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Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....ion road with that money by his own transport and subsequently his driver who is the appellant here committed theft of the money from the brief case." Therefore I hold that the learned Sessions Judge rightly found the petitioner guilty of having committed theft in respect of money belonging to his m......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......oper points for determination. It was further alleged that formalities of the provision of section 342 Cr.P.C. were not properly observed in examining the accused and thereby he was prejudiced in his trial. The petitioner also made a grievance that the charge having been framed under section 408 of ..

Category: Criminal Law | Date: | Hits: 26

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....low found that the petitioner was entrusted with the paddy in question and as there was nothing on evidence to show that particular transaction was of partnership business the lower appellate court rightly upheld the order of conviction and sentence on the finding that the petitioner was guilty fo......fferent places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Hajee Mozaffar Ahmed Chowdhury on credit and handed over the same to the petitioner for sale at Chittagong. The petitioner sold the same at Chittagong but did not pay the sale proceeds......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......ged that as the accused petitioner did not pay the sale proceeds a Salish was held but the petitioner refused to attend the Salish and subsequently denied the entire transaction. The petitioner stood trial before the Magistrate who framed charge under section 406 of the Penal Code against him to whi..

Category: Criminal Law | Date: | Hits: 37

State Vs. Khalilur Raman, 1998, 17 CLC (HCD)

...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......er and disposed of by this judgment. 2. The prosecution case is that at about 3 P.M. on 12.9.84 the accused appellant Khalilur Rahman assaulted his wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for nonpayment of the balance of Tk.600/00 out of the dowry of Tk.4......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......tituted under sub-section (2). (2) Every Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge shall, for the areas within his session’s division, be a Special Tribunal for the trial of offences triable under this Act: Provided that the Government may, for the purpose of t..

Category: Criminal Law | Date: | Hits: 35

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....reach of trust can be brought home against the petitioners. 4. In the other petition, it has been stated that the contract between the BSRS and the petitioners company dated 29.9.80 regulating the rights and obligations of the parties under the contract for supply of cargo coasters is an undisput......rs are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 244 of 1984 the peti......etween the complainant and the accused. The above exposition of the concept of 'entrustment' does not cover or include a transaction of land or money with or without condition. The reason seems to be fairly simple. In a transaction of loan the loan giver does not retain any control over the loan amo......laint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sangstha) was established to provide credit facilities and other financial assistance to industrial concern and to encourage and broaden the base of Industrial investment in Bangladesh. 2. Th..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....o be the "existing laws" in Bangladesh as defined in Article 152(1) of the Constitution of Bangladesh. In the 3rd Edition (1954) at page 553 of S.C. Sarker's book of the Code of Civil Procedure it is rightly noted that the High Court of East Bengal and Assam have the same amendments as added Rules 4......nt No.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defend......0 and submits that since the said Calcutta High Court Rules 46A-46H of Order 21 C.P.C. has not been incorporated in the Code of Civil Procedure as published by the Ministry of law and Parliamentary Affairs of the Government of Bangladesh in 1979 Edition or even in the latest Edition published in 198......rty to bring the suit which the law allows to him (See rule 63 of Order 21)". Rules 59 to 62 of Order 21 C.P.C. in fact provide for a summary investigation into possession as distinct from a thorough trial of ultimate right. 15. It was thus the duty of the Executing Court in this case to ask the ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)

.... these days should be excluded while computing the time required for disposal of the Sessions Case. This being the position, 150 days did not expire in the present case; as such the learned judge has rightly rejected the application of the petitioners for stopping proceedings of the Sessions Case an......d others…………………..Petitioners Vs. The State.................Opposite party Judgment March 3, 1986. Lawyers Involved: Jamiruddin Sircar with Mir Hashmat Ali, Advocates- for the petitioners. Kaiseruddin Ahmed, Deputy Attorney General- for the State. Criminal Revi......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29....... and others for offences under sections 395 and 397 of the Penal Code. Thereafter the record of the case was transmitted to the Court of Sessions Judge, Pabna which was received by him on 5.11.85 for trial. The case remained pending before the learned Sessions Judge till 27.7.85 on which date the Se..

