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Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....cement of judgment till his arrest, having guilty mind. Further he submits that the evidence on record both oral and documentary warrants conviction and sentence and the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney......hishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nar......the Salish, even not a signatory of the Salish-nama. 22. P.W.6 Nityanondan stated in his examination-in-chief that he is the neighbour of the father of the victim. There was a Salish over the affairs of the daughter of the informant. The Salish held at 3 p.m. on Friday. Mariam stated in his pr...... the Nari-0-shishu Nirjaton Domon Ain, 2000 arising out of Keranigonj P.S. Case No.17 dated 16.5.2000. The petitioner after suffering in hajot for a considerable period obtained bail and he faced the trial but on the day of pronouncement of judgment he remained absent as a result the judgment was pa..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
...., but only on ‘an application’, filed by ‘an aggrieved person.’
5. But we should not be that myopic. There are other provisions also in the Constitution, highlighting the rights of the people. Part II of the Constitution spells out the Fundamental Principles of State Pol...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......…………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the a......ultery and punished, under Bangladesh law, adultery is an offence under section 497 of the Penal Code, but it does not envisage that a woman may be an accused or subject to any penalty.
218. The trial of any offence and the imposition of penalties may only be given by established courts and tri..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......i No. “দুদক/১১৮-২০০৭(অনুঃ২)” it has been transpired that in between 1-1-1999 to 31-12-1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Coun......(অনুঃ২)” it has been transpired that in between 1-1-1999 to 31-12-1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the Chairman of National Sports Council, Dhaka had obtained as bribe an amount of ...... Special Judge, Dhaka and the said Court having taken cognizance the Special Tribunal Case No.4 of 2008 has been registered. 5. The case was then transferred to the Special Court No.7, Dhaka for trial. The accused-petitioner, in the course of trial, filed an application before the Special Judge..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......assed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......s it was an outstanding dues of the bank to the defendant, till filing of the suit that is, till 31.12.1995. Accordingly, the appeal is allowed with the above modification of the judgment of the trial court. The respondent is hereby directed to pay the said amount of money by 12 equal mont..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....h after receiving money against shares she had no authority to raise any objection. He submitted that after receiving consideration money against shares the plaintiff has been ceased to have any right in the subject matter of share. He submitted that for the cause of plaintiff's object......ck except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in......;ferred her share to defendant No.7. She tried to keep the defendant No.7 in darkness and behind his back attempted to have declaration as prayed for. The affords taken by the plaintiff were not fair to have declaration as prayed for. Non impleading of defendant No.7 before the High Court Divis......st he submitted that the suit is not maintainable without any prayer for consequential relief. Taking us through the plaint's statement and prayer portion of the plaint he submitted that the trial Court has granted relief to the plaintiff, beyond the pleadings. He submitted that the suit is..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....s warrant such course." 12. Further reference may be made to a decision, reported in 35 DLR 167, the case of Khair Fakir Vs. State, wherein it has been held that- "Bail is a very valuable right granted to an accused by the Court and once it is granted, it should not and ought not to be i......tion 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, i......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447....... established, the approach of the Court in the matter of bail is not that the accused should be detained by way of punishment but whether the presence of the accused would be readily avail able for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidenc..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... of the death of Mirza Monwar Hossain. The evidence of P.Ws.1, 5 and 9 clearly proved the case against him to the effect that the shortage took place during his tenure as well. The appellant has been rightly convicted and sentenced. 9. For better appreciation of fact, let us examine the evidence.......23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ge sheet on 27.7.1996 against the appellant and twenty others under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 199..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....t affect the case as there were no contradictions in material particulars. The prosecution case was proved against the appellants beyond reasonable doubt and the learned Judge of the Special Tribunal rightly passed the judgment and order of conviction and sentence. 8. In order to appreciate t...... Cruelty to Women (Deterrent Punishment) Ordinance, 1983 while convicting appellant No.2 under section 4 (b) of the said Ordinance and sentencing them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka five thousand for each in default to suffer rigorous imprisonment ......r in custody of police. After coming back from Uzirpur, she lodged the ejahar. It was mentioned in the ejahar that appellant No.2 was the house tutor of her daughter Rina Begum and had developed an affair with her (Rina Begum), for which they gave her in marriage elsewhere. Because of giving her in ...... investigation submitted charge sheet on 11.7.1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Barisal and was registered as Na..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....n the same manner through the same bargadar. The defendants dispossessed the plaintiffs therefrom on 10.1.1993 disclosing that they had purchased the land from the said Meher Mondal, who had acquired right and title over the same on the basis of the deeds in question. The plaintiffs initially filed ......stant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......r Farek Uddin. Their further case is that the R.S. khatian of the suit land was published in the name of Gandola Sheikh, which was the nick name of Meher Mondal. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. The plaintiffs in order to prove their case ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....k. 10,000/- but hearing negative sound, the accused being infuriated assaulted upon the victim with a Ram dao, with intent to kill her. Then the victim tried to save herself by her hand, her wrist of right hand got cut and it was hanging and the complainant fell on the ground. Soon after, the accuse......an Tribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petitioner under section 11(Kha) of the Nari-O-Shishu Nirjatan Daman Ain,2000 and sentencing him to suffer imprisonment for life with a fine of Tk.10,000/- in default to suffer rigorous imprisonment for 3(three) years mo...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......Ka) and (Kha) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the petitioner. 