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Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
.... preempt the case land. 3. The pre‑emptor's case, in short, is that the case land originally belonged to Dianat Ullah and Kudrat Ali Sheikh under CS Khatian No. 129 Dianat Ullah died leaving 2 sons Garibullah and Efatullah and 3 daughters Kadiman, Durjaton and Kajirnan Kudrat Ali died leaving......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......emption case after several years. The pre-emptee has developed the land by investing an amount of Taka 5000 and, as such, the pre‑emption case is liable to be dismissed. 4. The case came up for trial before the Court of learned Assistant Judge, Basail, Tangail and the pre‑emptor examined 2 w...... Vs. Md. Hasem Ali Mia & others..............Opposite Parties Judgment October 25, 2003. Cases Referred To- Hajera Bibi vs. Noor Jahan Begum,35 DLR 338; Jafar Ali vs. Husier Ali and others, 46 DLR (AD) 187; Dalilur Rahman vs. Syed Omar, 5 MLR (AD) 24; Jafar Ali vs. Hushiar Ali ..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....ase No. 38 of 1995 where the learned Sessions Judge has found the accused appellant guilty of the offence punishable under section 304(1) of the Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 in default, to suffer RI for 6(six) months mor...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......Police Station where the case was recorded punishable under section 302 of the Penal Code and handed over to the investigating officer who ultimately submitted a report with a recommendation to stand trial of the lone accused Nasir Uddin Howlader for committing the offence punishable under section 3......……………………………………..Respondent Judgment January 11, 2004. Cases Referred To- Siraj Miah vs. State, 2 BLC 402; Abdus Soblian vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD)..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... possession and further declaration that SA record of rights prepared in the name of defendant No.25 is incorrect and of no legal effect and the Kabalas dated 5‑8‑74 and 1‑6‑77 of the predecessor-in-interest of defendant Nos. 1 to 3, and defendant Nos. 4 and 5 and predecessor-in-interest o...... Alam, 4 MLR (AD) 190. 14. In the result, the Rule is discharged without however, any order as to costs. Order of stay granted earlier at the time of issue of the Rule on 17‑6‑2001 is hereby recalled and vacated. 15. Accordingly, Title Suit No. 67 of 1992 is withdrawn from the Court of Sub...... claimed title from the original owner in possession, Hamida Waqf and if the plaintiffs of the earlier suit can prove their case, the plaintiff of the subsequent suit would not need to go through the trial of his suit as the matter in issue of title is directly and substantially in issue in the prev....... This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
.... in: 56 DLR (2004) 132.......ng without waiting for the Chairman to come back home with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time accused Nabalak Mia (since acquitted) called the condemned prisoner Abul Kashem and accused appellant Anowar Hossain to his house and inst......d order of conviction and sentence are liable to be set aside: (1) There has been a material contradictions between the evidence of the two eyewitnesses, PWs 2 and 3, before the court during the trial and their previous statements recorded by the Magistrate under section 164 of the Code of Crim...... This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
.... Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emper......nce of PW 5 Md. Mahbubul Hoque to the effect that Belal, son of both convict-appellant Shah Alam and deceased Rokeya Begurn made communication with him that convict-appellant Mir Hossain alias Mira called out his mother Rokeya Begum out of the house. d. Recovery of dead body of victim Rokeya Be...... recorded by Khodeja Akhtar Khanam (PW 9) and Md Zasim Uddin Badal (PW 10) both Magistrates, First Class. 5. Essence of prosecution case programmed in First Information Report and spelt out during trial was thus: Rokeya Begum, daughter of PW 1 Abdul Gafur was married to accused Shah Alam about......Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Ba..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... ETV Ltd should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. Subsequently, after hearing the parties the Rule was made absolute on 27‑3‑2002. Being aggrieved by the aforesaid Judgment and order dated 27‑3‑2002, th......o the Hon'ble Prime Minister, the Minister in charge of the Ministry of Information and the Bangladesh Telecommunication Regulatory Commission, shortly, the BTRC, but received no reply. He personally called on most of the Cabinet Ministers and other high officials of the Government just to get ETV b......hares of the company from its ex‑Chairman, ex‑Managing Director and other Ex‑Directors and on 31‑12‑2002 signed a contract in this respect. While broadcasting its programmes both as a terrestrial and satellite channel ETV found itself in the middle of a sensational legal battle in Writ Pet......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a sponsor shareholder of the United Commercial Bank Ltd. (hereinafter called "the Bank") and he was the fi......to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a sponsor shareholder of the United Commercial Bank Ltd. (hereinafter called "the Bank") and he was the first elected Chairman of the Board of Directors of the said Bank ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73....... High Court Division (Statutory Original Jurisdiction) Present: Syed Amirul Islam J Akhteruzzaman Chowdhury..........................Contempt Petitioner Vs. Hamidul Huq, MD, UCBL and another............Contemner‑Opposite Parties Judgment November 2, 2003. Lawyers Inv..Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Respondent. Criminal Appeal No. 2628 of 1999. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of three yarnnamely, (1) Jalaluddin, (2) Helaluddin and (3) Alaluddin, all sons of late Hossain Ali, is directed against the judgment and order, dated 26‑5‑1999, passed by...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......ellants along with four others, since prima facie case was made out against them under sections 148/323/325/302/34 of the Penal Code. 4. The case record ultimately, came to the file of the present trial Court who, on the basis of materials available on record, framed charge against the accused-ap....... This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....nt. ABM Waliur Rahman Khan, Assistant Attorney General-For the Respondent-State. Criminal Appeal No. 636 of 1995. Judgment Md. Hassan Ameen J.- This Criminal appeal, at the instance of sole accused-appellant Md. Dulal Mia, is directed against the judgment and order, dated 30‑3‑199......leged that a medicine shop was established by the accused-appellant with the money so supplied by mother of the deceased as dowry some time prior to the occurrence. In this connection, it may be re‑called here that there is allegation that the accused‑ appellant was not satisfied with the dowry ......and two others (parents of the appellant), since prima facie case was made out against them under sections 302/201 of the Penal Code. 4. The case record ultimately, came to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appe......dgment July 21, 2003. Cases Referred To- Elias Hossain vs. State, 54 DLR (AD) 78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accuse..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....বেশ সংরক্ষণ আইন, ১৯৯৫) as amended by Act No. 9 of 2002. 3. The learned Counsel for the petitioners Mr. Maintajuddin Ahmed submits that the report is illegal and so is the proceedings of the said case on the following two grounds: Firstly, the reporting polic...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ...... 9. The procedural law applicable to the said offence is the Environment Courts Act, 2000. Sections 5 Ka, 5 Ga and 7 of the Act are relevant. 10. Section 5 Ka of this Act specifies the forum for trial of the alleged offence. It says that an environmental offence for which the maximum penalty is......is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....ant Nos. 1 and 2 against the back to back letters of credit. 4. Same date the trial Court issued notice upon the defendants asking them to show cause within seven days as to why they should not be so restrained as prayed for and also directed the petitioner Bank to maintain status quo in respect ......n the result, both the Rules are discharged with cost. The trial Court is directed to proceed with the suit expeditiously. 53. Orders of stay granted at the time of issue of the Rules are hereby recalled and vacated. The Standard Bank is directed to make the payment under the letters of credit in......temporary injunction for restraining defendant Nos. 4 and 5 i.e. the petitioner Bank, from making any payment to defendant Nos. 1 and 2 against the back to back letters of credit. 4. Same date the trial Court issued notice upon the defendants asking them to show cause within seven days as to why ......nce. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....City Corporation and the defendant No. 1 has been carrying on business in the suit premises with the permission of Dhaka City Corporation. 4. Subsequently, the plaintiff examined 3 witnesses and also produced documents in support of his case. The defendant also, examined himself as DW 1 and also ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......ration as a defendant in the suit on the ground that the suit land belonged to Dhaka City Corporation and that he is in permissible occupation of the suit land under Dhaka City Corporation. 5. The trial Court noticed that the copy of the application for addition of party was not served on the pla......rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in service of the Bank stating, inter alia, that he joined the bank as Junior Assistant on 19.02.1977 in Sylhet Branch of Uttara Bank and his service was confirmed in the bank and following arrest of some Central leaders of the Bank Employees Federation, Dhaka on 09.09.1981 all the Bank Employees of......mited Vs. Md. Nazul Islam Patwary and others reported in 48 DLR (AD) 62. 19. It appears that the contention raised been settled by this court in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu..Category: Employment/Service Law | Date: | Hits: 95
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
....ith two others were arrested. 3. Police after investigation submitted charge-sheet against accused-appellant and five others under sections 10/12 of the Ain of 2000 showing three of the accused persons absconding. 4. The case was sent to Jananirapatta Bigna Shristi Kari Aparad Damon Tribunal. ......osecution case, in short, is that Sub-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 28-2-2000 and on that day informant along with his police force was on dut......igna Shristi Kari Aparad Damon Tribunal. Dhaka and it was numbered as Jananirapatta Case No. 47 of 2000. Charge was framed on 21-5-2000 under sections 10/12 of the Ain of 2000. 5-6-2000 was fixed for trial. One prosecution witness gave Hajira. No evidence could be recorded in view of non-production ......b-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 28-2-2000 and on that day informant along with his police force was on duty. Accused-appellant and 10/12 other..Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
