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Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....by the District Judge under section 24 of the Code of Civil Procedure. Thereafter, witnesses on behalf of the plaintiffs have been examined and cross‑examined by the defendants and it was concluded so far the plaintiffs witnesses were concerned. Thereafter, when examination of the witnesses on beh......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ....... Mr. Md. Zakir Hossain, the learned Advocate appearing for the petitioner, submits that the question raised by the defendants being a pertinent one touching the jurisdiction of the Court itself, the trial Court ought to have decided the same upon making all enquiry as contemplated under section 8C ...... Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....a Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has become a regular episode. This is a disturbing phenomenon. Rape is a......l Chandra Achariya and used to perforin daily family works. On the night of incident, that is, on 10‑10‑1991 at 10.00 am Dr. Anukul Chandra Achariya and Sandha Ram, mother of accused‑appellant, called on Prosecutrix to serve dinner of accused-appellant in his room situated in northern portion ......chariya and the boy depicted as rapist is Shibu Pada Achariya who is accused-appellant before us. 4. A bird's view of prosecution case as programmed in First Information Report and sprouted during trial may be taken heed of. Father of prosecutrix Ratna Rani Achariya in connection with his service......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
.... passed by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ed charge-sheet against 9 persons, including the accused appellant, under sections 302/34 and under section 326 of the Penal Code. 4. Upon the aforesaid allegations the accused persons were put on trial before the Sessions Judge Jhalakati in Sessions Case No. 26 of 1990 to answer charges under se......ssions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six months while..Category: Criminal Law | Date: | Hits: 52
....and 370 of Khatian No. 20/2 from one Nirmala Chowdhury and Sundip Chowdhury by a registered kabala dated 30-7-1970 and since such purchase they are holding and possessing the said land. It has been also stated that since the petitioner and his brother were residing in the United Kingdom they could n......plication before the Additional Deputy Commissioner (Revenue), Sunamgonj and obtained an order of stay and the records of Miscellaneous Case No. 32 of 1993-94 of the Office of the respondent No.2 was called for by order dated 16-10- 1993 but in spite of the said order the respondent No. 2 most illeg......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......rt Division
(Special Original Jurisdiction)
Present:
Md. Ruhul Amin J
Bijan Kumar Das J
Abarak Ali…………………… Petitioner
Vs.
Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent
Judgment
August 11, 1998.
Lawyers ..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....t, as one of the three masterminds, conspired the plot and organised the whole occurrence along with co-accused Moazzam Hossain Sabu Beg and Shahid Molongi in which their gang members committed gruesome murder, dacoity and also raped the female members at the time of occurrence in a barbaric manne......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......, 2000 read with sections 302/335/397/412/ 216(KA)/109/34 of the Penal Code, corresponding to GR Case No. 631 of 2003, now pending before Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Bagerhat for trial. 2. Heard Mr. Ozair Farooq, the learned Advocate appearing for the appellant and peruse......004)279. ..Category: Criminal Law | Date: | Hits: 43
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....oner No.1 Md. Saiduzzaman (Mithu). At the time of marriage ceremony, father of the complainant gifted 14 bhories of gold, furniture, costly clothes and household materials. Besides, the complainant also received 103 items of gifts from the invited guests of the marriage ceremony which were kept in t......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ...... the facts disclosed in the petition of complaint do not authorise the Magistrate to issue search warrant for recovery of the gifted articles from the house of the accused‑persons and, as such, the trial Court committed substantial error of law by issuing the notice in the said proceedings before ....... ..Category: Criminal Law | Date: | Hits: 49
.... rickshaw, steel body and other iron and steel products. He obtained necessary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He ......o.4 cancelling his lease. On 9‑11‑94 he unsuccessfully saw defendant No.3. He came to know that by letter dated 29‑10‑94 the demised land was already allotted to Md. lqbal Ahmed Bhuiyan, so‑called proprietor of 'the Little Industries'.
