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Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
....Palash Khan and Md. Anik Chowdhury and in presence of the witnesses recovered a 7.65 m.m pistol with loaded 2 round bullets from the possession of the accused Md. Palash Khan searching his body and also recovered a 9 m.m. pistol with loaded 2 round bullets from the possession of the accused Md. Anik...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 9. Considering the submission made by the learned advocate to the effect that the trial is delayed for no-fault of the appellant and also considering that co-accused standing of the ......ial Tribunal No.8, Dhaka in Metropolitan Special Tribunal Case No.856 of 2008 arising out of G.R. Case No. 787 of 2008 corresponding to Khilgaon P.S. Case No. 25 dated 05.08.2008 under sections 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, i..Category: Criminal Law | Date: | Hits: 49
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....…………………….Petitioner Vs. The State ……………………………………………………….Opposite party Judgment March 7, 2011. Result: The rule is made absolute. Lawyers Involved: A.F.M. Md. Zabair Hossain, Advocate-For the petitioner. Bashir A......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: ......down under section 167 of the Code of Criminal Procedure, till now the investigating officer could not conclude the investigation and not submitted any report and there is no certainty as to when the trial will be commenced and the petitioner is languishing in jail custody for more than a year witho......lleging inter alia that 18.8.09 while he was sleeping with his family member in his dwelling house situated at west Jhalokati village at night at about 2.30 hours 10 to 12 dacoits encircled his house and some of them entered into his house by cutting grill, while he started crying, 7 to 8 dacoits in..Category: Criminal Law | Date: | Hits: 50
Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
.... helper Md. Mahfuz was not come into the PHP steel mills and on quarry he was informed from the driver that due to disturb of the truck he was not able to reach thereto and thereafter the informant also informed that the said truck went towards the Dhaka-Chittagong Road, being not to go the PHP Stee......y 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: ......or the petitioner submits that the maximum sentence awarded under section 407/420 of the Penal Code for 7 years and by this time the petitioner has served out for more than 16 months and till now the trial has not been started and there is no certainty as to when the trial will be concluded, accordi......Chittagong. 2. Prosecution case, in short is that on 17.10.2009 one Hazi Mohammad Ali lodged an FIR with the Sitakunda Thana, Chittagong on 15.10.2009 alleging inter alia that he is the sharer of Bander Carrier Services and he used to engage in transport business and supplied the imported goods t..Category: Criminal Law | Date: | Hits: 51
Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)
....nal Code, now pending in the Court of Sessions Judge, Shariatpur. 2. For killing the daughter of the informant an FIR was lodged under section 302/34 of the Penal Code against 3 unknown accused persons including the petitioner. 3. Thereafter the petitioner was voluntarily surrendered on 21.4.2...... 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: ......bject to the satisfaction of the learned Sessions Judge, Shariatpur in Sessions Case No. 26 of 2009 arising out of G.R. No.161 of 2008 corresponding to Zazira P.S. Case No. 7 dated 20.11.2008. The trial court however, is at liberty to cancel the bail, if the accused petitioner misuses in any way ......informant an FIR was lodged under section 302/34 of the Penal Code against 3 unknown accused persons including the petitioner. 3. Thereafter the petitioner was voluntarily surrendered on 21.4.2009 and moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appeari..Category: Criminal Law | Date: | Hits: 52
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
....11, Dhaka in Special Tribunal Case No.635 of 2008 arising out of G.R. Case No. 232 of 2008 corresponding to Badda P.S. Case No.33 dated 18.4.08 is hereby set aside and the appellant Md. Jashim Uddin, son of late Siraz Mia may find bail on furnishing bail bond subject to the satisfaction of the learn...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......he learned advocate appearing for the appellant on drawing our attention to the latest position of the case submits that the case was transmitted to the Court of Special Tribunal in the year 2008 for trial but even after issuance of the non bailable warrant of arrest, till the last date i.e. on6.2.1......se under section 392 of the Penal Code in Gulshan P.S. Case No.44 dated 11.02.2008 the petitioner disclosed that he possess an arms accordingly the informant raided the house of the accused appellant and recovered a revolver on his pointing out and accordingly he was shown arrested on 18.4.08 and an..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....in Choudhury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others…………......ese documents are kept secret, were, nevertheless, able to procure them, leaving one to wonder how they had access to them if they were kept in Alibaba’s Cave. It is interesting to note that the so-called public concern is being voiced only since the last year or so, whereas the first PSC was exec......tribution System Ltd., who supply gas, produced by two companies of Petrobangla, named Bangladesh Gas Field Company Ltd. and Sylhet Gas Field Company Ltd., to power plants, fertilizer factories, industrial and commercial concerns and household consumers. Petrobangla is also involved in mineral explo......16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
