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Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....irected against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convicting and sentencing the accused appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 20,000.00 in default to suffer rigorous impriso......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......ce, Nalchit misappropriated the entire materials himself. 3. The Anti-Corruption Department after investigation submitted charge sheet against the accused-appellant and the appellant was placed on trial before the learned Senior Special Judge, Jhalakati who after examining 14 PWs on behalf of the......s. State ……………. Respondent Judgment January 10, 2001. Result: The appeal is allowed. Cases Referred to- Abdul Awal Vs. State 1962 PLD Dhaka 623 =13 DLR 397; Gulak Chand Ragudas Vs. State AIR 194 (PC) 82; Abdul Hakim Vs. State 45 DLR 352 relied (7 & 9) Lawyer..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....a deaf and dumb girl and she was a maidservant in the house of the informant. The allegation is that on the date of occurrence when the informant was in his office, his wife was in the market and his son was in the school, the appellant petitioner entered into the house and raped the victim forcibly......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ...... Judgment Md. Hamidul Haque J. - This is an application for bail in a pending appeal. 2. The learned Advocate for the petitioner has submitted that in this Case the victim is a deaf and dumb girl and she was a maidservant in the house of the informant. The allegation is that on the..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Vs. State 1958 PLD (SC) 333; Fazal Illahi Vs. Crown (1953 PLD FC 35); State of Assam Vs. Rangu Muhammad and others (AIR 1967 (SC) 903; 28 DLR (SC) 185; Fisher Vs. Owen 1878 8CD 645; Cracknall Vs. Janson 1879 11 CD 1; (1891) 15 Born 488; Zamindar of Tuni Vs. Bennayya (1899) 22 Mad 155; Hukum Chand B...... both couched in almost identical terms. The learned Assistant Judge rejected the applications and asked the plaintiff to get ready to proceed with the hearing of the suit. However, when the suit was called on for hearing neither the plaintiff nor his learned Advocate, the petitioner, appeared to pr......on such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.’’ 3. Order IX, rule 8 has imposed an obligation on the trial Court to dismiss a suit, if the plaintiff does not appear when it is taken up for hearing, unl......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Bibhu Ranjan Das ………………………Petitioner Vs. Hakim Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases ..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....d 21-11-1999 for hearing. On 21-11-1999 the learned Magistrate after hearing both the parties rejected the prayer for bail as well as the prayer for remand made by the State. The learned Magistrate also called the letter issued by the Home Ministry vide Memo No. 2/97 Sha-Ma (Bohi-9) 729 dated 30-7-1......1-11-1999 for hearing. On 21-11-1999 the learned Magistrate after hearing both the parties rejected the prayer for bail as well as the prayer for remand made by the State. The learned Magistrate also called the letter issued by the Home Ministry vide Memo No. 2/97 Sha-Ma (Bohi-9) 729 dated 30-7-1998......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......minal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....revention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby committed an offence under section (91)(e) of the said Act of 1947. ...... committed an offence of misconduct under section 5(1) (d) of the Prevention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby com...... (appellant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Speci......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Latifur Rahman J Hussain Mohammad Ershad………………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: ..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... relating to detention, sub-sections (2) and (3) of section 3 are reproduced below: “3. (2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section ......lul Hoque Chowdhury, Assistant Attorney- General— For the State. Criminal Miscellaneous Case No.3613 of 2000. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah Distric......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......ellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000. La..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....-1995 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal No.61 of 1990 affirming the judgment and order dated 31-10-1990 passed by the learned Upazilla Magistrate, Charbhadrason in CR Case No. 20 of 1990, convicting the accused petitioner under sections 447/379 of the Penal......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......d took away from the Case land paddy grown by the complainant and thereby caused him a loss of Taka 10,000.00. 3. Upon the aforesaid allegations, the accused petitioners and others were put on trial before the learned Magistrate, Charbhadrason in CR Case No.20 of 1990 to answer charges under ....... This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....der the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as plaintiffs laid a suit being Title Suit No. 199 of 1960 in...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......the defendants but without any success. The appeal was dismissed. The appellate decree was also challenged before the High Court Division in a Second Appeal and the preliminary decree recorded by the trial Court was maintained. Proceeding for drawing up a final decree commenced. For effecting final ......ourt High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Arabinda Das...........................Petitioner Vs. Sura Bala Das and others………….Opposite Parties Judgment August 19, 1999. Lawyers I..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....al of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Bangladesh and 5 other commercial banks. The company was gra......lex Ltd. 2. The petitioner’s Case, in brief, is that the petitioner is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 t......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......me Court High Court Division (Original Civil Jurisdiction) Present: Md. Awlad Ali J Nafisa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases ..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ave chance to settle the dispute amicably. 7. Under section 48 of the Code of Civil Procedure fresh application for execution presented after the expiration of 12 years from the date of decree sought to be executed has been barred. Under article 182 of the Limitation Act time for execution of......ney Execution Case No. 76 of 1985 is dismissed. Communicate this order to the executing Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ee” to identify lands for rehabilitation of slum dwellers of Dhaka City and Annexure ‘J’ is the report of the committee for the purpose of Basti Punarbashon. 4. Subsequently government also adopted the existing policy and Minister for LGRD held a meeting on 27-12-91 in Secretariat and m......d it was sent vide Annexure ‘L’ to Prime Ministers Secretariat for action wherefrom it was sent to respondent No. 1 vide Annexure-M and therefrom vide Annexure-N detailed report in the matter was called for from respondent No. 3. He also points out that meanwhile vide Annexure dated 20-7-92 chie......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