6. Defendant Nos. 1 to 5 jointly and defendant No.7......er into or upon the whole of the demised property or any part thereof and take possession thereof including all buildings, structures and erections, etc.
16. Main question before us is whether the trial Court was justified in dismissing the suit.
17. The facts are not disputed that the suit p......on)
Present:
Md. Abdur Rashid J
S Rahman Miah J
Sultan Mahmud Chowdhury ............................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Referre..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
.... application mainly on the ground that the court could have compared the signatures of defendant No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support, he cited the dec......ion nor such order resulted in failure of justice, in any way. In the result, the Rule is discharged with cost. Order of stay granted at the time of issue of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. ...... the court could have compared the signatures of defendant No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support, he cited the decision of the Appellate Division in Tor....... This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....secution evidence. Subsequently on the same day after rising of the Court, witness Dr Rehana Khan filed Hajira. Then by order No. 123 of that day, the tribunal fixed for examination of the accused person under section 342 of the Code to examine that witness. 4. The facts relevant to the case, in ......ation of those two witnesses. Admittedly, the defence cross‑examined those two witnesses (vide Annexes H‑13, H and paragraph 24 of the application). 10. So, it is clear that the witnesses were called and examined by the tribunal without any objection from the defence. By this conduct the accu......ege Hospital. The police after investigation submitted charge sheet under sections 302/34 of the Penal Code against the accused petitioner and others. The accused petitioner and others were placed on trial before the Mahanagar Sessions Judge, Dhaka and charge was framed under sections 302/334 of the......ra J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar Tribunal No.4, Dhaka in Druto Bicha..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....placed and it hit his mandible region causing grievous injury. Accused‑opposite party No. 3 Abdul Khaleque dealt ram dao blows on his neck in order to murder him. Other accused‑opposite parties also dealt sharp cutting weapon blows upon other inmates of his dwelling huts and caused injuries at d......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......nder legal obligation to consider. In a decision in the case of the State Vs. Md. Shafiqul 1slam reported in 40 DLR 310 it was held by their Lordships. "The impugned order of discharge shows that the trial judge did not consider the first information report, Charge-sheet, statements of witnesses r......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sk Rezowan Ali J AFM Ali Asgar J Matiur Rahman (Md)..............................Petitioner Vs. Nuru Sikdar and others.................Opposite Parties Judgment November 9, 2003. Cases Referred to- ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....ss. That on 21‑9‑2003 the case was fixed for DWs and on the same day the learned Advocate for the appellants on perusal of the case records found that due to inadvertence and by bona fide mistake some material questions have not been suggested to the prosecution witnesses and, as such, filed an ......dure as disclosed in the aforesaid application under section 540 of the Code of Criminal Procedure attention of the Investigating Officer may be required to be drawn and, as such, he should also be recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observat......under section 540 of the Code of Criminal Procedure a court has power to recall any witness and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essential to the just decis......in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....hich order of cancellation was handed over to his father. It has further been alleged in the application that after the 4‑party Alliance came to power his political enemies became more active and resorted to all sorts of activities using the local administration and the police to harass the petiti....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......rted under Arms Act ending in submission of charge‑sheet on 27‑11‑2002 corresponding to Speedy Trial Tribunal Case No. 6 of 2003 as already mentioned and, according to the learned Advocate, the trial has been proceeded with herculean speed with a mala fide intention to obtain order of convicti......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec..Category: Criminal Law | Date: | Hits: 63
....use the same was premature; no appeal lies against the order according permission to cancel registration of a Union, rather an appeal lies against the order for cancellation of registration.
8. As soon as the petitioner withdrew Appeal No.31 of 1992 as aforesaid, respondent No. 2 cancelled regist...... its representative capacity as it is not “a person aggrieved” within the meaning of that expression in the Article, that under the Service Rule of the Grameen Bank, the alleged members of the so-called Karmachari Union do not fall within the meaning of “Worker” as defined in the IRO; that t...... petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmachari Union is a Trade Union registered under the Industrial Relations Ordinance, 1969 briefly (IRO) on 10-3-91 bearing Registration No.B-1935.
