, his name was subsequently interpolated. On the question of the Sale decree in the earlier to Title Suit No.72 of 60, the two Courts came to conflicting decisions. The trial Court held in favour of the plaintiff, finding it to be fraudulent and void, but the first a......petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....an inquiry team they found that the insured had no capacity to pay the installment of Taka 11,292 for an insured amount of Taka two lac and, as such, the insured amount could not be repayable. They also admitted that the insured was aged about 31 years when the policy was issued. So, there was no di......roller of Insurance. 6. We have also gone through sections 45 to 47L of the Act which are relevant for the disposal of the appeal. Under section 45 of the Act, no policy of life insurance shall be called in question after the expiry of two years from the date on which it was effected by the insur......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ...... Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Respondent No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) ...... and incorporated as a company under the Companies Act, 1913. Like all other trade organisations the CCCI is subject to the supervision and control of the Director of Trade Organisations, hereinafter called the DTO. The DTO ensures that the affairs of the trade organisations are managed and conducte...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Banglade..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....s. Dhaka University and others………………Respondents Judgment July 12, 2000. Cases Referred To- Controller of Examination, Dhaka University Vs. Mohiuddin, 44 DLR (AD) 305; Professor Nurul Amin Bepari Vs. Vice Chancellor Dhaka University and others, 50 DLR 405; Mian Jamal Shah V......re that, the petitioners, as Registered Graduates of Dhaka University, took part in the Senate election held in June this year, as candidates. They belonged to the panel collectively and unofficially called, ‘Jatiyotabadi Oikya Panel’. The respondent No. 2, the Vice Chancellor of Dhaka Universit......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
.... of the Mills due to electric short circuit. Fire was controlled at about 02-30 hour on 06-11-91 by the Fire Brigade. On 06-11-91 the plaintiff informed the defendant of the incident Messers Henley Associates Ltd. and Messers Allied Inspection Company Ltd. were appointed surveyors by defendant No.1 ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......s 1 to 12 while the documents adduced by the defendants were marked as exhibits ‘Ka’ to ‘Ga’. 9. On consideration of the facts and circumstances of the case and the evidence on record, the trial Court held, inter alia, that (a) the suit as framed is not barred by limitation; (b) on ...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... had not taken any step to register the deed despite the request made by the plaintiffs father and that in the meantime the said Gurudas Haldar and Bimala Devi died, and the father of the plaintiff also died in the meantime. Subsequently, the plaintiff requested the defendants to register the deed o...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit for Specific Performance of the contract was reversed. 2. The opposite part......y order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocean Wave ...... party aggrieved to institute the instant Admiralty Suit. Further the plaintiff not being the consignee of the goods, as appears from the Bills of Lading, he cannot challenge the short landing and so called late arrival of the vessel and consequently the business loss, against the carrier as has bee......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: .............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....o be dealt with in accordance with law. 2. Facts relevant for disposal of the rule are that on 15.5.2010 one Md. Mamunur Rashid lodged an FIR with the Joypurhat police station against 3 accused persons alleging that the accused Mostafizar @ Chapal used to teach his daughter named Most. Tamima Akh......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......she can not be released from the judicial custody and can not go on her free will accordingly he prays for discharging the rule. 5. At the midst of hearing on 27.02.2011 this court directed to the trial court to make an arrangement to produce the victim Tamima Akhter Mitu and her father Mamunur R......cellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir..Category: Criminal Law | Date: | Hits: 57
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....further investigation of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......haldhaka P.S. Case No. 06 dated 19.12.2009 under section 302/34 of the Penal Code, now pending in the court of learned Chief Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereaft....... - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)
....clude the further investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......nj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the trial in a case under section 302/34/307 of the Penal Code. 3. After arrest since his prayer for ......arged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought to the trial in a case under section 302/3..Category: Criminal Law | Date: | Hits: 67
Gias Uddin Vs. State, 2011, 40 CLC (HCD)
....ution failed to make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......out of Chandina P.S. Case No.06 dated 12.02.10 under section 395/397 of the Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Comilla. 2. The petitioner was brought to the trial under section 395/397 of the Penal Code. 3. After investigation police submitted a charge s......0. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.25 of 2010 (Chandina) arising out of Chandina P.S. Case No.06 dated 12.02.10 under section 395/397 of the Penal Co..Category: Criminal Law | Date: | Hits: 58
