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Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
.... purpose of sale; the order of conviction and sentence, passed by the Tribunal is to be sustained. The learned Assistant Attorney-General further submits that the informant being a police officer has rightly seized the articles like adulterated edible oil which is "noxious" as food and his statement...... May 14, 2003. Cases Referred To- Habibur Rahman alias Alam vs. State 47 DLR 323; Nurul Islam vs. State 1988 BLD 106; Nizam Hazari vs. State, 53 DLR 475. Lawyers involved: Md. Ayenuddin for Sk. Akhtarul Islam, Advocate —For the Convicted-Appellant-Petitioner. Fahima Nasrin, Assist......nd 2 litres of sesame oil, kept in an old red container. 14. Regard being had to the aforesaid features of the evidence including chemical examiner's report Exhibit 3, the learned Advocate has fairly submitted that the evidence on record would not warrant the impugned order of conviction and ......nt of other PWs under section 161 of the Code of Criminal Procedure and sent the seized articles for chemical examination. Ultimately, he submitted charge-sheet against the accused-appellant to stand trial for committing the offence punishable under section 25C of the Special Powers Act, 1974. 4...Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......tan Special Tribunal No. 11, Dhaka In Metropolitan Special Case No. 77 of 2002 convicting the appellant under sections 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for a period of 14 years and 7 years respectively and both the sentences to run concurrently. ......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......ure of the witnesses. Hence is this case. 3. The police after investigation of the case submitted charge-sheet under section 19A and 19 (f) of the Arms Act against the accused-appellant and on trial the case record was transmitted to the Metropolitan Senior Tribunal, Dhaka which was recorded ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....tated that the defendant No. 1 has transferred an area of 2.68 acres of land out of the suit jote in favour of different persons and has been possessing the remaining lands; that the plaintiff has no right, title and interest over the suit land; that SA record of the suit jote are correct and that t...... Other Suit No. 30 of 1997 decreeing the suit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......or the petitioner has placed before us the plaint and written statement, the deposition of the witnesses and documents filed by both the parties and the judgments of the appellate Court as well as of trial Court. 17. It is admitted that suit land belonged to Delwar Hossain and Maherunnessa who we..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pared upon examination of the dead body by a Medical Board. He gave details of the injuries found on the dead body, namely, abrasion on the left ring finger, upper and lower lips, upper eyelid on the right side of the eye. The victim's vulva was oede-matous and there was congested bloodstain and sec......No. 577 of 2004. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, 1st Court, Jhenaidah is placed for confirmation of the sentence of death imposed upon accused Md. Roushan Mondal @ Hashem upon find......sistance in the preparation and presentation of his or her defence; (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless ......after hearing submissions with regard to the age of the accused, the learned Sessions Judge came to a finding that the accused was at that time aged 15 years 21 days. Thereafter, he sent the case for trial to the Additional Sessions Judge, 1st Court, Jhenaidah, cum Nari-o-Shishu Nirjatan Daman Tribu..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....of payment was described and the same was substantiated by the evidence of DW 1. The learned Counsel lastly, submits that the learned Judge of the trial Court after considering the evidence on record rightly decreed the suit which calls for no interference by this Court. 11. No one appears on beh......creeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 216......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......f and defendant entered into a valid agreement? d) Whether the plaintiff was entitled to get a decree as prayed for? e) To what relief, if any, the plaintiff was entitled to? 7. In course of trial the plaintiff examined two witnesses including himself while defendant Nos. 1-2 examined one w..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....band is under obligation to explain the cause of such death. She added that the learned Judge of the trial Court considering the facts and circumstances of the case as well as the evidence on record, rightly convicted the appellant under the charge as framed against him and the impugned judgment and......ated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 convicting the appellant under section 302 of the Penal Code and, sentencing him to suffer imprisonment for life. 2. The prosecution case put in a nutshell is that the deceased Joynur Khatun alias Chho......stead at north viti house at village Parkhajura within Police station Manirampur, District Jessore. The conjugal life of deceased Joynur Khatun deteriorated as her accused husband had extra-marital affairs with Renu, cousin of deceased Joynur Khatun of the same homestead, consequently, the happy rel...... Station Case No. 9 dated 19-10-1988 corresponding to GR Case No. 68 of 1988. 3. After investigation Police submitted charge-sheet against the appellant. 4. Eventually the accused was placed on trial in the court of Additional Sessions Judge, Jessore to answer the charge under section 302 of t..Category: Criminal Law | Date: | Hits: 40