4. Thereafter the case was transmitted to the Court of Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadanga for trial and renumbered as Nari-O-Shishu Case No. 176 of 2002 wherein a charge was so framed under sect..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to t......osecution has able to prove their charge perfectly and all the 10 (ten) witnesses categorically supported the prosecution case to the hilt and prays that the present appeal should be dismissed in all fairness. 10. Before entering into the merit of the appeal, let us now examine the prosecution ......er section 5(2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code. 4. Thereafter, the case record was transmitted to the Mohanagar Senior Special Judge, Dhaka for trial. Subsequently, the case record was transferred to the Special Judge, Special Judge Court No.2,..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......se No.97 of 2010 arising out of G.R. Case No.127 of 2010 corresponding to Narail P.S. Case No. 11 dated 7.4.2010 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narail Polic...... and issued a warrant of arrest against them. Thereafter they surrendered before the trial court with an intention to face the trial having no intention to become fugitive and the appellants have got fair chance of acquittal in this case and the trial court without applying his judicial mind rejecte......of the Nari-O-Shishu Nirjatan Daman Ain,2000 was started against them. Thereafter the case was duly been investigated by the police, who submitted a final report against the appellants thereafter the trial court after rejecting the final report took cognizance of the case by the order on 27.10.2710 ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....azi Ebadot Hossain, the learned Assistant Attorney General appearing on behalf of the State submits that the prosecution proved the case against the appellant beyond reasonable doubt and the Tribunal rightly and correctly assessed the evidence on record and he prays for the dismissal of the appeal. ......an Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonment for 6 (six) ......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......olice after investigation into the case submitted charge sheet against the present convict-appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 4. The case being ready for trial, the case record was send to the Nari-o-Shishu Nirjatan Daman Tribunal, Chandpur and charges w..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....spective pleadings we need to frame the following issues for determining the matter in controversy between the parties:— i) Whether the defendant decree holders have waived their right to proceed on with the other execution case No.20 of 1985 pending before the subordinate judge......ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......execution of agreement by the seller and payment of earnest money or entire consideration money. In the earlier suit those requirements have been proved and the judgment and decree passed by the trial court allowing specific performance of contract has been affirmed by the appellant Division. N..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....uently Bazler Rahman died leaving behind son defendant No.1, daughter Anwara and wife Taherun Nessa. Anwara Begum died leaving behind 4 sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1,......arch 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the H......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......os. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit plot which he is enjoying with his sons and daughters. 6. The trial court by his judgment and decree dated 22.07.2004 decreed the suit. On appeal the appellate co..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......usuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. 3904 of 2001. Judgm......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......e the transfer was a mortgage in nature, there was no scope to pre-empt the case land. He, however, admitted that the preemptor was a co-sharer in the case land. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. Both the parties examined their witnesses an..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....), the Appellants along with other miscreants, being armed with deadly weapons, seized and attacked him. In the course of such attack, the Appellant Md. Rafi Khan @ Rafia gave him blow below his right chest with a sharp knife while the Appellant Chunnu gave him a blow on his left-wrist with sha......ash;For the State in both the Appeals [Jail Appeal No.1293 of 2004] Criminal Appeal No. 4714 of 2004 with Jail Appeal No. 1293 of 2004. Judgment Sheikh Hassan Arif J. - Since both the aforesaid appeals have been preferred against the same judgment, they are taken together for hea......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......stigation, he submitted charge-sheet being charge-sheet No.97 dated 05-8-2003 against the Appellants and others under sections 148/149/302/34 of the Penal Code. 5. The case, being ready for trial, was sent to the Court of Sessions Judge, Nilphamary, wherefrom the same was transferred to th..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......al Tribunal Case No. 42 of 2009 arising out of G.R. Case No.100 of 2009 corresponding to Kashiani P.S. Case No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a private......gether with the impugned order. 5. Considering the period of custody and the impugned order we find substance in the submission of the learned advocate for the appellant that the appellant has got fair chance of acquittal in this case and the trial is delayed for no fault of the appellant, and as...... preferred the instant appeal. 3. The learned advocate appearing for the appellant submits that only the other day i.e. on 17-01-2011 charge was framed in this case, in that view of the matter the trial will be further delayed and the appellant by this time is languishing in jail custody for more..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......e-on-Record-For the Petitioner. Md. Mamunur Rashid, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......n 11.5.2004 the plaintiff bank filed the deficit court fee. This petitioner, as borrower defendant, appeared-in that Artha Rin Suit and filed written statement and ultimately the suit was ready for trial and trial also commenced. At that stage, on 25.9.2008, this defendant-petitioner filed an appl..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... respondent submits that the trial court committed no illegality in convicting him of the offence as alleged and further submits that the trial court has correctly assessed the evidence on record and rightly convicted and sentenced him and as such there is nothing to interfere in the impugned judgme......trapur P.S. Case No.64 dated 29.5.2004 corresponding to G.R. Case No. 306/2004 convicting the appellant under section 19A and 19(f) of the Arms Act, and sentencing him to suffer rigorous imprisonment for 10 years and 7 years respectively both sentence will run concurrently, should not be quashed. ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......ubmitted a charge sheet on 14.6.2004 against the petitioner under section 19A of the Arms Act. 5. Thereafter the case was transmitted to the Court of Metropolitan Special Tribunal No.10, Dhaka for trial, who by the order dated 28.11.04 after taking cognizance framed charge under section 19A of th..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
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