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Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
....nding in before the Court of Judicial Magistrate Cognizance Court No. 2, Noakhali. 2. Facts relevant for disposal of the rule in short, are that on 5.3.2007 an FIR was lodged against 11 accused persons including the petitioner, with the allegation that the informant’s father along with Nur Nabi......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......the Annexure of the supplementary affidavit which is the last order of the case submits that the petitioner’s are in custody for more then three years and since there is no certainty as to when the trial will be concluded, and the petitioner’s are in custody since long and that they have got eve...... - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)
.... that the petitioner has got fair chance of acquittal in this case, and as such we are inclined to enlarge the petitioner on bail. We find merits in this rule. 7. In the result, the rule is made absolute. The petitioner H.M. Kabir @ Alamin (22) son of Abdur Salam Azad may find bail on furnishing ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ot come out from the jail hajat and he could not be present in the next date and thereafter after getting bail in connection of other case, he has voluntarily surrendered before the court to face the trial and since the petitioner has got fair chance of acquittal in this case, he prays for bail of t......Penal Code the petitioner was obtained bail from the court below on 20.11.2008 but could not come out from the jail hajat, since in the mean time he was shown arrested in connection with another case and thereafter his bail was cancelled by the order dated 12.7.09, thereafter the petitioner after ob..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....id Vs. State, 27 DLR (AD) 1. Lawyers Involved: Shamsuddin Chowdhury with Syed Haider Ali, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. Death Reference No. 15 of 1997 with Jail Appeal No.1708 of 1997. Judgment Amirul Kab......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......tion on the basis of which the case was started and after investigation police submitted charge-sheet against the condemned prisoner under section 302 of the Penal Code. 5. The case being sent for trial, the condemned prisoner was charged under section 302 of the Penal Code, to which he pleaded n......earned Sessions Judge, Natore in Sessions Case No.6 of 1994 in confirmation of the sentence of death imposed upon condemned prisoner Md. Khosbar Ali convicting him under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....e the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for the purpose of disposal of these two appeals are that, the plaintiff is the successor-in-interest of Messers Lucas Service (Pakistan) Limited conducting the business of manufacture o...... purchase such property, then the Government will be at liberty to sell it through tender. He further submits that in a case where a property is going to be sold through tender the contract cannot be called a concluded one on the basis of mere offer and acceptance, rather it will be a concluded cont......t the judgment and decree passed on 24-3-1997 by the Subordinate Judge and Commercial Court No.1, Dhaka in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants ......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referre..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....le No.88 (1) 89 subject to deposit of Taka 5 lac to the respondent Bank within 6(six) months and the petitioner company having made the deposit within stipulated time on 18-2-1990 the Rule was made absolute. During pendency of the First Appeal before the High Court Division an application was filed ......no manner of application in this case. We find no substance in ground Nos. 1 and 3 of the Writ petition. 11. The Bangladesh Shilpa Bank Order, 1972 (President’s Order No.129 of 1972) hereinafter called the Order, has been enacted to provide credit facilities and equity support to industrial con...... Dr. M Zahir, the learned Advocate, has not pointed out to any specific provision of law in support of his contention to show that the claim is barred by limitation. The petitioner company is an industrial concern which is under liability to the Bank under an agreement and deed of mortgage to repay ...... Ed. This Case is also Reported in: 52 DLR (2000) 621. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)
.... against which obtained the instant Rule on 9.7.2006. Therefore from the judgment of the courts below it appears that the plaintiff’s grievance has very little merit, therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lo......, therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ...... and the plaintiff has taken tactics to harass the defendant in this manner of keeping the rule undisposed of for years together. It appears that this rule as arisen out of the partition suit and the trial court decreed the suit allowing Saham of .0818 Ajutangshaw land in the Saham of the plaintiff ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Md. Abdur Rashid Sarder………………Defendant-Appellant Petitioner Vs. Md. Chandullah Sardar and others ………..Plaintiff-Respondent-Opposite Parties Judgment July 12,..Category: Procedural Law | Date: | Hits: 77
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....no order as to cost. Ed. This Case is also Reported in: ...... “68. Proof of Execution of Document Required By Law to be attested.- If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, if there be an attesting witness alive, and subject to ......he execution of the plaintiff’s registered deed and as such he is not entitled to get any relief without filing a suit for partition upon filing of ad valurem Court fees. Upon such pleading the trial court framed the following issues: 1. “অত্র মোকদ...... Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoca..Category: Property Law | Date: | Hits: 74
....alf of the Respondent No.5 the Vested Property Department, could not submit the legal points and other materials in favour of the respondent No.5 before that Bench and accordingly the rule was made absolute on ex parte hearing of the petitioner.
