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Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... and Nari-o-Shishu Nirjatan Daman Bishesh Adalat 3, Dinajpur convicting the appellants under section 8(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for 14(fourteen) years each with fine of Taka 10,000 (ten thousand) in default to rigorous i......mpany them to the railway station were denied. 10. PW 1 victim Bilkis in her deposition stated that her parents died in her infancy. She used to reside at Farmgate. Accused Naim and one female called Rina brought her to Bihari Colony at Mohammadpur. On 16-5-1997 she along with Hasina alias Be......hu Nirjatan Special Tribunal No. 3 Dinajpur and was registered as Special Case No. 173 of 1997 and the accuseds were put before the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No. 3. 3. At the trial the convicted-appellants were charged under sections 8(2) and 12 of the Nari-o-Shishu Nirjatan...... 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....No. 20 dated 16-10-2001 corresponÂding to GR case No. 327 of 2001 convicting the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......s availÂable on record framed charge against the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and read it over to him in open Court but he pleaded not guilty and demanded trial. 7. The prosecution examined 13 witnesses and out of them PWs. 6, PW 7 and 11 was tendered ......l 22, 2007. Cases Referred To- State vs. Mofazzal Hossain Pramanik 43 DLR (AD) 64A, 1996 CriLJ 3225(3228)(DB)(Guj); 1952 CriLJ 1136 (DB); Hari Majhi vs. State CriLJ (1990) 650; 1998 CriLR (SC) and MP 317(319(MP); Mazharul alias Bhulan vs. State 10 BLC 209; Tariq Habibullah vs. State 43 DLR 44..Category: Criminal Law | Date: | Hits: 38
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....and interest for its illegal use and occupation of the suit land till date. 3. Defendant No. 1 appeared and resisted suit by filing a written statement denying plaint case. Defendant Nos. 2 to 6 also filed a joint written statement. In their joint written statement, it is mainly stated that avera......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... that was filed in Court was also jointly signed by both plaintiff and defendant No. 1, and that the defendant No. 1 never ever raised any objection at any point of time to any order as passed by the trial Court and/or the award as given by the arbitrator. After 11 years, such technical question can...... at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....erence the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to resort to clause (a) of sub-section (4) of section 35 of the Income Tax Ordinance to reject the accoun......d, the learned Advocate appearing for the applicant, submits that the Assistant Commissioner of Taxes was not justified in resorting to section 35(4)(a) of the Income Tax Ordinance, 1984 (hereinafter called the Ordinance) when neither the Deputy Commissioner of Taxes nor the Appellate Additional Com......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......e Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to resort to..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mainuddin Vs. State, 2010, 39 CLC (AD)
.... 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his s......First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his son Arif Hossain from his residence and thereafter he did not return home. On query ......ence against the petitioner and others on 24th December, 2006. 4. The learned Magistrate then after compliance of formalities required by law sent the case record to the learned Sessions Judge for trial. The accused Mainuddin and Zinnat Ali filed a petition under section 265C of the Code of Crimi......im CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin………………………………….Petitioner Vs. The State and another………………..Respondents Judgment August 5, 2010. Lawyers Involved: Ab..Category: Criminal Law | Date: | Hits: 24
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....999 arising out of Demra Police Station Case No.39 dated 17.07.1994 corresponding to G.R. No.2008 of 1994 convicting the accused under Section 302/149 of the Penal Code sentencing them to suffer imprisonment for life and to pay a fine of TK.3000.00(three thousand) each in default to suffer rigorous ......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......, brother of P.W.1, living in the same house, heard any noise, which seems to be absurd and does not stand to reason. The learned Counsel further submitted that the High Court Division as well as the trial Court failed to notice that there was no ingredients of Section 302/149 of the Penal Code for ......Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State…………………………………...Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
