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State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

.... Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State................................................Appellant Vs. Matiur Rahman @ Mati.................Condemned Prisoner Judgment October 25, 2011. Result: The death reference is accepted. ......p found accused Matiur Rahman @ mati to inflict sharpen dao blow on the person of victim causing cut injuries in front of the house of accused Matiur Rahman @ Mati. Having seen the said occurrence he called the neighbouring people and in the meantime the deceased met the death and accused Matiur Rah......er section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in the FIR and also unfurled at the time of trial, in short, is that deceased Tarun Kumar Saha is the younger brother of informant Arun Kumar Sa......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Bangladesh and others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any in......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... as plaintiffs instituted a suit for declaration. The defendant Range Officer contested the case. The defendants contested the suit on presentation of a written statements. The learned trial Court was pleased to decree the suit in favour of the plaintiffs by his Judgment and decree da...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....s. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the bi......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ...... provides a glaring example of abuse of the process of Court by an influential person in order to avoid huge liability he admittedly owes to the Bank in the form of loan taken in the name of industrial project. He moved the entire power corridor no less than the office of Prime Minister, the Sp......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)

....terials on record rightly framed charge under Sections 11(L), 30 of the Ain 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the ap......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......n 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing but the defence plea. Be that as it may the propositi......Abdur Rob J. - I agree. This Case is also Reported in:..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....s not entitled to a decree against a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the contract...........tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......e to the plaintiff’s contract and that the defendant Paresh having no subsisting interest in the suit property, the suit for specific performance is not maintainable against them. 3. The trial court decreed the suit against the contesting defendants and ex-parte against the defendant Pa......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

.... Rahman Biswas, an officer of the Bank, alleging an offence under sections 402/409/109 of the Penal Code read with section 5(2) of Act II of Anti-Corruption Act, 1947, inter alia, that the accused-persons collusively showing a false and fictitious name of Lablu Miah, the owner of Ahmed Enterprise, M......ich should be discharged outright. In the result the Rule is discharged without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case i......ure one. Besides, as she argues, that on a plain reading of FIR there reveals a prima-facie case as alleged against the accused-petitioner, the truth or otherwise of the same can only be decided on a trial upon evidence both oral and documentary. 9. Be that as it may be have heard the learned C......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....tation proceeding does not invoke the bar under section 195(1)(c) of the Code of Criminal Procedure and in such a case the court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... the Rule has no substance and the same should be discharged. 8. In the result, the Rule is discharged. Accordingly, the order of stay granted earlier by this Court stands vacated. The concerned trial Court is directed to complete the trial of the case as expeditiously as possible as the case i...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

....ut the Additional Sessions Judge (Sessions Judge, in Charge) Naogaon by his Order dated 26-8-2009 remanded the petitioner in custody on the ground that there are 10 cases alike, he is questionable person, the bail petitioner is defective etc. That ultimately the petitioner has been enlarged on bail ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......ook cognizance of the offence. She further submits that there is no legal ground in the instant Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial and, as such, the Rule is liable to be discharged and stay be vacated. 10. In order to appr...... High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Naima Haider J Raj Kumar Khetan…………………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: ..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....il Lwee, Management owner of Vessel M. V. Accord Commodity International Trading PTE Ltd. 531, Upper Cross Street#04-09 Hong Lim Complex, Singapore. 5. Mr. S. A. Mazid, Managing Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord…......... of the instant suits left this country long ago and the who apparently obtained the power of Attorney of those plaintiffs, also left subsequently and the Admiralty suit No.28 of 2000 filed by the so called constituted Attorney was also dismissed for default on 4.3.2004 and therefore there is every ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

....pellant No.1 was her husband while the co-accused were his father, brother, mother and close relation respectively. She got married with appellant No.1 by a registered ‘Kabinnama’. At the time of solemnizing their marriage, her father gifted ornaments worth Taka 1,30,000/- (one lac thirty thousa......ed to fulfill his illegal demand, appellant No.1 started torturing her in different way and kept her unfed. The accused persons hatched up a conspiracy and on 5.1.2007 at about 10 a.m. appellant No.1 called her to bed-room and asked to bring Taka 50,000/- (fifty thousand) only from her parent. As sh...... the case. The learned Judge of the Tribunal heard the application, rejected the same and framed charge against them, while discharged two other co-accused from the case. 4. The case was fixed for trial on 9.11.2008, when the appellants filed an application under section 344 of the Code of Crimin......n J.-I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91

Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

....akshmipur in Nari-o-Shishu Nirjatan Damon Case No.23 of 2000 convicting the appellant under section 10(1) of the Nari-o-Shishu Nirjatan Damon Ain and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka 20,000/- in default to suffer rigorous imprisonment for ......lal Bazar Government Primary School. On the date of occurrence i.e. 5.3.2000 she went to her School as usual. After the class was started, the appellant Md. Rafique Ullah, a teacher of the School had called her to library and asked to bring a glass of water. Accordingly she brought a glass of water ......submitted charge sheet on 6.7.2000 under section 10(1) of the Nario-Shishu Nirjatan Damon Ain (herein after referred to ‘the Ain’) against the sole appellant. 3. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur and was registered as Nari-...... - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-..

Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

....ud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others.........................................................Respondents Judgment...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......l-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the suit. 6. The trial court decreed the suit allotting a separate saham for 4.96 acres of land to the plaintiffs. Ag......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others.........

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Tania Amir, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Appellants, (In all appeals). Ok-Kyung Oh, in person—Respondent No.3. (In all appeals). None represented-For Respondent Nos.1-2. (In all app......y of a citizen, then the Court on being approached by the person aggrieved for the redress of any grievance has to consider the nature and extent of the breach and pass appropriate orders as may be called for without leaving the citizens to the mercy of police echelons since human dignity is a d......e with law. Further, the respondent is also a citizen of Korea and thus, the question of discriminatory treatment does not arise at all to the appellants. Article 35 guarantees rights in respect of trial and punishment. No question of improper trial or illegal conviction or torture or cruelty ari...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...........................

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....Convict-appellants Judgment July 17, 2011. Result: Death reference is rejected. The impugned judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. Th......stances Act, 1908 accusing 14 accused and 7 accused were not sent up for trial. 6. Eventually, the Special Tribunal took cognizance of the offence against all. 7. Later on, the accused were called upon to answer the charge under sections 3 and 3A of the Explosive Substances Act, 1908 to wh......g arisen out of a common judgment. These have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report and unfurled at trial are that on 17-8-2005 while SI Lutfor Rahman (P.W.1) along with Constable Abdul Mannan (P.W.2)......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

.... Artha Rin Suit Nos.29 of 2005 and 56 of 2005 against Capital Ship Breakers Limited, the petitioner's vendor in respect of the suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat ex...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......ntiff in a suit for declaration of title, confirmation of possession and perpetual injunction moves this petition against a judgment and order of the High Court Division which affirmed that of the trial Court rejecting its prayer for temporary injunction pending disposal of the Suit. 2. Pet......Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: The leav..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

....ir accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police Station against the accused persons namely (1) Kaisar-uz-zaman (petitioner), (2) Fariduddin (3) Nasrin Chowdhury (4) Iqbal uddin (5...... provides that investigation of the offences under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commission to hold investi......d Advocate for the petitioner adds that the Magistrate of the Court of cognizance accepted the police report and thereby discharged the petitioner and did not send him to the Court of Session for his trial. In that case the Senior Special Judge consisting of the Sessions Judge, Sylhet, had no jurisd......ional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgment ..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....�……………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ...... hand, submits that, submissions of the Advocate for the plaintiff petitioner are merely on technically as after long 20 years of the filing of the suit the suits cannot be sent back on remand to the trial Court as no fruitful result would be available in remanding the suits. Learned Advocate for th...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....2011. Result: The petition is dismissed. Lawyers Involved: M.A. Sobhan, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......n made within the period stipulated by the Court, the decree was drawn up on 30.07.1991. The petitioner-Bank thereafter preferred First Appeal No.836 of 1991 claiming that the interest ordered by the trial Court at 6% per anum was too low and prayed that the interest may be ordered to be paid at 16%......taz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....2011. Result: The petition is dismissed. Lawyers Involved: M.A. Sobhan, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......n made within the period stipulated by the Court, the decree was drawn up on 30.07.1991. The petitioner-Bank thereafter preferred First Appeal No.836 of 1991 claiming that the interest ordered by the trial Court at 6% per anum was too low and prayed that the interest may be ordered to be paid at 16%......Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

..... Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect ......osite party who had been enjoying and possessing the case land along with other land left by her parents to partition the same but he was no giving her due share and eventually a salish baithak was called for the purpose at the house of the seller on 20tn March, 1998 wherein he, for the first time......he land by purchase. They have got their names mutated upon separation of the jama and have been paying rent. The case is hopelessly barred by limitation and also bad for defect of parties. 6. The trial Court allowed the pre-emption and on appeal from the said judgment, the Court of appeal below ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...............

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

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