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Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....land of the pre-emptors. The learned Counsel has contended that all the courts below have failed to consider and evaluate these evidence and materials properly; the learned Advocate has stated also that in the trial court, at the instance of this present petitioner, a local investigation was he......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......er opposite party No.1 was that the pre-emptors were not contiguous land holders, that there was a government road in between the case plot No.408 and Plot No.407 of the pre-emptors. 6. The trial court, on consideration of evidence adduced by both the contesting parties, allowed ...... Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
.... State………………………….....................Opposite Party Judgment January 1, 2012. Result: The Rule is made absolute. Cases Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 7; Malek Hossain Pir Vs. Beg......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......s that the FIR and the charge sheet clearly disclose the offence under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. 10. Khan further submits that the trial of the case has already commenced and therefore the provision of section 561A of the Code......per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....tated by P.W.1, the informant (hereinafter referred to as the P.W.) is that Anguri Khatun, his daughter was killed in the night of the 1st Kartik, 1406 B.S. at about 3/4 o'clock at the house of his son-in-law Somed Ali, the condemned-petitioner (hereinafter referred to as the petitioner). Anguri......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......d along with Jail Appeal No.614 of 2003 rejecting the reference and dismissing the jail appeal. 2. Facts necessary for disposal of this jail petition are that the condemned petitioner was put on trial before the Sessions Judge, Hobiganj along with 9 (nine) others and was charged under section 3......volved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and order dated the 4th and 5th day of June, 2007 passed by the High Court Division in Death Referen..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....03 arising out of Pirgonj P.S. Case No.4 dated 11-2-2003 corresponding to GR No.56 of 2003 convicting the appellant under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suffer rigorous imprisonment for t...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... on 11-4-2003 against the convict-appellant under section 409 of the Penal Code. 4. On receipt of the charge sheet, the learned Magistrate sent the case to the learned Special Judge, Rangpur for trial. The learned Special Judge took cognizance of the offence under section 409 of the Penal Code.......o.1664 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....cause it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erroneous one. The rule of stare decisis is not so imperative or inflexible as to preclude a departure there from any case; but its application must......rialise of its own way of thinking. These are the matters which can be examined only by the concerned Court on recording the evidence adduced by the prosecution. The High Court Division should not be called upon to examine the truth or otherwise of each instances of alleged corruption or criminal mi......t mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by the prosecution during the course of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much f......Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………………&..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
.... The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, lodged FIR with Ramna Police against 7 persons including accused-petitioner Begum Khaleda Zia alleging that when she was the Prime Minster of ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......nserted Penal Provisions, but those were merely included in the Schedule of the Anti-Corruption Commission Act, 2004 which came into effect from 9-5-2004. It is a mere procedural of law in respect of trial of those offences having no bearing on the fact whether offences were committed before or afte......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....eave petitioner surrendered before the trial Court and obtained bail. After that, leave-petitioner filed an application for discharging him and learned Magistrate rejected the same on 3-12-2008 and also framed charge against him. 5. Against the order of framing of charge, the leave petitioner f...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......Daily Protham Alo' and obtained the work order in his benami. Consequently, respondent No.1 filed the petition of complaint. 4. On 10-2-2008, the leave petitioner surrendered before the trial Court and obtained bail. After that, leave-petitioner filed an application for discharging him...... Md. Mamtazuddin Ahmed J Muhammad Imman Ali J Md. Shamsul Huda J Joaharul Islam (Md.)…………………........Petitioner Vs. State and another...........................Respondents Judgment December 8, 2011. R..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ing GD Entry No.640; having been informed about the said GD the respondent No.1 on 13-1-2006 at about 9-30 pm forcibly entered in to the room of her daughter Mukit Mitra when she was preparing her lesson and offered a bad proposal to her; as her daughter declined, the respondent No.1 then tried to o......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......f section 17 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 clearly speaks that the Tribunal only can take cognizance of the offence punishable under section 17(1) of the said Ain and proceed with the trial if a written complaint is made by “কোন ব্যক্তি” before it. If we read ......Biswas & another………………………Respondent Judgment December 7, 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has be..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....ction 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitioner shall n......oner is found to be a biological father he is also ready to bear the expenses and maintain the child in accordance with law but on such ground the bail, which has already been granted, cannot be re-called. 6. On the other hand, Mr. Zahirul Haque Zahir the learned Deputy Attorney-General has s....... 11. The accused-petitioner who alleged to have committed the offence of rape under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain cannot be allowed to remain on bail during the course of trial. 12. The ad-interim bail issued at the time of issuance of the Rule is hereby cancelled. ...... under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitione..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....ukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Ena......