.... The facts involved in the case, in short, are that the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 da......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......erred to the Court of the learned Sessions Judge who received the records on 27.07.2006 and having taken cognizance sent the case to the Court of the Metropolitan Sessions Judge, 5th Court, Dhaka for trial and the Metropolitan Assistant Sessions Judge having received the case continued with the proc......esent: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Mrs. Rokeya Begum……………………………..Petitioner Vs. Chartered Credit and Co-operative Limited….......Respondent. Judgment February 3, 2010. Result: Leave i..Category: Criminal Law | Date: | Hits: 45
Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
....he trial, the Trial Court by its Judgment and Order dated 30.12.2004 convicted the petitioner under Sections 19A and 19(f) of the Arms Act and sentenced him under Section 19A, to suffer rigorous imprisonment for a period of 10 (ten) years and also to pay a fine of Tk. 2,000/-, in default to suffer r...... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ......Act and the Druto Bichar Tribunal No.3, Dhaka, in Druto Bichar Tribunal Case No. 44 of 2004, framed charge under Sections 19A and 19(f) of the Arms Act against the petitioner. After conclusion of the trial, the Trial Court by its Judgment and Order dated 30.12.2004 convicted the petitioner under Sec......Senior Advocate, instructed by Md. Abu Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Petition for Leave to Appeal No. 229 of 2009 (From the Judgment and order dated 13.04.2009 passed by the High Court Division in Criminal Appeal No. 351 of 2005) ..Category: Criminal Law | Date: | Hits: 41
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....the Court of the learned Assistant Judge, Dhobaura, Mymensingh, for declaration of title to the suit land contending, inter alia, that the suit land belonged to ex-landlord M/s. Anath Bondhu Guha and sons, which was originally recorded in C.S. Khatian No. 60. The predecessor of the plaintiff Nos. 1-......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. ..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....8.1992 is not binding upon the plaintiffs and that Monmohon Sheel was the husband of Shurdhani Sheel, defendant No.2, Monmohon Sheel and Morendra Nath Sheel were full brothers. The plaintiffs are the sons of Norendra Nath Sheel. Monmohon Sheel, husband of Shurdhani Sheel died before R.S. operation w......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... 4. Mr. A. K. Badrul Huq, learned Counsel, appearing for the petitioner submitted that the High Court Division at the time of disposal of the appeal ought to have taken into consideration that the trial Court at time of disposal of the suit ought to have taken into consideration the oral and docu......Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
..... Then the petitioners made an application under Order XXI rule 58 read with section 151 of the Code of Civil Procedure for release of the attached land. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He trans......om attachment has not occasioned any failure of justice. 12. In the result, the Rule is discharged. No order as to costs. The order of stay as granted at the time of issue of the Rule is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accord......ble in law. The deeds were created. 5. The petitioners examined three witnesses and produced some documents including their purchase deeds while the decree holder examined one of its officers. The trial Court rejected the application by impugned order being of the view that the transfer in questi......his Case is also Reported in: 54 DLR (2002) 123...Category: Property Law | Date: | Hits: 27
.....
Judgment
Md. Abdul Maim J .- In this Rule the petitioners have challenged the proceedings of Bankrupt Case No. 4 of 1999 of the Bankruptcy Court, Chittagong instituted by the respondent No. 2 so far as it relates to the petitioners.
2. The respondent No. 2 Sonali Bank, Agrabad Corporate B...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
......he Bankruptcy Act.
7. It appears that the petitioners did not move the Bankruptcy Court under section 28 as quoted above. A decision by this court will prejudice the suit and should be left to the trial Court to be decided in accordance with law.
8. Therefore this application is premature one ......ion
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
Mohammad Marziul Huq J
Rezaul Karim Chowdhury (Md) & others ……….Petitioners
Vs.
Court of District Judge and Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
La..