3. In support of his submission the learned Advoca......court on 22.3.2009 in Writ Petition No. 4265 of 2005.
2. The learned Advocate Mr. Fazlul Hoque appearing on behalf of the review applicant submits that when the Writ Petition No. 4265 of 2005 was called for on for hearing on 22.3.2009, he was in the hospital due to his health ailment and accordi...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
......
Present:
AFM Abdur Rahman J
SM Emdadul Huque J
Md. Mahabubur Rahman………………………………………Petitioner
Vs.
The Government of the People’s Republic of Bangladesh and other….... Respondents
Additional Deputy Commissioner (Revenue), Rajshahi………..Respond..
Category: Procedural Law | Date: | Hits: 62
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....9.1993 passed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 convicting the appellant under sections 302/201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 3,000/- in default to suffer rigorous imprisonment for six mont......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... 4 dated 16.11.92. The police, after investigation submitted charge sheet on 25.5.1993 against the appellant and six others under sections 302/201/34 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Brahminbaria, wherein it was numbered as Session Case No.60 o......e appellant. Shah Abdul Hatem, Assistant Attorney General. – For the respondent. Criminal Appeal No.2048 of 1993. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 29.9.1993 passed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 c..Category: Criminal Law | Date: | Hits: 58
Enu Miah and others Vs. State, 2011, 40 CLC (HCD)
....r failed to submit the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......o.8 dated 10.03.2010 under section 395/397/412 of the Penal Code, now pending before the learned Chief Judicial Magistrate, Cognizance Court, No.5, Habigonj. 2. The petitioners were brought to the trial in a case under section 395/397/412 of the Penal Code. 3. Thereafter the petitioners were a...... I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)
....t the investigation report of the case, 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: ......ion report of the case, 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: ......Gowainghat P.S. Case No.9 dated 08.04.2010 under section 302 of the Penal Code, now pending in the Court of Judicial Magistrate and Cognizance Court No.6, Sylhet. The petitioner was brought to the trial in a case under section 302 of the Penal Code. 3. After arrest since his prayer for bail wa......hould not be enlarged on bail in G.R. Case No.74 of 2010 arising out of Gowainghat P.S. Case No.9 dated 08.04.2010 under section 302 of the Penal Code, now pending in the Court of Judicial Magistrate and Cognizance Court No.6, Sylhet. The petitioner was brought to the trial in a case under sectio..Category: Criminal Law | Date: | Hits: 61
Pavel @ Faysal Ahmed Vs. State, 2011, 40 CLC (HCD)
....iled to conclude the trial of the case, 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: ...... the trial of the case, 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 Kafrul P.S. Case No. 42 dated 24.8.09 under section 302 of the Penal Code, now pending before the learned Janonirapatta Bignokari Aparad Damon Tribunal, Dhaka. The petitioner was brought to the trial in a case under section 302 of the Penal Code. 2. After investigation police submitted a ch......nal Code. 2. After investigation police submitted a charge sheet under section 302 of the Penal Code against the petitioner on 30.4.2010. 3. Thereafter the petitioner was arrested on 06.09.2009 and moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appeari..Category: Criminal Law | Date: | Hits: 48
Abdul Ohid 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: ......dated 05.03.2009 under section 302/323/109/34 of the Penal Code, now pending in the Court of Judicial Magistrate, 1st. Court, Cognizance Court No. 6, Sylhet. 2. The petitioner was brought to the trial in a case under section 302/323/109/34 of the Penal Code. 3. After investigation police sub......ylhet. 2. The petitioner was brought to the trial in a case under section 302/323/109/34 of the Penal Code. 3. After investigation police submitted a charge sheet against the accused petitioner and 10 others on 15.12.2009. 4. After arrest since his prayer for bail was rejected by the impugn..Category: Criminal Law | Date: | Hits: 64
Md. Nashir Vs. State, 2011, 40 CLC (HCD)
....earned advocate appearing for the petitioner submits that the allegation as alleged in the FIR and the charge sheet is totally false and fabricated story made by the informant and the petitioner is absolutely a victim of circumstances and after framing charge the prosecution produced only 3 witnesse...... to conclude the trial, 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: ......ection 4(1) of the Law and Order Disruption Crimes (Speedy) Trial Act, now pending in the Court of Metropolitan Magistrate and Druto Bichar Court No.02, Dhaka. 2. The petitioner was brought to the trial in a case under section 4 (1) of the Law and Order Disruption Crimes (Speedy) Trial Act. 3....... should not be enlarged on bail in Criminal Misc. Case No. 8474 of 2010 arising out of G.R. Case No.61 of 2010 corresponding to Khilgoan P.S. Case No.61 dated 27.01.2010 under section 4(1) of the Law and Order Disruption Crimes (Speedy) Trial Act, now pending in the Court of Metropolitan Magistrate ..Category: Criminal Law | Date: | Hits: 61