Jamsher Ali Vs. State, 2011, 40 CLC (HCD)
....secution failed to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Chatmohar P.S. Case No.3 dated 22.2.2008 under section 143/447/323/325/302/34 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for ...... Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner submits that the petitioner is quite innocent and he has been implicated in this case out of previous enmity and the petitioner surrendered on 16...Category: Criminal Law | Date: | Hits: 63
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....g the prayer for bail of the appellant. 2. Prosecution case, in short is that on 9 .9.2010 one Md. Abdul Nabi lodged an FIR with the Lohagara Police station alleging that on 8.9.2010 at 11.45 p.m. some unknown peoples entered their area which was seen by the local people and alarmed in their mosq......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... that on 9 .9.2010 one Md. Abdul Nabi lodged an FIR with the Lohagara Police station alleging that on 8.9.2010 at 11.45 p.m. some unknown peoples entered their area which was seen by the local people and alarmed in their mosque’s maik that on 9.9.2010 at 11.00 a.m. the informant and others saw the..Category: Criminal Law | Date: | Hits: 66
Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)
....ected by the impugned order then he preferred the instant appeal. 4. The learned advocate appearing for the appellant is quite innocent and falsely implicated in this case out of village politics, social enmity and grudge only to harassing him and the appellant is in custody since 24.2.2009 witho......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tion 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 302/201/34 of the Penal Code, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 30......n Daman Ain, 2000 (as amended) in 2003 against the order No.16 dated 8.9.10 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal, Comilla in Nari-O-Shishu Case No. 169 of 2009 arising out of Chandina P.S. Case No. 02 dated 01.12.2008 under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as..Category: Criminal Law | Date: | Hits: 80
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....Case No. 42 of 1988 corresponding to Patgram P.S. Case No. 07 dated 15.5.1998 the appellant was convicted under section 9(Ka) of the Nari-O-Shishu Nirjatan Daman Ain and sentencing him to suffer imprisonment for 10 years with a fine of Tk. 2,000/-, in default to suffer rigorous imprisonment for 2(tw......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ter investigation police submitted a charge sheet against the appellant. 5. Thereafter the case was transmitted to the court of Nari-O-Shishu Nirjatan Tribunal Daman Tribunal No.2, Lalmonirhat for trial and registered as Nari-O-Shishu Case No. 66 of 1998 wherein a charge was so framed against the....... Zahida Khatun, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respondent. Criminal Appeal No. 4497 of 2007. Judgment AKM Asaduzzaman J. - By the judgment and order dated 02.08.2007 passed by the learned Nari-O-Shishu Niarjatan Daman Tribunal No. 2, Lalmo..Category: Criminal Law | Date: | Hits: 60
Yasin Hossain Vs. State, 2011, 40 CLC (HCD)
....o produce any witness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......f 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) of the Arms Act. 3. Thereafter the appellant was arrested on 24......r dated 11.04.2010 passed by the Metropolitan Special Tribunal No.7, Dhaka in Metro Special Tribunal Case No.457 of 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was b..Category: Criminal Law | Date: | Hits: 65
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....ng the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arms Act. 3. After investigation police submitted a charge sheet against 2 accused persons including the appellant under section 19A of the Arms Act on 30.12.2009. 4. The appellant wa......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......d by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arms Act. 3. After investigation police submitted a charge sheet a....... After investigation police submitted a charge sheet against 2 accused persons including the appellant under section 19A of the Arms Act on 30.12.2009. 4. The appellant was arrested on 18.12.2009 and since his prayer for bail was rejected by the impugned order, he then preferred the instant appe..Category: Criminal Law | Date: | Hits: 65
Ershad Vs. State, 2011, 40 CLC (HCD)
....t of the learned Chief Judicial Magistrate, Sylhet. 2. Prosecution case in short is that one Md. Joynal Abedin lodged an FIR with the local police station alleging, inter alia, that the accused persons are terrorist in nature. On 21.6.2010 the accused persons have cutted away the trees and after ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... bail and as per direction of the Hon’ble Court he surrendered before the Chief Judicial Magistrate, Sylhet on 08.09.10 and obtained ad-interim bail but thereafter by the order dated 22.09.2010 the trial court cancelled the bail of the petitioner and remained in custody and thereafter obtained the......t one Md. Joynal Abedin lodged an FIR with the local police station alleging, inter alia, that the accused persons are terrorist in nature. On 21.6.2010 the accused persons have cutted away the trees and after Juma Namaz while they were sitting in a salish and at one stage the accused persons having..Category: Criminal Law | Date: | Hits: 53
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