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Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... 11‑3‑1999 passed by the Election Tribunal, Gaibandha Sadar in Election Case No.3 of 1998 should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The opposite party No.1 instituted Election Case No. 3 of 1998 in the court of the......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 ......No. 3 of 1998 in the court of the Election Tribunal, Gaibandha against the petitioner praying for declaration that election of the petitioner as Member of Ward No. 9 of Kholahati Union Parishad was illegal, null and void and for further declaration that the opposite party No.1 was elected member of ..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....ted that due to non-conclusion of the trial within said 4 months' time, accused filed petition for bail on 7‑72003 and the same was rejected by Court below vide order dated 26‑7‑2003) without proper consideration and appreciation of the direction of High Court Division in order dated 27‑11......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......t appears that there has been specific allegation with overt act against him to the effect that he forcibly raped the victim girt of 14 years of age of the informant. We, therefore, do not find any illegality in impugned order of rejection of the prayer for bail of the accused-appellant on merit by ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ony had not been corroborated by any other testimonies and, also, by other circumstantial evidences and conviction and sentence based upon uncorroborated testimony of approver PW6 is neither safe nor proper and conviction and sentence cannot be sustained at all. 11. Argument has been surged forwa......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- ......atalogued hereunder. i. On the strength of section 133 read with section 114(b) of The Evidence Act the testimony of PW6 Noor Alam could be relied upon to be trustworthy and there could not be any legal bar in coming to a decision on the basis of testimony of PW6. In counting reasons teamed Trial..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- ......ncashment. After dishonour of the cheques he brought this fact to the notice of the accused-petitioner who made dilatory tactics in making payment of the money. Finding no other alternative he issued legal notice through his Advocate on 27‑11‑1999. The accused-petitioner in spite of receipt of t..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....o. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts, necessary for the Purpose of this Rule is that the opposite parties a...... Case is also Reported in: 56 DLR (HCD) (2004) 297. ......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. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
.... money in the name of accused Dr. Anukul Chandra Achariya who used to bear their expenses. Accused Dr Anukul Chandra Achariya, thereafter, took her to his house adopting the plea that it would not be proper to keep her in the house where her mother used to reside. She used to do various household wo......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:...... 4‑7‑1992 she gave birth to a female child at Chandina Hospital. She proved First Information Report. She stoutly denied defence suggestion that she was caught with Shanti Raujan at the time of illegal co‑habitation with her. She, also, denied defence suggestion that she passed night with one ..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....jured Surat Ali Master and Minara Begum were later treated at Bhandaria Hospital for their injuries. She stated that accused persons murdered her husband due to previous grudge and enmity over landed property. 10. In lengthy cross-examination, the defence could not elicit anything that shakens he......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......anguage. Thereafter at about 6-45 PM on the same day, Aziz Talukder’s eldest son accused Alamgir and his son accused Jahangir, neighbours Abu Talukder, Mati Talukder, Tofazzal Talukder and Haider illegally trespassed into the courtyard of informant Chandra Bhanu and abused her husband Mobfer in fi..Category: Criminal Law | Date: | Hits: 52
....ion. The petitioner appeared before the respondent No. 2 on 1-1-1994 and made a prayer for holding an enquiry by examining the papers of the petitioner stating that he is the owner by purchase of the property and Title Suit No. 14 of 1993 was pending in respect of the schedule properties appertainin......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 ......ict Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, the petitioner and his brother Mosa..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....Kha‑Ga) enjoin that the court is to be satisfied there is a reasonable cause to find the accused guilty of the charge brought against him exists in case of woman or child being physically crippled, proper trial will not be hampered for his release on bail as preconditions. 7. Section 25 of ......004)279. ......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. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
.....1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint cas...... Present: Khondker Musa Khaled J Salma Masud Chowdhury J Chitta Ranjan Das @ Chitta Ranjan Sinha………………………….Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment ......ing with mutation case does not constitute a "Court" within the meaning of section 195(1)(c) of the Code of Criminal Procedure. So, the case initiated by a private person is not barred under the said legal provision. In support of this contention the learned Advocate for the opposite party No. 1 has..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mo....... ......original criminal proceedings. 6. Mrs. Fazilatun Nessa, the learned Assistant Attorney-General, appearing on behalf of the State, opposite party No.2, admits frankly that search warrant cannot legally be issued by the Magistrate to make recovery of personal gifted articles where there is no a..Category: Criminal Law | Date: | Hits: 49
....o any other rights that he may possess after giving one calendar month's notice in writing to determine the rights of the tenant under these presents, re‑enter into or upon the whole of the demised property or any part thereof and take possession thereof including all buildings, structures and ere......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......ff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑1994 granting lease of the suit plot in favour of defendant No.7 were both illegal, collusive, forged, mala fide and not binding upon the plaintiff.
3. Plaint case, in short,..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ....... This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......question of fact and the High Court Division is not to interfere with the conclusion of the First Appellate Court on such question. It is now well settled that comparison of signatures is a perfectly legal mode of proving handwriting and however inconclusive such proof may be it cannot be considered..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... 23. Proviso to clause (b) of section 93A(5)(b) of the Town Improvement Act, 1953 reads, "Provided that in determining such market value the Court shall take into account the average value of the proper‑ties of the similar description and with the similar advantage in the vicinity during the t...... High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Refe......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....ur in Mathbaria PS Case No. 2 dated 1‑5‑2001 corresponding to GR Case No. 194 of 2001 should not be quashed and or such order or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that initially......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- ......ed the present Rule. 7. Mr. SM Rezaul Karim, tile learned Advocate for the petitioner, submits that tile learned Additional District Magistrate discharged the accused‑opposite parties beyond any legal norm. By his impugned order he took into consideration the deeds of transfer submitted by the ..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....s, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, property or other rights of another person, then in the absence of any express was in the enactment ......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......ms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets by the respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. In the application it has been stated that the petitioner is General Secretary, ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......
(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......dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the 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 t..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... of cross‑examination, is that deceased Jannati Khatoon was killed by unknown assailant and the condemned prisoner was falsely implicated in this case because of grudge and enmity concerning landed property. In this background of the case, the learned Additional Sessions Judge convicted the condem......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 ......murder of one Topi and since the prosecution has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confessional statement was wrongly and illegally relied upon by the trial Court in holding the condemned prisoner guilty under section 302 of..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....ourt of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fe...... Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to-...... plaintiff opposite parties, opposes the Rule contending, inter alia, that the learned Senior Assistant Judge was perfectly justified in passing the impugned order and it does not suffer from any illegality or legal infirmity occasioning failure of justice so as to justify interference by this Cou..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......al Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustafa Kam...... People's Republic of China, which was duly attested by a First Secretary of our Embassy in Beijing but rejecting such invoice value direction for assessment at the inflated rate of tariff value is illegal, arbitrary and unconstitutional. 4. Mrs. Syeda Afsar Jahan, the learned Assistant Attorney-..Category: Fiscal/Taxation Law | Date: | Hits: 78
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