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Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in short, is that suit jote of schedule 'ka' originally belonged to Deyanat Ullah who died leaving behind his only son Delwar Sheikh; that suit jote of schedule 'Kha' belonged to plaintiff and Delwar Sheikh; that th......rty who substantially asserts the affirmative of the issue and not upon the party who denies it. Moreover, it is reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succee......or the petitioner has placed before us the plaint and written statement, the deposition of the witnesses and documents filed by both the parties and the judgments of the appellate Court as well as of trial Court. 17. It is admitted that suit land belonged to Delwar Hossain and Maherunnessa who we...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pellate Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J State................................... Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Servi......finding of the Sessions Judge. 19. With regard to the merit of the case, the learned Advocate submits that there is no eyewitness to the occurrence and the only basis of the conviction is the so-called confessional statement of the accused. He points out that admittedly the confession of the ac......after hearing submissions with regard to the age of the accused, the learned Sessions Judge came to a finding that the accused was at that time aged 15 years 21 days. Thereafter, he sent the case for trial to the Additional Sessions Judge, 1st Court, Jhenaidah, cum Nari-o-Shishu Nirjatan Daman Tribu.................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....lock No. NE(D), Road No. 73/G, Gulshan Residential Area, Dhaka as described in Schedules A and B of the plaint in the name of "BLISS" Apartment Project; that in course of discussion defendant No. 1 also informed him that out of 10 apartments of the above "BLISS" Apartment Project he had already sold...... When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise; (c) The person making the proposal is called the "promisor" and the person accepting the proposal is called the "promisee"; (d) When, a......f and defendant entered into a valid agreement? d) Whether the plaintiff was entitled to get a decree as prayed for? e) To what relief, if any, the plaintiff was entitled to? 7. In course of trial the plaintiff examined two witnesses including himself while defendant Nos. 1-2 examined one w...... This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
.... 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 1988 convicting the appellant under section 302 of the Penal Code an......odged the First Information Report which he proved it as Exhibit 3 and his signature Exhibit 3/1. In cross examination he denied that at the place of occurrence he did not find the accused but he was called from his village home. 16. PW 10, Abdul Haq escorted the dead body to the morgue PW 11, Dr...... Station Case No. 9 dated 19-10-1988 corresponding to GR Case No. 68 of 1988. 3. After investigation Police submitted charge-sheet against the appellant. 4. Eventually the accused was placed on trial in the court of Additional Sessions Judge, Jessore to answer the charge under section 302 of t......rney-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 o..Category: Criminal Law | Date: | Hits: 40
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ucceed in the election held in 1995. Because of his participation in different elections he had disputes with the ruling CBA leaders and because of the conspiracy of the respondent Mill Authority and some leaders of the union he was dismissed from service on 5-3-1994. Subsequently, he was reinstated......e Court, the proceedings of the Court may continue, and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or be called in question merely on the ground of such absence, or on the ground of any vacancy in, or any ......and, as such, the case is liable to be dismissed. 5. According to the report of the Enquiry Committee, the petitioner was found guilty and he was legally dismissed from service. At the time of trial the first party petitioner examined himself as PW 1 and he also examined the witnesses and cro......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
.... rented to SVOC Petrol Pump and all the 4 brothers were enjoying possession according to their respective share through tenants. Subsequently, the schedule land was rented by a tenancy agreement to Esso Standard Eastern Co. for constructing a petrol pump and after liberation the said petrol pump was...... 2nd Court, Chittagong in partition suit No. 89 of 1996 allowing the application for additional statement and an application for amendment of written statement filed by the defendant 2 (hereinafter called the opposite party No. 1) in the suit and by the same order rejecting an application filed by......t Nos. 1 and 3 have been hatching conspiracy to cause damage to the petrol pump business of the instant defendant-opposite party No. 1. 4. After filing of the written statement dated 27-7-1997 the trial of the suit started and thereafter at the belated stage the defendant-opposite party No. 1 fil...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ..Category: Property Law | Date: | Hits: 42