.... No.26 of 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonment for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous impris......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......vestigated the case and on completion of the investigation submitted charged sheet against the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947, to stand trial in the Court. 4. Upon the aforesaid allegations the accused appellant was put on trial befo......te—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case N..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....ove impugned notice dated 27-3-94 (Annexure-A) under section 4(1) of the Anti-Corruption Act asking her to submit statements of her properties moveable and immoveable including liabilities disclosing sources of her income standing in her own name or in the names of her dependents within 45 days fail......ection 3 runs as below,- “3. Constitution and powers of the Bureau.— (1) Notwithstanding anything contained in the Police Act, 1861 (V of 1861), the Government may constitute a Bureau to be called the Bureau of Anti-Corruption for enquiry into and investigation in the offences specified in......n respect of an offence before an officer competent to investigate it or to whom complaint is made relating to commission of an offence before a Magistrate to try or to send to another Magistrate for trial of the offences. He contends that the issuance of the notice under section 4(1) of the Act is ......AN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others………………………….Respondents Judgment August 8, 2000. Cases Referre..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....n 561A CrPC on the prayer of the four accused petitioners, namely (1) Shamsuddin Ahmed, Assistant Editor Daily Jana Kantha, (2) Md. Atiqullah Khan Masud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having it......ing of any Muslim or to distort the meaning of the said Sura or the Holy Quran. 7. The intention of the publication was to make the real Muslim aware about the false interpretation given by the so-called half educated and self-claimed preachers of Islam in the society. In fact, the petitioners wh......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......s also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....lek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was obtained by the successors-in-interest of the plaintiff, late Sultan Ahmed against the judgment and decree dated 16-06-94 ......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......s for value without notice of the ‘Ekrarnama’. They asserted that the plaintiff was estopped from raising any question as to any sort of mortgage and thereby not entitled to any decree. 6. The trial Court decreed the suit without costs and directed the defendants to deliver the possession of ...... Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu S..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....sed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No. 402 of 1982/69 of 1990 allowing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding the names of his legal heirs of the deceased defendant in his place. 2.......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......n behalf of the defendant petitioner submits that abatement of the suit having taken effect for non substitution of the legal representatives of the deceased sole defendant within prescribed time the trial Court has committed error of law resulting in an error in decision occasioning failure of Just......vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
.... that divorce between the spouses did not take place and the plaintiff was entitled to maintenance from the date of institution of the suit and awarded a decree of Taka 41,000.00 as maintenance and also an amount of Taka 30,000.00 in respect of dower. (c) The defendant against the above adjudicat......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......la. The Family Appellate Court by the judgment and decree dated 22-5-1997 allowed the appeal, set aside the judgment and decree recorded by the Family Court and sent the suit back on remand for fresh trial with the observation that the genuineness of the Talaknama and the signature thereon were requ......) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For th..Category: Procedural Law | Date: | Hits: 67
