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Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....e on the managing director and hence the further prolongation of the case will amount to an abuse of the process of the court. 14. In the Circumstances, we find that the High Court Division rightly made the Rule absolute in Criminal Revision No. 17 of 1987 and quashed the proceedings of G......inal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.1......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......rned magistrate after taking cognizance in all the proceedings except the proceeding in Criminal Petition No. 233 of 1995, sent the three proceedings as aforesaid to the special Judge concerned for trial. 3. Leave was granted to consider the submissions that the accused petitioner bei..Category: Criminal Law | Date: | Hits: 40
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......on with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under section 19 (a) and (f) of the Arms Act and sentencing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......ial Tribunal, the Tribunal was in serious error in convicting and sentencing the appellant and another under section 19 (a) of the Arms Act since the facts brought on record for the indictment and trial of appellant and another there under did not disclose any offence of the kind said to have be..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......, in short, are that on December 2, 1988 the chairman of No. 2 Dahia Union Parishad because of his illness authorized accused Azizur Rahman, member of ward No. 2 to lift 15.62 metric tons of wheat for distribution amongst the VGF card holders, the said accused Azizur Rahman lifted the wheat...... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......n Act, 1947 (Act II of 1947). Prosecution in all examined 10 witnesses including the official witness, police personnel (P.Ws. 8.10) and tendered P. Ws. 4 and 7. On conclusion of trial the court of Divisional Special Judge, Rajshahi Division, Rajshahi by the judgment and order ..Category: Criminal Law | Date: | Hits: 49
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......dure, 1898 (Act No. V of 1898); section 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......etition of complaint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge sheet and persons (s) so recommended by the police for prosecution was put on trial and the trial ends in acquittal and thereupon if government files an appeal either before the ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....of the suit. 7. The learned counsel for the respondent submits that the finding of trial court as to the title of the plaintiffs to the suit land was not correct and High Court Division rightly decreed the suit which in law, constitutes a proper reversal of the trial court's find......e died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people hav......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......Farhana in favour of Jamir Mia, Mokbul Hossain and Abdul Gani do not contain their signatures and merely contain their thumb impressions by giving their false address at 227 Wiseghat. 5. The trial court after hearing dismissed the suit and the High Court Division after hearing allowed..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......dvocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......h came to the finding as to commission of forgery in the solenama and for committing the offence of forgery in the solenama filed before the Court referred the matter to the learned Magistrate for trial according to law. 9. In consideration of the facts and circumstances we do not find a..Category: Property Law | Date: | Hits: 25
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......o the plaintiff on December 1, 1977. Plaintiff's Cases is that land in suit is of plot No.1063 (old plot No.1330) as des scribed in the 'kha' schedule. The plaintiff out of the said land has prayed for recovery of possession of 4½ decimals of land possessed by the defendant, responden...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......defendant respondent that plaintiff's vendor Ishaque never possessed the land in Suit. 4. Initially by the judgment and decree dated December 30, 1981 the suit was dismissed by the trial court on the finding the defendant has been possessing the land in suit with the permission o..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......Civil Revision No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dispose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observations made there in setting aside the judgm......e contesting issues involved in the suit Court be given by the High Court Division by assessing the evidence. This Court feel that it should not decide the points raised in this appeal and with all fairness and keeping the spirit of expeditious disposal of the suit, the High Court Division Could d......urt Division while remanding the suit observed as under: "The only point to be decided as to whether the lower appellate Court was properly and legally reversed the findings of the trial Court. I have heard the learned Advocate of both sides, perused the application and the record..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ion by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Cha...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... Thereafter a 'bainapatra' was executed in favour of Abdur Rahman on 7.1.1993 for selling the land at a consideration of Tk. 65,000/- and Tk. 50,000/- was received as earnest money. Thereafter the trial court on consideration of the evidence on record both oral and documentary decreed the suit b..Category: Property Law | Date: | Hits: 32
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......Sahiduzzaman, in which he stated that accused Respondent No.2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the combined military Hospital. On the same day C.S. witness No.16 S. M......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......e Criminal Misc. Case) along with twenty six others were charge sheeted for the commission of offence punishable under sections 148/149/325/326/302/114 of the penal Code. They are waiting for trial in Sessions case No.120 of 1993, before the Court of 3rd Additional Sessions Judge, Dhaka. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......nbsp; Mohammad Fazlul Karim J. - The accused respondent along with others were tried under section 396/412/34 of the Penal Code with allegations that on 1.10.1986 at about 8 P.M in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali we......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......n 2.10.1986 at 12-30 P.M. Police upon investigation submitted charge sheet against 12 accused out of whom two convicts accused Tuku Biswas and Fashiur Rahman Mola remained absconding at the time of trial. Upon trial respondent No.1 was convicted under section 396/34 of the Penal Code and was..