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....tituted Enquiry Committee and the allegations were duly enquired into and the inquiry was held in accordance with law and the Enquiry Committee submitted its report to the authority. The Labour Court rightly found that the enquiry was held impartially and properly giving the petitioner enough opport......ions against him on 12-8-1996. The petitioner gave reply to the charge framed by the respondent No. 2 Mill Authority. Without considering his reply the Mill Authority constituted an Enquiry Committee for investigation of the matter. The Enquiry Committee was not neutral. The petitioner was not given......th the proper reasoning. In the absence of any such reason it amounts to arbitrariness and in the instant case because of the absence of any reason the decision suffers from legal infirmity. With all fairness, in order to remove any misunderstanding or ambiguity, the advice or opinion of the Member ......and, as such, the case is liable to be dismissed. 5. According to the report of the Enquiry Committee, the petitioner was found guilty and he was legally dismissed from service. At the time of trial the first party petitioner examined himself as PW 1 and he also examined the witnesses and cro..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....tition praying for amendment of his written statement under Order VI, rule 17 of the Code of Civil Procedure stating that due to ill health he could not properly advise his appointed lawyer about his right, title and possession in the suit property and, as such, some material facts were not correctl......f defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defend......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......t Nos. 1 and 3 have been hatching conspiracy to cause damage to the petrol pump business of the instant defendant-opposite party No. 1. 4. After filing of the written statement dated 27-7-1997 the trial of the suit started and thereafter at the belated stage the defendant-opposite party No. 1 fil..Category: Property Law | Date: | Hits: 42
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....es. Accused Raushan Ali inflicted spade blow upon the head of PW 5, Md. Abdul Kader. Accused Samsul Haq dealt lathi blow upon his left shoulder, and accused Hakim Ali inflicted iron rod blow upon his right wrist causing fracture injuries. The other accused also caused injuries to the other witnesses......arim J Nantu Mia alias Nandu Mia alias Namdu Miah and others………….Appellants Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan for Abdul Malek, Advocate—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General-F...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......Ali and Hakim Ali, and under section 324 of the Penal Code was framed against accused Samsul Haq. The charges were read over to them who pleaded not guilty and claimed to be tried. 6. In course of trial the prosecution in all examined 13(thirteen) witnesses and the defence examined none. 7. Af..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....the contrary there are evidence, against rest of the appellants. Moreover, we find that before commencement of trial no charge was framed against appellants namely, Ripon, Habib and Farid. So their right to know about the allegation were denied by the trial Court. 32. Before scanning the eviden......ibunal Case No. 54 of 2003 convicting the appellants under section 9(3) of Nari-o-Shisu Nirjatan Daman Ain, 2000 (hereinafter referred as Ain, 2000) and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 1,00,000. 2. All these appeals having arisen out of a commo......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......e. But before taking cognisance the tribunal by the order dated 9-6-2003 transmitted the case record to Druto Bichar Tribunal, Barisal in pursuance of the Government notification dated 115-2003 for trial and disposal. Consequently, Druto Bichar Tribunal by the order dated 2-7-2003 took cognisance ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....gainst the appellant, although there are sufficient evidence available on record including observation of the Court that the alleged acid burn injuries caused permanent disfiguration of the face acid right eye of the victim Beauty Das. 32. On going through the impugned judgment it appears tha......n Case No. 7 dated 12-4-1997 convicting the accused appellant under section 5(Ga) of the Nari-o-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 and sentencing him thereunder to suffer rigorous imprisonment for 14 (fourteen) years and to pay a fine of Taka 10,000 in default to suffer further rigorous impri......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......d appellant under section 5 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995. 4. Ultimately, the case was transmitted to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail for trial, who by his order dated 7-8-1995 framed charge against the accused appellant under section 5 o..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....ition and the evidence adduced by the prosecution was substantial and affirmative lending to the finding that the appellant had committed the offence charged with and therefore, the learned Judge had rightly passed the impugned judgment and order of conviction and sentence, which was justified and r......95 convicting the accused appellant Jugal Kumar Das under sections 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment, Ordinance) 1983 and sentenced him thereunder to suffer rigorous imprisonment for 14(fourteen) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for......ody by the police and she talked to her father in jail when Jugal was still in the custody awaiting his bail. 25. In this context it may be mentioned as a part of evidence that during their affair she had written so many love letters to Jugal and out of those only 84 letters and 4 photograph......against the accused person under sections 4(Kha) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. 5. In view of the aforesaid charge-sheet the accused appellant was put on trial before Special Tribunal and Additional Sessions Judge Rajshahi to answer the same under sectio..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....urt in order to face the trial and whether the prayer for condonation of delay is likely to be allowed. 15. In the instant case it is an admitted fact that the trial was held in absentia. The right of appeal is a vested right. Though there is no specific rule in the Code of Criminal Procedur......he State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment an......