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Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....notice under Memo No. Dudak/103-2007(Anu-2)/3152 dated 29.05.2007 subÂmitted a statement of his assets through his attorney Md. Zillur Rahman which was alleged found by disproportionate to his known source of income and thereby he alleged to have committed the offence publishable under Sections 26(......larged on bail to the satisfacÂtion of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a periÂod of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......s 26(2)727(1) of the Anti-Corruption Ain, 2004 read with Section 15 Gha (5) of Emergency Powers Rules, 2007. Ultimately on investigation a police report was submitted with a recomÂmendation to stand trial by the accused-petitioner for commission of offence pubÂlishable under Sections 26(2)727(1) o......….…….Petitioner Vs. The State, repreÂsented by the Deputy Commissioner, Dhaka………….Respondent Order January 25, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate and Ajmalul Hossain, Q.C. Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For ..Category: Anti-Corruption Laws | Date: | Hits: 120
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... Kumar Sinha J Md. Zahidul Islam..............................Petitioner Vs. Md. Kamal Hossain and another .........Respondents Judgment November 16, 2009. Lawyers Involved: Munsorul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For ...... absolute. The above submission merit consideraÂtion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......ing the case records from the Court of Sessions Judge Rajshahi, the learned Additional Sessions Judge, Rajshahi fixed the next dates on 27.01.2008 and then on 16.03.2008 and lastly on 12.05.2008 for trial of the above case but in the meantime the respondent No.1 filed an application before the High...... Md. Tafazzul Islam J Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Zahidul Islam..............................Petitioner Vs. Md. Kamal Hossain and another .........Respondents Judgment November 16, 2009. Lawyers Involved: Munsoru..Category: Criminal Law | Date: | Hits: 39
Rakib and others Vs. State, 2010, 39 CLC (AD)
....4 with Criminal Appeal No.3792 of 2004 with Jail Appeal No. 1058 of 2004 with Govt. Appeal No.58 of 2004 convicting the petiÂtioners under Section 147 of the Penal Code and awarding sentence of imprisonÂment of 1(one) year and fine of TK. 2000.00 in addition to the period already served out upon p......e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ...... After investigation Police submitted charge sheet No.54 dated 23.02.2003 under Section 326/307/302/114/34 of the Penal Code against 7 accused persons in G.R. Case No.1529 of 2002. 4. In course of trial the prosecution examÂined 19 witnesses in support of the case while the defence adduced witne......lso Reported in: VIII ADC (2011) 57. ..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....blic of Bangladesh is directed against the judgÂment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous Case No. 6416 of 2009 making the Rule absolute. 2. The facts involved in the case, in short, are that the accused-petitioner and the fath......aper books is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......ence the prosecution having been able to prove its case beyond all shadow of reaÂsonable doubt and at this stage the impugned judgment and order of bail would create obstacle in the way of free-fair trial. In view of the above, the submissions of the learned Counsel for the petitioner deserve co......cord-For the Petitioner. Anisul Huq, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 408 of 2009. (From the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscella..Category: Criminal Law | Date: | Hits: 42
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....elief as prayed for. In view of the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ported poultry feed from India opening the complainant Bank 20% margin letter of credit No. UCBER B-ACU-98092 dated 16.04.1998 and letter of credit No. UCBER B-ACU-98124 dated 17.05.1998 herein after called L/C for $ 12,2000 and $ 10,8000 (Bangladeshi TK.5,68,215.00 and 4,86,902.00) PAD No.135/98 an......buse of the process of Court. 5. It appears that the allegation brought against the accused petitioner in the FIR and charge sheet would be proved or disÂproved by leading evidence at the time of trial and the offence of the accused petiÂtioner could not be adjudicated without taking proper evi......ision (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Md. Azizur Rahman…………..............Petitioner Vs. The State and another……………......Respondents Judgment January 11, 2010. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 55
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
....o.42 of 2005 directing against the death sentence dated 09.04.2005 passed by the learned Sessions Judge, Narayanganj in Sessions Case No.312 of 2004 dismissing the Criminal Appeal of the condemned prisoner and thereby accepting the death reference by being confirmed the death sentence. 2. The pro...... of paper books is disÂpensed with as prayed for. The period of order of stay granted earÂlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......et against the condemned prisoner and another on 31.03.2004 under Section 302/114 of the Penal Code. 4. After submission of charge sheet, the case was transferred to the learned Sessions Judge for trial and disposal and the same was registered as Session Case No.312 of 2004 and the Court of trial......Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 312 of 2009. (From the judgment and order dated the 18th, 19th and 20th day of November, 2008 passed by the High Court Division in D..Category: Criminal Law | Date: | Hits: 49