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....r rule 17 or rule 18 the appellant may appeal and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks......ice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause from appearing before the Court when the appeal was called for hearing the learned Subordinate Judge erred in law in re-admitting the appeal illegally a......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......lication under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal No.226 of 1981 was earlier dismissed for default by order dated 6-6-91 which was ultimately set aside and the appeal re-admitted. 2. Mr. Azizul Hoque, the learned Advocate appearing for the petitione..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es of the case when the assessment proceedings were in a state of pendency following issue of notices under sections 22(2) and 22(4) whether it could have been said that income had escaped assessment so that a notice under section 34 of the Income Tax Act, 1922 could validly be issued. (iii) Whet......t file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued a notice on 12-3-82 under section 22(2) of the Income Tax Act, 1922 (hereinafter called the Act) calling for the return in terms of the said notice. The assessee applicant did not c......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......……………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
.... but only Taka 35 lac was sanctioned and paid. Since the money was not sufficient enough to complete the project the plaintiff company prayed for further loan of Taka 15 lac and the defendants Bank also sanctioned Taka 5 lac but in fact paid only 4 lac in different instalments. The further case of t......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......y on 21-3-92 for Taka 89,88,000.00 only. The further case of the defendants Bank as per written statement is that the plaintiff’s suit was not maintainable and was liable to be dismissed. 5. The trial Court decreed the suit for Taka 49,71,250.00. 6. Being aggrieved by the aforesaid judgment ...... also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ined on the basis of terms and conditions as received from the Government. The plaintiff claimed that New Industrial Policy (NTP) of 1982 came into force on 1.7.82, in which the Government introduced some incentives for the industries located in less developed areas and for 100% export oriented in......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......g bank rate subject to a minimum of 14.50% per annum but the rate shall be finally determined on the basis of terms and conditions as received from the Government. The plaintiff claimed that New Industrial Policy (NTP) of 1982 came into force on 1.7.82, in which the Government introduced some incent...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ower Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of offences mentioned in rules 14 and 15. However ......Panir Vs. Bangladesh reported in 44 DLR (AD) 319 held:- "Therefore the broad decision that a law can be declared void in case of a conflict with any provision of Part II of the Constitution was uncalled for and made on hypothetical facts. This, as a rule, the Courts always abhor. The Court does ......s that by the expression namely, "কোন আদালত বা ট্রাইবুনাল" as in 19Ka and 19Kha no other reference is possible other than "the Court or the tribunal" where the trial is supposed to take place. How then the same expression can disclose a different meaning in th......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....ent on 5-10-79 and put the plaintiff in possession thereof. On subsequent two dates, she received the balance of the consideration in writing in presence of witnesses. 3. It is further stated that some persons having no interest in the said land instituted Title Suit No.626 of 1979 and got an ord......upheld. Order of stay issued at the time of issue of the Rule on 23-7-97 staying all further proceedings of Title Execution Case 1 of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported ...... number of documents including deed of sale dated 3-2-59 and the agreement dated 5-10-79 which were marked as exhibits No.1 to 10 while defendant No.11 adduced exhibits No. Ka to Ga series. 9. The trial found that the agreement dated 5-10-79 Exhibit No. 3 as genuine but it held that the deed of s......D) (2001) 612. ..Category: Property Law | Date: | Hits: 91
....r for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted Other Class Suit No.181 of 1985 in the Court of Munsif, First Court at Bogra for eviction of the predecessor-in-interest of the opposite parties, Ismail Sheikh as a licensee. Suit was decreed ex parte on 2...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......tely withdrawn, Opposite parties then preferred an appeal against the ex parte decree being Other Class Appeal No. 143 of 1987 which was allowed on 22-9-93 and the case was sent back on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in Civil R......t once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Contractor the predecessor of opposite party Nos.1-8 as plaintiffs filed SCC Suit No.155 of 1985 in the Court of the Subord......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......under section 17(1) of the SCC as the order dated 4-8-90 passed in Miscellaneous Case No. 136 of 1987 being not a decree the provision of section 17(1) of the SC Act is not applicable and the learned trial Court further held that the provision of the Code of Civil Procedure will be applicable. The l...... in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
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