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....hman for adducing further evidence in addition to what has been already recorded while Mr. Justice Hakim was holding the arbitration. The High Court Division considered this objection and rightly held that the Arbitrator has not mis-conducted himself in the proceeding in completing the......1994 of the Arbitrator Md. Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from......rbitration Act did not give the arbitrator this power, he may allow the interest on his award till realization on the same analogy to court's power which will be in accordance with justice and fairness. It has also been observed that section 34 of the Code of Civil Procedure does not in ter......an submits that in the present case the Arbitrator acted beyond his jurisdiction as law has not entrusted him with any power to award interest-till realization. This question was raised before the trial Court and after a bare discussion the court decided that the plaintiff is entitled to an..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....on which leave was granted. 15. Mr. B. Hossain next submits that Rule 195 of B. S. R. Part I authorises the authority to grant extraordinary leave without leave salary, but as Mr. Shamusddin Ahmed rightly points out, this Rule is subject to Rule 34, which means that it is applicable when a Govern......egal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said cas......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......order as illegal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw ..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....e said khatian, but it was wrongly written as 0.04 in the Heba dated 24.1.1961 and that although Shamsul Huq had no title to the Khatian but yet his name was wrongly recorded in the said record of right (ROR); that Md. Ali Raj Mia died as owner of 0.01 acres of land leaving defendant Nos.1-3 as ......s been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Cla......gh defendant Nos. 1-2 did not enter into any agreement for sale with the plaintiff yet the plaintiff appellant and he got a decree from court but the village elders having considered the state of affairs persuaded the plaintiff who executed a Heba on 10-6-85 in respect of 3 huts of the land and ......s written whereas in reality the new khatian will be khatian No. 766. 4. The defendants did not file any written objection against the aforesaid application for amendment of the plaint. The trial court rejected the plaintiffs application for amendment of the plaint by his order dated..Category: Property Law | Date: | Hits: 23
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ...... 24.05.1992 passed by the learned Assistant Judge, Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respondent field Title Suit No. 263 of 1986 for declaration of title and confirmation of possession and for permanent injunction on the a......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ...... cause from appearing when the case was called on for hearing. The defendant took an appeal to the Court of District Judge, Comilla. The appeal was allowed and the judgment and order passed by the trial court was set aside. Thereafter, the plaintiff filed Civil Revision No. 3023 of 1994 against ..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....the case land openly and to the knowledge of others including the pre-emptor. Their further case is that pre-emptor knows about the transfer from the very beginning and he did not exercise his right of pre-emption within the prescribed period of limitation and as such preemption c......in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, th......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......g with the concurrent finding the High Court Division committed error in the decision. The learned Counsel further submits that the learned Judge of the High Court Division failed to consider that trial court and the court of appeal below gave specific observation finding that the notice un..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... upholding the conviction and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 convicting the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fine of Tk. 1,000/- each in defaul...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......eft arm and chest causing bleeding injury. These two appellants and others were identified by the focus of the torch light of the accused. These two appellants along with others were placed on trial before the learned Sessions judge, Rajbari who convicted and sentenced the appellants as afo..Category: Criminal Law | Date: | Hits: 78
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
.... a court is more parental in nature dispute can be resolved on basis of technicalities, Courts jurisdiction under section 491 Cr. P.C. is different and distinct from family Court, a person may have a right to move guardian Court but in appropriate case section 491 can be invoked when confinement is ......nd order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6858 of 2000). Judgment Mohammad Fazlul Karim J.- This appeal by at the instance of the informant appellant was to consider the submissions as to (i) whether the Court Division is competent ......others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zayedul Haque, 52 DLR (AD) 66; Krishna Pada Dutta Vs. The Secretary, Ministry of Home Affairs and others, 42 DLR 297; Muthu Ibrahim's case, ILB 37 Mad 567; Sukhendra Chandra Das, 42 DLR 79......ry face of it is illegal, (ii) whether a detune who is a minor can be kept in confinement for an indefinite period by a court for the purpose of determination of majority or minority on conclusion of trial, which is not warranted by law and is illegal or improper, (iii) whether the High Court Divisi..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......ial Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonment for o......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......e evidence on record and if no appeal could be preferred within the prescribed periodical being 30 days as provided under the Special Powers Act, 1974 and if the conviction is based on no evidence or trial court had no jurisdiction which can be called coram non judice, then and then only the convi..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....peal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declaration that notice date 2......t fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declara&sh......urt without giving any relief to the affected party? This is not contemplated under the civil justice system in this country. If it is found in an appropriate case that though the party is for all fairness entitled to get possession of any property can he be deprived of his entitlement simply be......ore the filing of the suit by the respondents and the respondents having been dispossessed from the said land after the suit for declaration of title filed by the respondents was dismissed by the trial court, it cannot be said that the respondents were evicted from the said lands by an action ..Category: Property Law | Date: | Hits: 31
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