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Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
.... Sessions Judge, Barisal in Sessions Case No.108 of 2005 arising out of G.R. Case No.415 of 2003 (Sadar) convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay of Tk. 25,000/-, in default to suffer rigorous imprisonment for further ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......tigation police submitted a charge sheet against the appellant on 13.10.2004 under section 302 of the Penal Code. 4. Thereafter the case was transmitted to the court of Sessions Judge, Barisal for trial and renumbered as Sessions Case No.108 of 2005 wherein a charge was so framed against the appe......the appellant. Bashir Ahmed, Assistant Attorney General -For the respondent. Criminal Appeal No. 1600 of 2007. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 28.02.2007 passed by the learned Sessions Judge, Barisal in Sessions Case No.108 of ..Category: Criminal Law | Date: | Hits: 52
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rty was allotted to one late Nazir Akter Begum vide Memo No. 2320 dated 14.08.1975 who got delivery of possession on 28.01.1976 and thereafter she died intestate on 20.11.1977 leaving behind her only son Ahmed Newaz Bhuiyan to inherit her properties including the suit property, who has been made......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......Civil) 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 Most. Aleya Begum and others ………………………………Petitioners Vs. Rahima Begum and others .........Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....r as defendants. 2. Facts relevant for the disposal of the Rule are that, Abdur Rahman, the father of both the plaintiff and the defendant No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possession of the remaining ......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... to have inherited one-third of the suit properties which the defendant has denied. 7. Arifur Rahman, the learned Advocate appearing on behalf of the defendant-petitioner, submits that the learned trial Court did not duly consider the evidence on record and thereby arrived at a wrong finding that......o Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....aside the judgment and decree dated 31-10-92 passed in Title Suit No.96 of 1990 by the Assistant Judge, Shibchar, Madaripur, who dismissed the suit. 2. Admittedly Gouranga Chandra Das, the predecessor-in-interest of the defendants was the owner in possession of the suit. And which is situated wit......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......ed but after agreement the suit even has not been filed within 3 years from the date of death of Gouranga Chandra. The suit has been filed admittedly on 21-10-90 corresponding to 5-7-1397 BS. So, the trial Court rightly held that the suit is barred by limitation. 12. But the appellate Court ignor......t is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... 2. It appears that the complainant filed a petition of complainant with an allegation that the accused petitioners though not owner of the land of plot No.348 of CS Khatian No.3 of mouza Narayanpur sold 0.15 decimals out of that plot to him but subsequently when he came to know that the accused pe......For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessio...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......lso Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ted against the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 8 of 2008 with WP No. 1777 of 2008 and WP No. 1778 of 2008 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioner is stated to be......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......f the ACC Act, 2004 rend with section 109 of the Penal Code were taken against all of them. Then, the case record was transferred to the 4th Court of Special Judge at Sher-e-Bangla Nagar, Dhaka for trial. On 25-6-2008 the case record was received and renumbered as Special Case No.5 of 2008. The ca......—For the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 1..Category: Fiscal/Taxation Law | Date: | Hits: 86
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....itle. Their case, in short, is that they are the successive heirs of Herajtullah, one of the original owners of C.S. Khatian Nos. 384/1614 under Chourhash mouja. Some lands of the said mouja were sold in auction in Money Execution Case No. 1417 of 1925 and Delbar Sheikh, the original plaintiff N......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......No.12, on the other hand, narrated as to how the defendant Nos.1 and 4 and 3 & 21 acquired some lands out of the suit plots by purchase by deeds dated 23rd May, 1959 and 15th May, 1970. 4. The trial Court initially decreed the suit and allotted a saham of 1.18 acres of land in favour the plai......der is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007.) Judgment SK Sinha J. - By this petition the petitioners sought for review of the judgment and order dated 3rd August, 2008 of this court in Civil Petition f......984. One Abdul Hasan had filed application on 26th April, 1995 before the Assistant Commissioner (lands), Gopalgonj, for lease of the suit property and accordingly, the Assistant Commissioner (lands) called for a report from the local Tahsil Office. The local Tahsildar submitted a report on 6th June......e Acquisition and Tenancy Act, 1950 and the decision reported in 31 DLR (AD) 323, which could not be placed before this court at the time of hearing of the leave petition. He further submits that the trial Court and the lower appellate Court on consideration of oral and documentary evidence having f......R (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....s review petition at the instance of the petitioners is directed against the judgment and order dated 24th March, 2009 of this Division in the Civil Petition Nos.60 and 214 of 2008. 2. The predecessor of the respondent No.1 Maulana Mohammad Harun, Secretary, Charia Kasemul Uluma Madrasha filed an......d the Mutwalli is not coming forward for enrolment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was not made since file of E.C. No. 4401 was called for by Ministry of LA and L.R., Govt. of Bangladesh. Accordingly the enrolment application wa...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Shah Ahmed being dead his heirs Mahbubur Rahman Chowdhury and others……Petitioners Vs. Muhammad Abdullah and others…………...........Respondents..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