3. Facts......
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involve..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....vision (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J AKM Fazlur Rahman J State..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... charge against the condemned prisoner under section 302 of the Penal Code on 5‑4‑2000, read out and explained the same to him when he pleaded not guilty and claimed to be tried. 5. During the trial, the prosecution in all examined 9 witnesses to prove the offence charged against the condemne......J AKM Fazlur Rahman J State..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
.... Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158;......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......ence to the arbitration of the sole arbitrator for permission to prove that the contract was put to an end to by final payment and the arbitration clause in the contract perished as well with it. The trial Court allowed the prayer. But the Calcutta High Court set aside the order and dismissed the ap......ivision (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Resu..Category: Alternative Dispute Resolution | Date: | Hits: 245
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....of the informant, that 5/6 dacoits at the same time entered into the house of the brother of informant Abul Kashem alias Abu, that another 5/6 dacoits entered into the house of Munjor and Johir and also 6/7 dacoits entered into the house of the father of the informant and looted away both cash and k......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......vestigation into the case and after completion of investigation submitted charge‑sheet against Shamsul Alam and Razzak under sections 395/397 of the Penal Code. The accused Samsul Alam is placed on trial and charged under the said sections for committing dacoity separately and on being read over t......his Case is also Reported in: 56 DLR (HCD) (2004) 218. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge of accused opposite party No. 2 Samir and framing of charge agains......esent application before this Court may now be considered. 9. Section 439 of the Code of Criminal Procedure is quoted below: "439. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledg......charge‑sheet on 6‑10-1998 against accused named in the first information report including accused opposite party No.2 Samir under sections 302/34 of the Penal Code. The case thus being sent for trial the learned Additional Sessions Judge heard the parties and by impugned order dated 20‑4‑2......J Abdur Rahman Kha (Md).........Petitioner Vs. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur Ram and others Vs. State of Bihar, 196..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....ng the learned Metropolitan Magistrate, Chittagong committed illegality in passing the impugned orders in spite of the fact that one Md. Younus Sarder who is alleged to have lodged the GD entry has disowned the same which is the basis of the complaint/FIR and, as such, the impugned order being not b......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......completion of which it could be decided to whom the truck in question would be given in Jimma. In passing the impugned order, the learned Additional Metropolitan Sessions Judge also observed that the trial Court i.e. the Metropolitan Magistrate, would be at liberty to give the truck in Jimma of the ....... Ashfaqul Islam J Mohammad Syed………………………………………………………………………….....Accused-Petitioner Vs. State, represented by the Deputy Commissioner and another…..Opposite-Party Judgment February 17, 2004. Lawyers Involved: Md. Khurshi..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
.... 3. After hearing of the parties and considering the evidence, the learned Magistrate convicted the opposite party No.1 by his judgment and order dated 30‑4‑2000 and sentenced him to simple imprisonment for a period of 1 (one) year. Being aggrieved, the convicted accused (opposite party No.1) p......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......sion of the Chairman, Union Parishad and without knowledge of the 1st wife-complainant and thereby committed an offence punishable under section 6(5) of the Muslim Family Laws Ordinance, 1961. During trial before the Magistrate 1st Class, Mymensingh, the opposite party No.1 pleaded not guilty with t......ondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal N..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....). He further submits that provision of section 247 of the Code of Criminal Procedure is discretionary and this discretion should be applied considering the facts and circumstances of each case. He also submits that on the self‑same ground civil suit and criminal case can proceed on simultaneously......ring at the time of trial. In the result, the Rule is discharged. The order staying further proceeding of Petition Case No. 1741 of 2000 earlier granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case ......f. which we have discussed already and the provision of section 138(3) of the Negotiable Instruments Act, 1881 have direct application on this point. Moreover, this point can be argued at the time of trial. As regard maintainability of the presentpetition of complaint under section 138 of the Negoti...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J GM Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is dis..Category: Banking Law | Date: | Hits: 237
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