...., in default, to suffer RI for a further period of 6 months. 2. The prosecution case, in short, is that on getting a secret information through a tip at about 9-30 PM on 23-5-93 to the effect that some miscreants were making preparation for committing dacoity, informant SI Md. Abdul Halim Mia of ......d under section 399 of the Penal Code. It is found from the charge framed against the accused at the trial that only four accused persons had assembled for commission of a dacoity whereupon they were called upon to answer charge under section 399 of the Penal Code. Section 399 of the Penal Code read......umudini Jute Godown, Narayanganj. 3. The police after usual invest submitted charge sheet against 4 accused persons including appellant Karam Ali, under sections 399/402 of the Penal Code to stand trial before the Court. 4. Upon the aforesaid allegations accused Karam Ali and three others were......nt Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No...Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....tiff did not claim any relief against any order of the Mutwalli or Administrator of Waqfs and, as such, the impugned judgment and decree are liable to be set aside. 3. The plaintiff-petitioners as sons of the Wakif filed the title suit No. 147 of 1990 for permanent injunction against the defendan......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......7 DLR (AD) 138, Dilder Ahmed Chowdhury Vs. Farooq Ahmed Chowdhury with reference to section 92 and section 9 of the Code of Civil Procedure and submits that the suit was not barred by any law but the trial Court illegally rejected the plaint and the court of appeal below committed error of law occas......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... Ali Hossain and Tara Mia and absconding co accused Md. Siddiqur Rahman Bhuiyan and Md. Lutfor Rahman Bakshi under section 468 of the Penal Code and sentencing them thereunder to suffer Rigorous Imprisonment for 4 years and to pay a fine of Taka 50,000.00 each, in default, to suffer Rigorous Impriso......h believing him to be Haji Asgar Ali. Subsequently, he learnt that accused Md. Ali Hossain impersonated himself as Haji Asgar Ali in connection with the above noted LA case. Subsequently, when he was called at the office of the ADC, Narayanganj to be appraised of the foul play resorted to by accused......secution of the accused persons from the appropriate authority submitted charge sheet against the accused persons under section 468 of the Penal Code read with section 5(2) of Act II of 1947 to stand trial in the Court. 4. Upon the aforesaid allegations, 5 accused persons, including absconding ac......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
....is case accused petitioner and three others were convicted by the learned Additional District Magistrate, Jhenidah under section 325 of the Penal Code and sentenced thereunder to suffer Rigorous Imprisonment for 3 (three) years and to pay a fine of Taka 2,000.00 each, in default to suffer Rigorous I...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......ns Judge, who heard the appeal, was pleased to dismiss the appeal by his impugned judgment and order dated 5-8-97 on affirming the order of conviction and sentence dated 22-3-91 passed by the learned trial Court. In filing the revision case before this Court, the accused petitioner is late by 916 da......li (Md) …………………..Petitioner Vs. State……………………………………Opposite Party Judgment April 13, 2000. Case Referred To- Md. Reazuddin Ahmed Vs. State and another, 17 BLD (AD) 123. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Peti..Category: Criminal Law | Date: | Hits: 32
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....ot be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdul Kahar Akand was the Investigating Officer. The petitioners claimed that some of the statements recorded under section 161 of the Code of Criminal Procedure were not actuall......ey-General with Anisul Haque Md. Mostafa, Assistant Attorney-General—For the State. Criminal Revision No. 557 of 1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of C......ng Officer can not be used by the prosecution in evidence and should be expunged. The law point is whether the provisions of section 205C is a bar for using those documents in evidence at the time of trial which were not transmitted to the court along with the record under provisions of that section......1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded under section 164 of the Code of Criminal Procedure whi..Category: Criminal Law | Date: | Hits: 45
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 ......m stated to all present at the scene that accused Md. Salim had poured petrol on her body and set fire to her person by a match stick, causing fatal burn injuries. Immediately thereafter a doctor was called in to attend upon her. As her condition was critical, she was hurriedly removed to Sonagazi H......nding doctor. Subsequently, she succumbed to the injuries. 3. The police after investigation submitted charge sheet against accused appellant Md. Salim under section 302 of the Penal Code to stand trial before the Court. 4. At the trial, the prosecution examined as many as 14 witnesses and exh......For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accus..Category: Criminal Law | Date: | Hits: 53
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