Category: Criminal Law | Date: | Hits: 24

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....session nor did they ever assert any act of possession upon the disputed homestead and tank and the plaintiffs have been in possession thereof for over the statutory period of limitation in their own right, but on or about 20th November, 1962 the defendants having no right, title or possession there......Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a ......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......l Karim, the learned Advocate appearing on behalf of the respondents submits that the learned Subordinate Judge has considered all the material facts and circumstances taken into consideration by the trial Court and in consideration thereof found that the impugned kabala was with consideration and n..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....rganj; that his appeal to the defendant against the said order of cancellation was dismissed and he was directed to give up the possession and thus he was threatened with dispossession; that he was a rightful tenant under the defendant and the Collector of the district was the competent authority to......l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......proved the settlement holding that the settlement was concluded before imposition of the ban by the Board of Revenue on the cattlemen of Government khas land with the appellant. He submitted that the trial court considering these aspects of the case rightly decreed the suit holding that he order of ..

Category: Property Law | Date: | Hits: 36

Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)

....n his evidence P.W.1 stated that before leaving the country he requested his Advocate to take steps for adjournment of hearing - a statement which was not made in the application itself and which was rightly objected to P.W.2, Mr. Syed Altaf Hossain, learned advocate for the appellant in the trial C......t August 17, 1987. Result: The appeal is dismissed. Case Referred to- Firm Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker Mahbubuddin Ahmed - for the appellant. Fakir Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Orig......the meanwhile the appellant returned from U.S.A. on 7.9.80. His only son died in a road accident on 27.9.80. For full two months thereafter he was not in a mental state to take any steps in worldly affairs. After re-opening of the Court his learned Advocate traced out the records of Title Suit No. 3...... steps for adjournment of hearing - a statement which was not made in the application itself and which was rightly objected to P.W.2, Mr. Syed Altaf Hossain, learned advocate for the appellant in the trial Court, does not say a word corroborating P.W.1 on this point. Therefore, we can safely come to..

Category: Procedural Law | Date: | Hits: 101

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....that when ex parte proceedings come to a close and the suit is fixed only for judgment or orders, the benefit of the provisions of Order 9, rule 7 are not available to the defendants, because all the rights that they had were extinguished on the day that the ex parte hearing came to a close, 15.9.83...... by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs ......ion irrationally, unjustly or capriciously. On the contrary, he has tried to avoid a snap decision and has resolved to give the litigants a real and meaningful opportunity of fighting out their cases fairly and squarely on merit. In such a situation there is hardly any ground for interference. 19...... allowing the appellant to participate in the proceedings of the suits reserved for judgment, from the stage on which the suits stood on the date fixed for judgment. The appellant then applied to the trial Court to take evidence on his behalf. The trial Court took the view that hearing in the two su..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

.... 4. Mr. SH Nurul Huda Jaigirdar, the learned Advocate appearing with Mr. Rokanuddin Mahmud, on the other hand, submits that even under section 103 of the Banking Companies Act, 1991 the plaintiffs right has been protected. They have no claim over the share of defendant No.1 but they claimed their......ho is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being ke......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......No.4 of 1995 who by the said order restrained the appellant from making any payment to defendant No.1 exceeding 1/4th of her share now being kept in the bank with the name of her late husband and the trial Court also allow defendant No.1 who is respondent No.5 here withdraw 1/4th of the deposited am..

Category: Banking Law | Date: | Hits: 122

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....tted that this decision of our Appellate Division has no manner of application in the present case before us as that was given under a different law. Where section 17(1) of the SCC Act has given some right to the appellant to file an application seeking permission from the Court for any deposit but ......ul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......that the plaintiff may institute the suit where these two defendants are residing and the plaintiff is not entitled to any relief against them. 4. Defendant No.1 also entered appearance before the trial Court and filed written statement and their case is that they acted on the advice and directio..