Category: Banking Law | Date: | Hits: 127
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....midul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful ......e D) of the supplementary affidavit. At first it is mentioned that the workers and supporters of the detenu assembled in his house at night to prepare plans and strategy in connection with the hartal called by Bangladesh Awami League on 2-12-2001. Next, it is mentioned that during hartal of that day......ntion. In the case of Shariar Kabir which has been decided only few days back, we have elaborately discussed the question of treatment towards a detenu. A detenu, neither being a convict nor an under-trial prisoner, should get separate treatment and should be given more opportunity to meet members o......use as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at fir..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....ng out of GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a pe....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... The investigating officer submitted charge-sheet against the present appellant and 4 others under sections 365/387/380/342 of the Penal Code. The case was sent to the Special Tribunal, Chuadanga for trial. The Special Tribunal received the case record on 8-Â3‑1997 and registered the case as Spec......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-ÂGen..Category: Criminal Law | Date: | Hits: 38
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....16-10-2000 passed by the Single Bench of the High Court Division in Civil Revision Nos. 610 and 618 of 1995, hearing the Rules analogously and disposing of by single judgment, making both the Rules absolute, setting aside the judgÂment and decrees dated 28-7-1994 passed by the Additional District J......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......lam Khan and the plaintiff had share in it. The learned Advocate-on-Record further submitted that the transfer of Asma on 18-2-1918 to defenÂdant No.3 father of Alep Khan has been found valid by the trial Court but the appellate Court without any cogent ground overturned referred the same. 7. It......Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195...Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....that she looks like his sister, then he approached her to go with him at his house enabling him to introduce her with his mother and when they reached at Moderga bus stand, the petitioner incited her so that she would not hesitate to go with him, believing in good faith she went with him at Gulistan......o Kabinnama of marriage of the victim cannot be taken into consideration since the victim herself stated in her evidence that the convict petitioner having adopted deceitful means has procured the so-called Kabinnama, and on consideration of the above aspect of the matter it can be said that the kab......oner under sections 8, and 9 (Ka) (Kha) (Ga) of Nari-o-Shishu-Nirjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, c......mmad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf Hossain Khan J.- This Rule issued at the instance of the convict-petitioner and, Delower Hossain @ Bhuiya calling upon the Commissioner Narayanganj to show cause as to why the ..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....€” For the Opposite Parties. Civil Revision No. 1737 of 1995. Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the Azizur Rahman represented by Abdul Sattar being next friend son of Azizur Rahman is directed against the Judgment and order dated 10-4-1995 passed by the learne...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......e the above petitioner preferred the Miscellaneous Appeal before the District Judge, Noakhali and on transfer the Subordinate Judge heard the appeal and disallowed the same affirming the order of the trial Court. 9. Being dissatisfied with the aforesaid Judgment and order of the appellate Court t......(2002) 108. ..Category: Property Law | Date: | Hits: 44
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....Judgment Md. Abdul Matin J. - This appeal on leave is directed against the judgment and order dated 17.07.2001 passed by the High Court Division in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......claimed that the petitioner and his brother never executed and registered the deed dated 14.05.1969. The deed was created by forgery. 6. On 30.09.1999 Title Suit No. 249 of 1998 was decreed by the trial court. On appeal by the defendant petitioner the court of appeal below allowed the appeal and ....... Supreme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Bhashani Mondal being dead his heirs Nanda Rani Mondal and another…......Appellants Vs. Md. Abdus Sukur and others……………â..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....on Suit but the learned Munsif dismissed the Misc. Case on a finding that the summons was duly served. As against that the petitioner preferred an appeal being Misc. Appeal No. 35 of 1979 which was also dismissed on a findÂing that the summons was duly served. That brought the petitioner before thi......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......the procedure that is to be followed before there can be any recordÂing by the Sheristadar to the effect that there is a valÂid service. 9. The process server may be examined in court during the trial to prove the service returns as is done in most cases but that will not cure the initial invaÂ......er as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....not be stopped. 2. The facts leading to this Rule is that the opÂposite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Police station alleging that at about 7.30 A.M. of that date the accused persons forming an unlawful assembly and being armed with Cheni, Knife, Kiriz etc. attacked the son of ......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......arge sheet the Upazila Magistrate, transmitted G.R.Case No.84 to the Court of District Magistrate. The District Magistrate then transferred the case to the Court of Additional District Magistrate for trial and the record was reÂceived by the trial Court on 10.3.85 and the matter is still pending th......Petitioners Vs. The State & another.................Opposite Parties Judgment December 15, 1987. Cases Referred to- Nayan @ Fazlul Huq Vs. The State, 38 DLR 415; Ramjoy Mondal and ors. Vs. The State, 37 DLR 252, 1987 BLD 135; 37 DLR 252; 1987 BCR(AD) 32, Akbar Ali and others ..Category: Criminal Law | Date: | Hits: 26
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