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....essions Judge, Second Court, Bogra in Session Case No. 14 of 1994 convicting appellant Nantu Mia and appellant Fazar Ali under section 302 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......Ali and Hakim Ali, and under section 324 of the Penal Code was framed against accused Samsul Haq. The charges were read over to them who pleaded not guilty and claimed to be tried. 6. In course of trial the prosecution in all examined 13(thirteen) witnesses and the defence examined none. 7. Af...... This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ichar Tribunal Case No. 54 of 2003 convicting the appellants under section 9(3) of Nari-o-Shisu Nirjatan Daman Ain, 2000 (hereinafter referred as Ain, 2000) and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 1,00,000. 2. All these appeals having arisen out of......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......e. But before taking cognisance the tribunal by the order dated 9-6-2003 transmitted the case record to Druto Bichar Tribunal, Barisal in pursuance of the Government notification dated 115-2003 for trial and disposal. Consequently, Druto Bichar Tribunal by the order dated 2-7-2003 took cognisance ......his Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....d-Appellant. Md. Anisur Rahman, Assistant Attorney-General— For the State. Criminal Appeal No.991 of 1998. Judgment Sheikh Abdul Awal J.- This appeal at the instance of sole convict appellant Gour Chandra Pal is directed against the judgment and order of conviction and......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......d appellant under section 5 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995. 4. Ultimately, the case was transmitted to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail for trial, who by his order dated 7-8-1995 framed charge against the accused appellant under section 5 o......ted in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....75 of 1995 convicting the accused appellant Jugal Kumar Das under sections 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment, Ordinance) 1983 and sentenced him thereunder to suffer rigorous imprisonment for 14(fourteen) years and to pay a fine of Taka 5000 in default to suffer rigorous imprison...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......against the accused person under sections 4(Kha) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. 5. In view of the aforesaid charge-sheet the accused appellant was put on trial before Special Tribunal and Additional Sessions Judge Rajshahi to answer the same under sectio..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....arising out of GR case No. 126 of 1992 corresponding to Golapgonj PS case No. 14 dated 16-7-1992 convicted the appellant under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for 1(one) year and also to pay a fine of Taka 60,000 in default to suffer rigorous imprison......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......nder section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. After submission of the charge-sheet, the case was sent to the Divisional Special Judge, Chittagong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The l...........................Opposite Party Judgment August 9, 2005. Cases Referred To- Lal Mia vs State 42 DLR 15; Anser Ali (Md) vs State 3 BLC 68; Bangladesh vs Lokman Patwary and others 1994 BLD (AD) 155 = 46 DLR (AD) 163; Md Abdul Motaleb Mia vs State 7 MLR 458 = 7 BLC 644;..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....-10-1999 passed by the learned Metropolitan Magistrate in Petition Case No. 1245 of 1996 who convicted the accused petitioner under section 420 of the Penal Code, sentencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment fo......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... 11. Mr. Maqbul Ahmed, the learned Advocate for the petitioner, submits that the Court below committed error of law in convicting and sentencing the accused without lawful authority; that the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convi...... Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, ..Category: Criminal Law | Date: | Hits: 41
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
...., and the result was published in the Extra Ordinary Gazettes on 29.5.88 on 2.7.88, under the order of the Chief election Commissioner, there was re-election in Boraya Maizbhag Primary School and also Fulbari Aziria Madrasha centres. This time the opposite party No. 1 was declared elected chairm......hieving the reliefs conceived under rule 45. Again an order of injunction is not necessary for preservation of the subject-matter of the election petition. Therefore an order of injunction is not called for in an election petition either under Order 39, rule 1 C.P.C. or section 94 of the said Co...... Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have been empowered to decide Election dispute. Procedure for holding the trial of such disputes is the same as that of an ordinary Civil Court being constituted by Munsifs...... 31 DLR 119, 29 DLR (HC) 111 & 31 DLR 119, 27 DLR 388, 38 DLR (HC) 41, 38 DLR (HC) 262, 38 DLR 435, 38 DLR (HC) 262. Lawyers Involved: Dewan AMS Zaman, Deputy Attorney General, Kibria Chowdhury and Akhlaque Rahman, Advocates — For the Petitioner. M.A. Mannan, Advocate — For the Opposi..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
.... and sentencing him to suffer R.I. for one year. 3. Briefly stated the prosecution case was that on 28.11.75 corresponding to the 11th Agrahayan, 1382 B.S. at about 2-30 P.M. Momin Malitha and his son Badaruddin were demolishing the fencing of the victim Abdul Karim Munshi which admittedly stood ......amined by the prosecution and the defence. 20. P.W.4, Kauser Ali who is the son of the informant was declared hostile. A suggestion though denied was given to this witness to the effect that Karim called him and others to stack Momin's house and they trespassed into Momin's house and injured Momi......47/148/448/302 of the Penal Code. 4. Mr. S. Islam, Magistrate, 1st Class, Chuadanga then held the preliminary inquiry and committed the 6 accused persons to the Court of Sessions to stand their trial under sections 302/34 of the Penal Code by his committal order dated 7.1.77. The learned Sessi......que Advocates— For the Appellants. A.B.M. Golam Majid Advocate— For the State. Criminal Appeal No. 230 of 1978 Judgment Muhammad Ansar Ali J.— This appeal arises out of the Judgment and order dated 31.8.78 passed in Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Ju..Category: Criminal Law | Date: | Hits: 52