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....zzul Islam J. - The above appeals, by leave, are directed against the common judgment and order dated 13.7.2004 of the High Court Division passed in Civil Revision Nos. 5480 and 5481 of 2000 making absolute the Rules obtained challenging the common judgÂment and decree dated 18.7.2000 of the learne......or declaration simpliciter is not maintainable; moreover the concerned volume containing the records of Deed No.21065 dated 15.4.75, which is a permanent record and is kept under double lock, was not called for and accordingly the High Court Division rightly refused to rely on the photocopies of the......Sub-Registry Office produced before the Court the Thumb Impression Register which showed that the executant of above Deed No.21065 dated 21.4.75 was one Abu Syeed and not Hedayetullah and further the trial Court erroneously held that Beraful Nessa, being the plaintiff of Title Suit No.61 of 1996, sh...... 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....tirodh Ain, 2009, now pending before the Court of Metropolitan Senior Special Judge, Dhaka. 3. The petitioner in the writ petition stated, inter alia, that he is a citizen of Bangladesh, the elder son of the former President Shaheed Ziaur Rahman and the former Prime Minister Begum Khaleda Zia and......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ...... Vs. The State reported in AIR 1964 Allahabad 6, the Allahabad High Court was required to decide whether the whole proceedings under Section 19(f) of the Arms Act 1878 instituted on 02.05.1962 and on trial the conviction of the applicant on 25.08.1962 are void and cannot be cured in view of the repe...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judg..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....s. State, 44 DLR 246. Lawyers involved: Md. Helaluddin Mollah, Deputy Attorney-General with Abdul Baset, Assistant Attorney-General-For the State. Farida Begum. Advocate-For the Condemned Prisoner. Dr. Shahdeen Malik with MA Mannan Khan, Syed Ziaul Hasan, Advocates-For the Appellant. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......used Fazilutennessa recorded by a competent Magistrate and finally, submitted charge-sheet against both the accused. 6. The case record came before the learned Additional Sessions judge, Bhola for trial. 7. Charge was framed against accused Saiful Islam and Fazilutennessa under sections 302/34...... Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....nch of this Court on 26‑11‑2002 discharging the Rule. 2. In the application for re‑hearing it has, been stated, inter alia, that the learned Advocate for the plaintiff-petitioner had been in some personal difficulties for which he had to remain out of Dhaka and move now and then from Dhaka ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for reÂhearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......rned deed of gift was genuine or created fraudulently on obtaining the thumb impression of Meherunnesa who was suffering from old age diseases. From the 3 (three) suits three title Appeals arose. The trial Court and the appellate Court passed 6 judgments while in 5 judgments the Court below decided ......3. ..Category: Property Law | Date: | Hits: 73
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....nded by the respondent No. 2 that the people of Bangladesh are quite familiar with State Express cigarettes and the words "State" and "Express', either singly or in combination, have become closely associated in the minds of the public in Bangladesh with their products only and it has now come to su......Express" from the label of the appellant. 2. The respondent No.2 Ardath Tobacco Company Limited filed an application under section 37 read with section 46 of the Trade Marks Act, 1940 (hereinafter called "the Act") for removal or rectification of the registered Trade Mark of the appellant on the ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers involved: ..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....mily Suit No. 9 of 1999 before the Court of learned Senior Assistant Judge, Sadar, Mymensingh against the defendant Nos. 1 and 2 for dower of Taka 45,000 and maintenance for herself and for her minor son at the rate of Taka 1000 per head per month stating, inter alia, that the plaintiff was married ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......ingh and the plaintiff examined 2 witnesses to prove her case and the defendant No. 1 examined himself. After hearing the learned Advocates of the parties and considering the materials on record, the trial Court was pleased to dismiss the suit by her Muslim. The proposal and acceptance must both be ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Jashimuddin (Md.) alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....vocate-State Defence Lawyer for the Respondent. Death Reference No. 33 of 2001. Judgment SK Sinha J.- The Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Chandpur sentenced the condemned prisoner Billal Hossain Gazi to death by judgment and order dated 30‑7‑2001 in Nari‑oÂ-Shishu. N......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......‘7‑2001 in Nari‑oÂ-Shishu. Nirjatan Daman Bishesh Case No. 43 of 1999. Thereupon the Bishesh Adalat made the above reference for confirmation of the sentence. 2. Condemned prisoner was put on trial before the Bishesh Adalat, Chandpur to face charge under section 10(1) of the Nari‑o‑Shish...... Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant Attorney-General-For the State. Md. Abdul Haque, Advocate-State Defenc..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....‑o‑Shishu Nirjatan Case No. 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM o...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ccused Masud. 3. The police after usual investigation submitted charge-sheet against accused-appellant Md. Masud Mia under section 6(1) of the Women and Children Repression Act, 1995. 4. At the trial, the prosecution examined as many as 6 witnesses while the accused examined none in defence. ...... Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliru..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the biggest industrialists in Bangladesh and also well known in the media circle since he owns one of the biggest Bengali newspapers namely, 'The D......ed calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process o...... satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the biggest industrialists in Bangladesh and also well known in the media circle since he owns one of the biggest Ben......abul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, ..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....owner in possession of 3 decimals of land including the suit land, which was accordingly record in his name in CS Khatian No. 315. Tamej Sheikh transferred said land to Nandalal Das and Bateswar Das, sons of Mohan Das and delivered possession. SA record of rights was separately prepared in their nam......mpugned Judgment and decree of the appellate Court are hereby set aside and those of trial Court are restored. Order of status quo granted at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is ....... Husband of the plaintiff got the suit land mutated in collusion with corrupt 'Tahshilder' and such mutation had no legal effect. 6. On the aforesaid pleadings following issues were framed by the trial Court: (a) was the suit maintainable in the manner and form as framed? (b) was the suit ......t High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....and proper. 2. It is stated in the petitions that the detenue Liakat Sikder is a student of Dhaka University and President of Bangladesh Chattra League and the detenu Md. Rafiqul Islam Kotwal is also a student of Dhaka University and Vice President of Bangladesh Chattra League. They have long pol......tating its own reason, can adjourn the proceedings till such time as the investigation is completed. From this, it would be clear that in the first stage under section 167 of the Code that is usually called remand to the police or in the prison. The second stage comes when the investigation is not c......n the United States, the law relating to remand has developed in two distinct phases. The first phase in both countries focused chiefly on the problem of securing the attendance of the accused at the trial. In Rose (1898) 78 LT 119, Lord Russell stated that "it cannot be too strongly impressed on th...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
....ut the same was for a limited purpose and the entire Code of the Civil Procedure has no application in the disposal of an election petition. The learned Advocate has invited my attention to Rule 47 also which provides that subject to the provision of this rule, every election petition would be tried...... M Ashruf Ali for Farhad Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tr......ttention to Rule 47 also which provides that subject to the provision of this rule, every election petition would be tried as practically as may be, in accordance with the procedure laid down for the trial of suits under the Code of Civil Procedure, 1908. The learned Advocate has relied on a decisio......t Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Case Referred ..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
.... will. Upon such information above PS case was started under section 9(1) of the Nari‑o-Shishu Nirjatan Daman Ain, 2000 and after investigation charge‑sheet was submitted against accused Harun as sole accused under sections 7/9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. 3. Subs......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......e No. 639 of 2002. 4. Hearing both sides charge was framed against accused Harun under sections 7/9(1) of the said Ain to which accused pleaded not guilty and claimed to be tried. Accordingly, trial commenced. A hail petition was moved on 14‑10‑2002 and after hearing the parties and consi......ddin to the effect when his daughter Shewly Khatun, aged 14 years, went to bamboo bush to make the goat drink water when accused Harun came, took her to a nearby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) o..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- Begu Vs. Emperor, AIR 1925 PC 130; Md.......ne No. 760934 of PW 36. Hashem Ali Molla (PW 36) received the call and on the other side of the telephone Abdus Sabur (convict-appellant) wanted to know the arrival of Fatik. Hashem Ali Molla (PW 36) called Fatik and Fatik and Abdus Sabur had conversation over telephone. After half an hour of first ......ither presented any Jail appeal nor regular Criminal appeal and he will be known as convict Ayub Munshi. 6. Lifeblood of prosecution case programmed in First Information Report and unfurled during trial may succinctly be stated which are as follows: a) Md. Jahangir Kabir Fatik, an Advocate, fu......ion (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- ..Category: Criminal Law | Date: | Hits: 69
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