Category: Banking Law | Date: | Hits: 136

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....has stated, inter alia, that the petitioner is registered under the Companies Act, 1913 as a non profit making Trust with the object, inter alia, to provide legal aid to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of la......tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......thereupon prayed for payment of compensation and costs to the victim and his family. 4. The Rule has been contested by respondent No.1 Government, represented by the Secretary, Ministry of Home Affairs denying the allegation made in the application stating, inter alia, that the age of the detenu......us standi to defend a criminal and to shield him from the application of law and the petitioner (BLAST) ought not to have been so much over zealous or interested to protect a criminal from the lawful trial. The detenu is not a minor and in the writ petition no date of birth of the detenu Zaved has b..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

.....P.C. 4. The case, as has been made out by the petitioner is that the impugned action of the respondents is without lawful authority inasmuch as it is in violation of the prisoner’s fundamental rights to personal liberty and to a speedy trial as guaranteed by Articles 31, 32 and 35(3) of the C......n the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court within ......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......dul Matin J.- This Rule was issued calling upon the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of ..

Category: Criminal Law | Date: | Hits: 45

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

.... several centres, which were not taken into consideration and properly decided by the tribunal and, as such, being aggrieved by the said decision, the petitioner, namely, the present appellant, has a right of appeal against the decision. 5. By the impugned Judgment and order, the Tribunal, in all...... Respondents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of t......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......t and, after consolidating these results, election result is to be declared afresh. Article 62 of Presidents Order 155 of 1972 reads as follows: (1) The Tribunal may, upon the conclusion of the trial of an election petition, make an order- (a) dismissing the petition; (b) declaring the e..

Category: Election Law | Date: | Hits: 159

Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)

....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......��………………………………Respondent Judgment December 12, 1999. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Petitioners. Abdus Salam Khan, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 1928 of 1998. Judgment Abu Sayeed ......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......mits that the principal offence as alleged in this case, according to the FIR, is said to have been committed under section 509 of Penal Code which is non-cognizable offence. Therefore, in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not..

Category: Criminal Law | Date: | Hits: 34

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......d decree dated 26-11-1996 passed by the 4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......r of the suit property in favour of the plaintiff and that since the defendant deposited rent in the HR Case No. 5 of 1993 he was not a defaulter. 4. On consideration of the evidence on record the trial Court found that there was no bona fide requirement of the suit property and hence dismissed t..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......n application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specifi......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... was in possession of the suit shop and thereafter, whether she was dispossessed. In support of their respective cases, plaintiff examined 3 witnesses while defendants examined 2 witnesses. 6. The trial Court decreed the suit as stated earlier and also directed the defendants to restore possessio..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......n-Record- For the Petitioner. Khurshid Alam Khan, Advocate, instructed by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the Hig......Case No.15466 of 2007, the High Court Division was pleased to transfer the case to the 1st Court of Metropolitan Additional Sessions Judge, Dhaka, for trial but in the meantime the Ministry of Home Affairs by gazette notification transferred the case to Druto Bichar Tribunal No. 3, Dhaka, for dispos......gment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 2008 discharging the rule. 2. Relevant facts are that the accused petitioner was facing trial in Sessions Case No.2280 of 2007 arising out of Uttara Police Station Case No. 40 dated 28-8-2..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....27, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution. 2. Short facts leading to this Rule ......slam, Advocate-For Respondent No. 12. Writ Petition No. 5915 of 2005 Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possess......e people to vacate the said Basti immediately. The existence of the said Basti is well known among the government Ministries and departments including the Ministry of Public Works, Ministry of Home Affairs, Ministry of Women’s Affairs and the NGO Affairs Bureau. The Government is actively involved......8 SC 2342; Shiv Sagar Tiwari Vs. Union of India, (1997) 1 SCC 444; Ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan, (1997) 11 SCC 121; JP Ravidas Vs. Navyuvak Haijan Uthapan Multi Unit Industrial Co-op Society Ltd, AIR 1996 SC 2151; UP Avas Evam Vikas Parishad Vs. Friends Coop Housing Soci..

Category: Constitutional Law | Date: | Hits: 171

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