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......nder section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. After submission of the charge-sheet, the case was sent to the Divisional Special Judge, Chittagong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The l..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....a, the learned Assistant Attorney-General for the State, submits that the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No. 2, is legal and he rightly dismissed the appeal affirming the judgment and order dated 10-10-1999 passed by the learned...... passed by the learned Metropolitan Magistrate in Petition Case No. 1245 of 1996 who convicted the accused petitioner under section 420 of the Penal Code, sentencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment for 6(six)......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... 11. Mr. Maqbul Ahmed, the learned Advocate for the petitioner, submits that the Court below committed error of law in convicting and sentencing the accused without lawful authority; that the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convi..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ds payable on the said shares should be paid to the petitioner, and specifically that the dividends on the said shares should not be paid to the transferor of the share, since he had relinquished all right, title and interest in the shares, as informed to the company in his letter dated 31-10-1993 i......cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com......ahman and Syed Moazzem Hossain.” 6. It is submitted that the aforesaid minutes of the board meetings and committee reports dated 24-11-1993 and 4-12-1993 clearly and manifestly demonstrate the unfair, fraudulent, oppressive and mala fide actions of the Board of Directors to register the transfe......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....ng the powers and functions of a Court, particularly when the Election Tribunals are manned by Munsifs". Paragraph 41 of the Judgment runs as follows: "Finally, an Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have be......n the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can i......y School and Boraya Maizbhag Govt. Primary School. It was alleged that on 10.2.88 except in Hajipur Govt. Primary School and Boraya Maizbhag Govt. Primary School polling cantres elections were held fairly. In Hajipur Govt. Primary School and Boraya Maizbhag Govt. Primary School Centres electio...... Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have been empowered to decide Election dispute. Procedure for holding the trial of such disputes is the same as that of an ordinary Civil Court being constituted by Munsifs..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....e bad and illegal and the same should be set aside. 10. Mr. A.B.M. Golam Majid, the learned Advocate appearing for the State on the other hand submits that the Appellant Nos. 1 and 2 have been rightly convicted and sentenced under section 302 and section 323 of the Penal Code respectively and...... Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kushtia convicting the appellant No. 1 Momin Malitha under section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sente......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......47/148/448/302 of the Penal Code. 4. Mr. S. Islam, Magistrate, 1st Class, Chuadanga then held the preliminary inquiry and committed the 6 accused persons to the Court of Sessions to stand their trial under sections 302/34 of the Penal Code by his committal order dated 7.1.77. The learned Sessi..Category: Criminal Law | Date: | Hits: 52
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....nnot be relied upon his conviction under sections 395/397 of the Penal Code can not also be sustained in law. 13. So far as accused appellant Rustom Ali is concerned the learned Sessions Judge has rightly held him guilty of an offence under section 395/397 of the Penal Code in view of the evidenc......r of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 7 years each by his judgment dated 21-4-85 in Sessions Case No. 105 of 1983. 2. The prosecuti......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......ccused-appellant Ali Howlader and Amir Hossain were identified by the witnesses. On completion of the investigation police submitted charge-sheet under section 395/397 of the Penal Code. 3. At the trial charge was framed under section 395/397 of the Penal Code against 10 accused-persons including..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......he Assistant Sessions Judge, 4th Court and Special Tribunal, Dhaka in Special Tribunal case No. 11 of 1987. The learned Special Tribunal by his order dated 1-11-88 rejected the appellant's prayer for recalling the prosecution witnesses for cross-examination. 2. The appellant's case, in short,......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......Special Tribunal by his order dated 1-11-88 rejected the appellant's prayer for recalling the prosecution witnesses for cross-examination. 2. The appellant's case, in short, is that he is facing trial in Special Tribunal case No. 11 of 1987 under section 366A of the Penal Code read with secti..Category: Criminal Law | Date: | Hits: 35
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... has taken us through the F.I.R. and other materials including the evidence on record and also the judgment of the learned Additional Sessions Judge and submits that the condemned-prisoner has been rightly convicted under section 302 of the Penal Code and sentenced to death by the learned Addition......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Reference under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the sentence of death of the condemned-prisoner Badsha Mollah passed on him on...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......dge, Bogra received the case records and fixed 18-11-86 for framing charge. Thereafter on 12-11-86 he was pleased to transfer the case to the Court of the learned Additional Sessions Judge, Bogra for trial and disposal. 3. The learned Additional Sessions Judge heard both the sides and on consider..Category: Criminal Law | Date: | Hits: 42
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