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......er submitted charge-sheet No.03dated 25-1-1998 against the principal accused Md. Bazlur Rahman along with the accused-petitioner and others under sections 19(1) and 19 A of the Arms Act. 4. At the trial, the accused-petitioner and others were charged under sections 19(f) and 19A of the Arms Act......ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....ellip;……………………………….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the acc......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ...... charge-sheet under sections 406/420/506 of the Penal Code, on 05-10-2008. 6. Thereafter, the case record was transmitted to SKM Tofayel Hossain, the Metropolitan Magistrate, Dhaka for trial. On 15-4-2009 he framed charge under sections 420/406 against the accused-petitioner along wit......ment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused,..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....f 2003) Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and s......nd on again may manacle the accused inescapable. 12. As to the conclusiveness of circumstantial evidence, this Division in State Vs. Khasru, 43 DLR (AD) 182 held that merely because the victim was called away by the accused and seen in the company of the accused before disappearance is not con...... be struck between chance possibilities as good enough to set the delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arr......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....nal Revisional Jurisdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission............aving discussed as above, we find no merit in the Rules. Accordingly, all the three Rules are discharged. 42. The order of stay passed at the time of issuance of the Rules are hereby recalled and vacated. The learned Metropolitan Additional Sessions Judge, 3rd Court, Dhaka i......aid fact of taking of cognizance the petitioners voluntarily surrendered before the High Court Division and obtained anticipatory bail and they are now on bail. 12. The case being ready for trial the case record was sent to the learned Metropolitan Sessions Judge, Dhaka and the case was re......risdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....Hashem in favour of Chand Miah the defendant No.1, registered kabala dated 2-12-1974 executed by Abdul Hashem in favour of defendant No.2 Raja Miah and registered kabala dated 30-3-1973 executed by Rosomoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the p......itness also claims that the information slip filed by the plaintiff is a collusive paper. This witness also admitted in his cross-examination that record of Miscellaneous Case No.2/73-74 has not been called for. This witness denied the suggestion that there was no case initiated for cancellation of ......The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is t......rted in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
.... the learned Judge of Druta Bichar Tribunal No.2, Dhaka in Druta Bichar Tribunal Case No.23 of 2006 convicting the appellant under Section 19A of the Arms Act and sentence him to suffer rigorous imprisonment for 30(thirty) years. 2. The prosecution case, in brief, is that on 19-8-2001 Detective B......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......ed charge sheet against the present convict appellant and another under Section 19A of the Arms Act. 5. Eventually, the charge sheeted accused persons including the present appellant were put on trial before the Druta Bichar Tribunal No.2, Dhaka and charges were framed against the accused per........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....ion) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State……………………………..Appellant Vs. Hasibul Hasan (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted.......-2004 corresponding to GR No.486 of 2004. 6. The Police after investigation submitted charge-sheet under sections 11(ক) 30 of the Ain 2000 accusing the accused. 7. Eventually the accused were called upon to answer the charge under sections 11(ক) 30 of the Ain 2000 which was read over to th......g arisen out of the common Judgment. These have been heard together and are being disposed of by this Judgment. 5. The prosecution case as projected in the first information report and unfurled at trial are that Mosammat Sakhina Khatun alias Sakhina (since deceased) elder sister of Md. Jahangir A......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....y the learned Senior Special Judge, Feni in Special Case No.1 of 2007 convicting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-C......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......he learned Senior Special Judge, Feni framed, charge section 26 of the said Act and 15 Kha (2) / 5Kha(3) /15Kha(5) of the said Rules, 2007 by order dated 24-4-2007. Since the appellant at the time of trial was absent, the charge could not be read over to him. 5. During trial the prosecution exa......minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....rim J ANM Bashir Ullah J State.....................................Petitioner Vs. Rustom & 2 others………………….Condemned-Prisoners Judgment November 17, 2011. Result: The Appeals are allowed. ......ce of occurrence adducing any cogent and reliable evidence. The prosecution also failed to prove the manner of occurrence. AtiarRahman sustained at least 13 cut injuries on his person but the so-called eyewitnesses P.Ws.2, 3, 4 and 5 stated before the trial Court that they had found accuse......reference, criminal appeal and jail appeals have been heard together and are being disposed of by this common judgment. 2. The prosecution case, as projected in the FIR and also unfurled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the informant and P.W.1 Md. Ha......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....………………….(62 & 63) Doctrine of legitimate expectation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him...... itself. This action may take one of two, or both forms: a promise (or a statement or undertaking) or a regular procedure. Both the promise and the procedure are capable of giving rise to what is called a legitimate expectation, that is, an expectation of the kind which the courts will enforce.......allocation of frequency in UHF band V Channel No.40-50 9 Frequency 622-702 MHz vide letter dated 23-11-2001 submitted a proposal to the respondent No.1 for setting up a privately owned terrestrial and satellite television channel. The respondent No.1 on receipt of the said proposal issue......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.........Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ave, has arisen out of the judgment and order dated the 15th July, 2002 passed by a learned Judge of the single Bench of the High Court Division in Civil Revision No.4631 of 1998 making the Rule absolute. 2. Facts giving rise to the present appeal are that the appellant as pre-emptor filed......was served upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......n J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
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