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Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....accused with field parcha by opening new Buzrat Khatians and the petitioner in his capacity as an Assistant Settlement Officer, by abusing his position, as such, obtained for himself and for other persons pecuniary advantage and attested the Khatians on the basis of the fabricated deeds in spite of ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......suf reported in 2000 BLD (AD) 54 = 52 DLR (AD) 8 wherein their Lordships held that in view of amended provision of section 6(1) of the Act withdrawal from prosecution is subject to the consent by the trial Judge. Confronted with the present position of law and the decision of the Appellate Division ...... 54 = 52 DLR (AD) 8. Lawyers Involved: SM Obaidul Haque, Advocate-For the Petitioner. Md Abdur Rouf Deputy Attorney‑General with Roushan Ara Begum, Assistant Attorney‑General and Fara Mahmuda, Assistant Attorney‑General‑For the State-Respondent. Criminal Revision ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....on (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of ......on report Exhibit I and his signature Exhibit 1/1. His evidence has been narrated above. In cross-Âexamination, he stated that he could not say who wrote the first information report that the police called him to the police station for lodging first information report and that he told to the police......referred a regular appeal. These matters are disposed of by this judgment. 2. Condemned prisoners along with convict Idris Jamai, Joynal, Sultan Mahmud, Khodeza and Nur‑e‑Alam have been put on trial to face charges under sections 302/201 and 34 of the Penal Code. The learned Additional Sessio......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....stead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3) appellants who were depicted as authors of crime gave rise to this c......). Accused Zamal by opposite side of the ed‑ed portion of Ramdao knocked on back side of the body of Monwara Begum (PW9). Accused Dalu Kha kicked Parul Begum (PW3). Thereafter, accused Selim Sikder called Babul Sikder to shoot on Ismail Kha and accused Babul Sikder with firearm black in colour, tr......ound injury 1/3 x 1/3" on the chest. In his opinion, the injury was caused either by a revolver or a pistol. Post mortem report is Exhibit 21. 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused ......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
..... 4. Mr. Md. Fazlul Karim, learned Counsel appearing for the petitioner contends that the provisions of Order 23 Rule 1(2) of the Code of Civil Procedure is mandatory and provides for recording reason as to formal defect of the suit. According to the learned Counsel there being no objective findi......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......(2) of the Code of Civil Procedure is mandatory and provides for recording reason as to formal defect of the suit. According to the learned Counsel there being no objective findings arrived at by the trial court about a formal defect on which the suit would fail, the High Court Division acted illega......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Grameen Telecom..................................Petitioner Vs. Dr. Rowshan Alam and others ...............Respondents Judgment October 25, 2010. Result: The petition is..Category: Procedural Law | Date: | Hits: 115
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....d order passed in the appeal. Mr. Shamsul Huda, the succeeding Judge of the said Court by order dated 22nd September, 1999 allowed the review petition, set aside the judgment and order of his predecessor and fixed the appeal for hearing afresh. Thereafter the learned Judge heard the appeal and by ju......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......he suit by filing a joint written statement denying the material allegations made in the plaint and claimed that the plaintiff had no right, title, interest and possession in the suit land. 3. The trial court on consideration of the evidence on record by judgment and order dated 25th June, 1995 d......16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....'Bailable Offence' and 'Non Bailable Offence" has been defined in section 4(1)(b). 6. The word 'Bail' is derived from the old French verb 'baillier' which means 'to give or deliver'. The word is also related to Latin word "bajulare" meaning to bear a burden. 7. 'Bail' in English Common Law is ......On the subject some Authorities of Apex Courts of the sub‑continent may profitably be taken into stock. 25. In Muhammad Ayub Vs. Md. Yakub, 19DLR (SC) 38 it has been held‑ Section 498 would be called in aid before the Court of Sessions and the High Court even where the Court is not seized dir......y gives the meaning for ‘Bail' Bond as security given for his appearance at a time and place assigned. 'Bail' means temporary release from imprisonment on finding sureties or security to appear for trial. 12. The meaning of 'Bail' as given in the Webster's Encyclopedic Unabridged Dictionary of ...... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre..Category: Criminal Law | Date: | Hits: 79
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....ion Act due to prosecuting the case in a wrong forum out of bonafide mistake. Heard the learned Advocates of the parties on the point. The explanation for delay furnished in the case appears to be reasonable and acceptable and consequently the delay of 399 days in presenting the petition before this......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......erwise of the disputed sale deed dated 18-2-59, a bone of contention in both of the suits, the petitioner, if so advised, may file an application before the proper Court for analogous or simultaneous trial of the two suits and the Court concerned will dispose of the said application on its own merit......rted in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
.... 2 in order to investigate into a complaint lodged by Bureau of Anti-Corruption. The petitioner requested the respondent No. 1, namely, the Deputy Director, Bureau of Anti-Corruption, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satisfactory reaso......e, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. Accordingly, respondent No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka...... Whenever any Court or any officer-in-charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a......iginal Jurisdiction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Arab Bangladesh Bank Ltd…………..Petitioner
Vs.
Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents
Judgment
February 12, 1998.
Lawyers Involved:
Rafique-..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....n Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title suit for a declaratio......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......ring pendency of the suit plaintiff Khairunnessa died some time in 1994 and subsequently, the heirs of said Khairunnessa i.e. the present respondents, were substituted vide order dated 29-9-94 by the trial Court. 4. The trial Court framed the following issues: (1) Whether the suit is maintaina......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ganj being Miscellaneous Case No.64 of 1984, alleging, inter alia, that they are co-sharers to the case jote by inheritance while the pre-emptees are strangers thereto. Opposite party No.4 Naheruddin sold the case land measuring 0.51 decimals to opposite party Nos.1 to 3 by kabala dated 30-7-76 at a......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......rs is barred by the principles of estoppel, waiver and acquiescence. The contesting opposite parties also contended that if pre-emption is allowed, they are entitled to improvement cost. 4. At the trial the pre-emptors examined two witnesses while the contesting pre-emptees examined three witness......by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....rge under sections 302/149 of the Penal Code. He, however, found the petitioner Mukit and Angurer Nessa guilty under sections 302 and 302/109 of the Penal code respectively and sentenced them to imprisonment for life with a fine of Tk.5,000- in default to suffer rigorous imprisonment for 1(one) Year......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... October, 1997 of the learned Additional Sessions Judge, First Court, Sylhet in Sessions Case No.2 of 1994. 2. Facts relevant for the disposal of this petition are that the petitioners were put on trial before the learned Additional Sessions Judge to fact charges under section 148/447 and 302/149......) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....- This petition for leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.5930 of 2000 making the Rule absolute. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistan......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ...... are not the heirs of the mortgagors and the defendants having purchased a portion of the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a p......oners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No...Category: Property Law | Date: | Hits: 60
....e legally of tender notice for lease of hats and Bazars issued under the signature of Upazila Nirbahi Officer, Biswambarpur Sunamganj by Memo No. Sunam/Bpur/11(1)789(92) dated 31.01.2004 (Annexure-E) so far as it relates to Biswambarpur Bazar, Chandakandi Bazar, Polas Bazar, Janata Bazar, Dhanpur Ba......h tender notice were issued by the Government in accordance with law; that each year Government has been issuing tender notices and leasing out the aforesaid hats and Bazars and the Jalmahal; that so called Azam Khan Chowdhury Waqf Estate never leased out those properties at any time; that the notic...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......een J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam B..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....5 before the Review Board constituted under the Martial Law Order. 4. Mr. Nawab All contends that for the same offence the petitioner has been penalised twice which is not permissible in law. He also contends that the impugned order ex facie was malafide as the petitioner was deprived of the oppo......e learned Assistant Attorney-General contends that as the action has been taken under Martial Law Order No.9 of 1982 it is protected under the Constitution (Seventh Amendment) Act, 1986 and cannot be called in question in any Court including this Court. We are also of the opinion that jurisdiction o...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......me Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Lutfor Rahman……….. Petitioner Vs. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddi..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....of the Upazila Magistrate, Faridganj in the District of Chandpur, being CR Case No.162 of 1991, alleging inter alia that she is a helpless widow. Her husband Arab Ali died leaving her and three minor sons without any asset to support them as a result of which she was leading a miserable life. It has......