.... No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs and for further declaration that no part and parcel......on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succ......ritance, and that taking the advantage of the helpless condition of the defendant No. 1, Ayesha Khatun, the plaintiffs brought this suit on false grounds which is liable to be dismissed. 7. At the trial, the plaintiffs examined 3 (three) witnesses in support of their case. PW 1, Rabindra Chandra ......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....al Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………..Petitioner Vs. Md. Kaloo ……………………………….Condemned Prisoner. Judgment November 4, 2003. Cases Referred to- Gourangh Kumar Saha Vs. State, 2 B......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ult Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was performed by Dr M Shamsul Hussan (P......nce No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became victim of dowry lust of her husband Md. Kaloo and Kohinur was tortured to death by him. 2. Diabolical and revolting crime had bee..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
..... Abdus Salam Bhuiyan, Assistant Attorney-General with Khaleda Begum, Assistant Attorney-General—For the State-Appellant. Md. Khalilur Rahman Bhuiyan, State Defence Lawyer—For the Condemned Prisoner Nos. 1-3. Muhammad Salahuddin with Md. Abu Hanif, State Defence Lawyers—For the Condemned......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......ns namely, Bangla Bhai, Ataur Rahman Sunny and co-accused Sultan, pleaded not guilty, and the 4(four) others pleaded guilty to the charge, Convict Arif having remained in abscondence did not face the trial. All the 6 condemned prisoners were present during trial, but refused to engage any lawyer to ......sion (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
.... Special Tribunal Case No. 212 of 2000 convicting the jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there under to rigorous imprisonment for 10 years for the first count of offence read with section 19A of the Arms Act and to rig......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......of Criminal Procedure under the heading "OFFENCES AGAINST OTHER LAWS", Special Powers Act, 1974 does not fall within the category of "other laws". It is a special law providing special procedures for trial of offences created under it and offences made triable under it in terms of section 26 of the ......stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....8. ......in the case at the instance of Masud Alam and others. 6. PW 2 Md. Yusuf Bhuiyan deposed that deceased Abdul Khaleque was his elder brother and on 16-12-98 at about 3-00 AM his uncle Shirajul Islam called him and told him that there was an outcry coming from the house of his brother and then he (P......t the condemned prisoners under sections 448/302/34 of the Penal Code. Subsequently, the case record was transmitted to the court of Sessions Judge, Lakshmipur who after framing charge and holding trial convicted and sentenced the condemned prisoners as aforesaid. 4. The defence case of the co......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....Civil Rule No. 156 (FM) of 2002). Judgment Md. Abdur Rashid J. - Purchaser (pre-emptee) presented the appeal against an order dated 11-12-2001 passed by the Subordinate Judge. Court No, 2 at Jessore in Miscellaneous Case No. 1 of 2000, which allowed pre-emption. 2. Respondent No. 1 on 2-9-9......ereby affirmed. In view of order of dismissal of the appeal, connected Civil Rule No. 156 (FM) of 2002 is also discharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DL......hich the pre-emptor already disposed of all his shares by transfer. No attempt was however taken by them to prove any of the documents; none of documents was tendered and marked Exhibit. Accordingly, trial Court had to exclude them from consideration, after examination of tile record, we also could ......his Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....r or withdrawal shall fix a date for appearance of the parties before itself, if the suit, appeal or other proceeding is to be tried or disposed of by itself, or before the Court to which the case is so transferred. (2) Where any suit, appeal or other proceeding is transferred from one Court to ...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......sire to be heard, or of its own motion without such notice, the High Court Division or the District Court may, at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal of any Court subordinate to it and competent to try or dispose of the same, or ......Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Nurul Haque Sarker………………………………..Petitioner Vs. Janata Bank and others………………………….Opposite Parties. Judgment July 30, 2006. Lawyers ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
.... same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......udge, Martikganj, in Family Appeal No. 8 of 1993 affirmed the judgment and decree of the Family Court passed in Family Suit No. 11 of 1990. As such, the present suit is liable to be set aside. At the trial, the plaintiff examined 1 witness named Feroza Afroz, who is the mother of the plaintiff, and ......on No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. Sta......ng well dressed came to the PO house and was present in Kulkhani of deceased Shajneen held on 26-4- 1998. Thereafter Hasan did not come to the PO house till 30-4-1998, on which date he came as he was called by his eldest daughter (PW 3). He also stated that prior to the occurrence deceased Shajneen ......parents arrived and took Shajneen to the PO House. However the disclosure of the bathroom incident was delayed. Because, after arrival from India, Shajneen's mother became ill and her father, an industrialist, became busy with his business affairs. So the elder sisters and their husbands decided to ......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....na Begum got 8 anna share and later on Amina Begum died without any issue, leaving two cousins Hinguluddin and Alif Khalifa; that Alif Khalifa got 8 anna share and then Alif Khalifa died, leaving one son Meseruddin Khalifa and one daughter Mayajan; that Meseruddin got 5 anna 6 gonda 2 Kara and 2 kra......n the party who substantially asserts the affirmative of the issue and not upon the party who desires it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succ......the plaintiffs is false, and that solenama filed by the plaintiffs and defendant Nos. 1-3, 8, 9, 11 to 13 was collusive and fraudulent and, as such, the suit is liable to be dismissed. 11. At the trial, the plaintiffs examined one witness in support of his case. PW 1 Aklima Begum is the plaintif......is Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....d another namely, accused Hani alias Habibur Rahman under sections 395 & 397 of the Penal Code and sentencing the accused-appellant No. 1 and accused Habi @ Habibur Rahman to suffer rigorous imprisonment for four years each with a fine of Taka 2,000 in default to suffer rigorous imprisonment for......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......rials on record framed charge under sections 395. 397 of the Penal Code against all the accused and read it over to them on dock to which they pleaded not guilty and claimed to be tried. In course of trial the prosecution examined seven witnesses and the defence examined none. After close of the pro...... Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52