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 7 years each by his judgment dated 21-4-85 in Sessions Case No. 105 of 1983. 2. The p......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......ccused-appellant Ali Howlader and Amir Hossain were identified by the witnesses. On completion of the investigation police submitted charge-sheet under section 395/397 of the Penal Code. 3. At the trial charge was framed under section 395/397 of the Penal Code against 10 accused-persons including......al No. 136 of 1987 with Jail Appeal No. 157 of 1988 Judgment Mohammad Ismailuddin Sarker J.—This appeal by the 3 accused-appellants are directed against the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 ..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....resaid Court. 3. The prosecution case in short, is that one Abul Hossain lodged an ejahar at Gulshan P.S. on 3-8-88 alleging that his daughter aged about 14 years has been abducted by one Mobarak, son of Raj Mia. The police after investigation submitted charge sheet against the present appellant ......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......Special Tribunal by his order dated 1-11-88 rejected the appellant's prayer for recalling the prosecution witnesses for cross-examination. 2. The appellant's case, in short, is that he is facing trial in Special Tribunal case No. 11 of 1987 under section 366A of the Penal Code read with secti......t Mahmudul Amin Chowdhury J.- This appeal preferred under section 30 of the Special Powers Act, 1974 is directed against the order dated 1-11-88 passed by the Assistant Sessions Judge, 4th Court and Special Tribunal, Dhaka in Special Tribunal case No. 11 of 1987. The learned Special Tribuna..Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....sportation for life. 2. The prosecution case in short as stated in the First Information Report by informant Abdul Gani P.W.1 is that on the night following 12-5-81 at about 10/11 P.M. informant's son Jitu Miah was taking meal when the appellant Siddik Ali and Nousha Miah @ Hiru Miah called him t......ion Report by informant Abdul Gani P.W.1 is that on the night following 12-5-81 at about 10/11 P.M. informant's son Jitu Miah was taking meal when the appellant Siddik Ali and Nousha Miah @ Hiru Miah called him to the house of the appellant Siddik Ali. About half an hour thereafter the informant h......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ...... Case No. 158 of 1982 in the Court of Addl. Sessions Judge, 1st Court, Sylhet.) Judgment Nurul Huque Bhuiyan J.—This appeal has been preferred by the appellant Siddik Ali against the judgment and order dated 31-5-83 passed by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, S..Category: Criminal Law | Date: | Hits: 30
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....1976 (SC) 557, AIR 1953 (SC) 468. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General with Sajjad Ali Chowdhury, Advocate — For the State. Md. Shahjahan, Advocate — For Condemned-prisoner. Death Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Refere......urther submits that the learned Additional Sessions Judge seriously erred in law in passing the impugned judgment and order of conviction and sentence merely on surmises and conjectures and upon so-called circumstantial evidence and the extra-judicial confession of the condemned-prisoner without s......dge, Bogra received the case records and fixed 18-11-86 for framing charge. Thereafter on 12-11-86 he was pleased to transfer the case to the Court of the learned Additional Sessions Judge, Bogra for trial and disposal. 3. The learned Additional Sessions Judge heard both the sides and on consider......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurrence from his house and saw the dead body of deceased Babu Mollah with cut injuries on his throat. After a while accus..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....f the facts and circumstances of the case found the accused-petitioner guilty of having committed theft and convicted him under section 381 of the Penal Code and sentenced him to suffer rigorous imprisonment for 6 months. The petitioner's appeal against the order of conviction and sentence before th......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......oper points for determination. It was further alleged that formalities of the provision of section 342 Cr.P.C. were not properly observed in examining the accused and thereby he was prejudiced in his trial. The petitioner also made a grievance that the charge having been framed under section 408 of ........Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra Das and another Vs. Nimai Chandra Das, 21 DLR 384, Sultan Ahmed Vs. the State, 12 DLR at page ..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....ttagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Hajee Mozaffar Ahmed Chowdhury on credit and handed over the same to the petitioner for sale at Chittagong. The petitioner sold the same at Chittagong but did not pay the sale proceeds to the complainant inspite of his repe......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......ged that as the accused petitioner did not pay the sale proceeds a Salish was held but the petitioner refused to attend the Salish and subsequently denied the entire transaction. The petitioner stood trial before the Magistrate who framed charge under section 406 of the Penal Code against him to whi...... — For the petitioner. Abdul Momen Chowdhury, Advocate—For the Opposite Party. Criminal Revision No. 47 of 1986 Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122..Category: Criminal Law | Date: | Hits: 37
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