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......ale child. A salish was subsequently held over the matter but the accused did not attend the salish hence the case. 3. Upon the aforesaid allegations accused petitioner Md. Hanif Sheikh was put on trial before the Additional District Magistrate, Chandpur in CR Case No.162 of 1991, to answer charg......€¦â€¦â€¦â€¦Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advoca..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....sister Sabera Begum was thrashing chillis and her uncle Mir Hossain and younger brother Shahidul Islam were standing nearby. At that time on the orders of accused Nurul Alam Chowdhury, the accused persons broke open the bolt off her doors and forcibly entered into her hut. Accused Didarul Alam Chowd......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......onal Sessions Judge, who heard appeal, has been pleased by the impugned judgment and order dated 19-4-95 to dismiss the appeal and to uphold the order of conviction and sentence passed by the learned trial Court. It is against this judgment passed by the learned Additional Sessions Judge, Chittagong......r Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....t and Member, Customs Excise and VAT Tribunal in CEVT/Case (Kas) No.148/97. 2. In these two applications the judgment and order dated 9-8-98 passed in Writ Petition Nos. 2328 and 2329 of 1998 have sought to be reviewed on the ground stated in the applications. In these petitions it is stated that......dated 14-12-97 passed by the President and Member, Customs Excise and VAT Tribunal in CEVT/Case (Kas) No.148/97 affirming the order dated 14-5-97 passed by the Commissioner, Customs House, Dhaka were called in question. 4. The review petitioner is Md. Omar Faruk (Review Petition No.15/98) filed W......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......is Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....levant facts are that the petitioner entered Government Service in 1967 as Typist and subsequently became Stenographer in the Noakhali Judgeship in, 1975. 3. That the dead body of Ziauddin Mahmud, son of respondent No.3 was missing since 29-12-82 and the dead body was discovered on 1-1-83 whereup...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared......ivision (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Muhammadullah……………………………………Petitioner Vs. Sessions Judge and others………………………..Respondents Judgment November 18, 1998. Cases Ref..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
....sion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Abdul Matin J State……………………Appellant Vs. Rabiul Hossain alias Rob……………Condemned Prisoner Judgment June 8, 2000. Cases Referred To- State Vs. Imdad Ali Bepary, 36 DLR 333...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......hable under sections 396/34 of the Penal Code passed on 30-6-97 in Sessions Case No.48 of 1994. 2. The condemned prisoner was charged under sections 396/3/34 of the Penal Code and he was placed on trial before the learned Additional Sessions Judge, 1st Court, Kushtia along with 12 others. The pro...... June 8, 2000. Cases Referred To- State Vs. Imdad Ali Bepary, 36 DLR 333; Abdur Rashid Vs. State, 27 DLR (AD) 1; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Peoples Republic of Bangladesh and others, 50 DLR 10. Lawyers Involved: Md. Khurshed Alam Khan, Advocate-For Condemned Priso..Category: Criminal Law | Date: | Hits: 47
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
.... Bijan Kumar Das J Kala Miah…………………..Appellant Vs. Gopal Chandra Paul and others………………….Respondents Judgment July 6, 1998. Cases Referred to- Hari Kison Pandy vs. Nageswari Debi, 8 DLR 65; 531A 89; AIR 1930 Patna 610 (Harihar Prasad vs. Sifi Gurugra......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......s filed by the plaintiff when the plaintiff learned about the alleged sale deed of the defendants and about the decree in Title Suit No. 267 of 1977 and hence filed the present suit. 3. Before the trial Court the defendant No. 3 entered appearance and contested the Suit by filing a written statem...... 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
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