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....7(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 acquitting the solitary accused respondent of the charge under section 302 of the Penal Code. The prosecution case,...... PM Mr. Arshad informed him that the condition of the maid servant Golapi was very much precarious and then Mrs. Arshad sent the cook Kamal to Golapi’s sister’s husband and that a doctor was also called in and thereafter Golapi was taken to the Dhaka Medical College Hospital by one Mr. Delwar an......ilty and claimed to be tried. The defence case, as appears from the cross-examination of the witnesses, is that of absolute innocence of the accused and that the deceased died of poison. 2. During trial prosecution produced 26 witnesses. After recording evidence the trial Court examined the accus......ndent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section 417(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 a..Category: Criminal Law | Date: | Hits: 60
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
..../1 Purana Paltan though the proceeding was started in respect of holding No.58/1 of Purana Paltan, officer-in-charge and receiver on the basis of the order of the learned Magistrate took possession also of holding Nos. 59 and 59/1 from second party Kabir and handed over possession of the same to the......ormant. Fazlul Haque Choudhury Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 6040 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceeding under section 145 of the Code of Criminal Procedu...... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ......me Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Abdul Alim………………....Petitioner Vs. State and Others………………….opposite Parties Judgment July 13, 2000. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 47
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....He has further submitted that the allegation is baseless because name of the then State Minister Kazi Firoj Rashid was not dropped from the first information report. Not only that, charge-sheet was also submitted against him. 4. Mr. Md. Mustafa, the learned Assistant Attorney-General, on the othe......or the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 831 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceedings of Kotalipara PS Case No.2 dated 26-4-91 corresp......ephonic instruction without mentioning the date and time of this call is not sufficient to proceed against the present petitioner. There is little scope of furnishing these particulars at the time of trial because that will amount to improvement of the prosecution case. It is unfortunate that the in......inistry of Home Affairs. On the basis of this letter, the investigating-officer after investigation, submitted charge-sheet on 30-4-92 against other accused under different sections of the Penal Code and against the present petitioner under section 186 of the Penal Code. 3. Mr. Mahbubur Rahman, t..Category: Criminal Law | Date: | Hits: 58
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....enancy Act being Pre-emption case No.4 of 1987 in the Court of the Subordinate Judge, Moulavibazar contending, inter alia, that the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite parties Nos.7-20; out of the aforesaid reported a quantum of la......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ...... was heard and disposed of by the learned Additional District Judge, Molavibazar who by the impugned judgment and order dated 23-9-95 allowed the appeal by setting aside the judgment and order of the trial Court holding, inter alia, that the pre-emptor petitioner Syed Sad Ali though a co-sharer of t...... Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
Md. Abdus Samad alias Kalu and others Vs. State, 2010, 39 CLC (HCD)
....ur. 2. Prosecution case, in short is that one Md. Ismail Hossain filed a petition of complain being Petition Case No.08 of 2009 on 19.7.09 before the Judicial Magistrate, Sherpur against the 12 persons under sections 143/148/ 323/ 307/302/114/34 of the Penal Code alleging inter alia that two days......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......fic allegation in the FIR of inflicting fatal blow by the accused no 2 but according to FIR there is no eye witness and as such the involvement of the petitioners appears to be doubtful and since the trial has not been started and the petitioners have voluntarily surrendered before the court for tri...... This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Md. Hukum Ali Mollah Vs. State, 2011, 40 CLC (HCD)
....of the Penal Code, now pending in the Court of Additional Sessions Judge, Manikgonj. 2. In a case under section 302/201/109/34 of the Penal Code an FIR was lodged on 30.4.2007 against 4 accused persons wherein the petitioner was not named there but was arrested on 4.5.2007 and thereafter made a c......ined out of 21 charge sheeted witnesses but none of them disclosed the name of the petitioner in this case save and except the confession of the petitioner there is nothing to implicate him in the so-called incident but on perusal of the confessional statement it will appear that it was exculpatory ......tioner has got fair chance of acquittal in this case and the co-accused Samir Kumar Shaha and Md. Kachher Ali have been enlarged on bail and the petitioner is in custody for more than 4 years without trial and there is no certainty as to when the trial will be commenced, in that view of the matter h......ikgonj. 2. In a case under section 302/201/109/34 of the Penal Code an FIR was lodged on 30.4.2007 against 4 accused persons wherein the petitioner was not named there but was arrested on 4.5.2007 and thereafter made a confessional statement and accordingly he was implicated in this case. 3. T..Category: Criminal Law | Date: | Hits: 66
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