.... Vascular Diseases (hereinafter referred to as NICVD) and he is in need of constant attendance, special care and better treatment in a free atmosphere and, as such, is entitled to bail under the proviso to section 497(1) of the Code. He then submits that the learned Metropolitan Sessions Judge recei......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......ord. 2. This is an application under section 498 of the Code of Criminal Procedure (hereinafter referred to as the Code) at the instance of accused-petitioner Nurul Islam Monzoor who is facing trial under sections 120-B/448/449/302/109/34 of the Penal Code in Sessions Case No. 7/99 pending be...... (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment December 5, 2000. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and wit...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......es including the issue whether the suit is hit by section 42 of Specific Relief Act and whether the plaintiff has any right, title and interest and possession in the suit land were framed. 10. The trial Court on consideration of the statements of PW1 Alfaz Ali Howlader, son of late Tayeb Ali Howl......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....ed 25-09-84, the plaintiff could have gone to an Administrative Tribunal under section 4 of the Administrative Tribunal Act if he claimed to be not a worker and the jurisdiction of a Civil Court is also impliedly ousted by this Act. According to him, after the dismissal of the statutory appeal on 25......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......r, he is non-suited, because his suit filed under the Civil Procedure Code is not maintainable, specific remedy of his grievance lies in a separate forum, the Labour Court, established under the Industrial Relations Ordinance, 1969, as amended up to date.’ The principle followed- “Whe...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....nal Appeal No. 4 of 1998, setting aside the judgment and order dated 5-7.1998 passed by the petitioner, as the concerned Magistrate, in Miscellaneous Case No. 15 of 1998, should not be expunged and also to show cause as to why the First Class Magisterial power of the petitioner should not be restore......ned Counsel appearing on behalf of the petitioner, submits that in disposing of the appeal, the observations of the learned Sessions Judge about the competency of the petitioner as a Magistrate was uncalled for and, as such, liable to be expunged. Besides, he submits, the Learned Judge traveled beyo...... other Court by which such offence is shown in the eighth column of the second schedule to be triable.” The said provision together with the schedule provides for the forum and the manner of trial of all offences under the Penal Code. In this connection it must be borne in mind that the Cod......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da..Category: Criminal Law | Date: | Hits: 29
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....we are to consider the previous history of this Case. The opposite parties No.1 to 40 are the plaintiffs in the instant Case namely, Title Suit No.42 of 1999. These opposite parties No.1 to 40 were also plaintiffs in Title Suit No. 92 of 1991 which was subsequently re-numbered as Title Suit No. 177 ......ible moment, so that, if permissible under law, he may found a properly constituted Case.” 15. Order 7, rule 11, of the Code, as quoted ye, enumerates certain categories under which Court is called upon to reject a plaint, but, it is obvious that they are not exhaustive. It appears from the......e to ‘Ga’ schedule land. It is further prayed that the land described in ‘Kha’ Schedule measuring about 94 ajutangsha was purchased by the defendant No. 1 from defendants No.2 to 6 before the trial Court the defendants filed an application under Order 7 rule 11 read with order 17 Rule 2 of t...... (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... taking cognizance of such offences on the basis of private complaint. The learned Advocate further submits that since the Assistant Commissioner (Land) refused to make a complaint who is the only person to form an opinion whether the offence was committed or not, the proceeding initiated at the ins...... The word evidence means and includes ‘(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry : such statements are called oral evidence; (2) all documents produced for the inspection of the Court, such documents are......30, 31 and 39 of the Tenancy Rules 1954 held that a Revenue Officer having additional powers of Settlement Officer while hearing objection Case shall have all powers exercisable by a Civil Court in a trial of suits under Civil Procedure Code and decides ownership or possession of land or of any inte......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kuma..Category: Criminal Law | Date: | Hits: 59
.... of the sex-workers in the early hours of 23-7-1999 from their residence at Tanbazar and Nimtali, Narayanganj by the District Administration with the help of the Police and dislodging them and taking some of them to the Kashimpur Vagrant Home in the name of rehabilitation should not be declared to b...... the same. Although the newspaper report was to the effect that the girls and women were picked up for the purpose of being rehabilitated elsewhere but surprisingly, the secret manner in which the so-called rehabilitation Programme was conducted leaves much scope for suspicion that there is more to ......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
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Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
.....60 of 2004 heard with Criminal Appeal No.1339 of 2004 with Jail Appeal No.459 of 2004. 2. The facts, in short, are that deceased Most. Sabina Yasmin Rakhi was given in marriage to condemned prisoner Md. Sadequl Islam Tusar on 14.03.2003. At the time of marriage, the informant gave 20 vori of ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......sheet against the accused under Section 11(ka)/30 of the Ain, 2000 as a prima facie case was made out against the accused. The case ultimately came to the court of Druta Bichar Tribunal, Rajshahi for trial. 5. During trial, the Bicharok framed charge against the accused under Sections 11 (ka...... (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J The State...............................Petitioner Vs. Md. Sadequl Islam Tusar and others .................Respondents Judgment April 6, 2009. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
....ge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the opposite party Nos. 2 and 3 sold the case land by kabala dated 30.07.1996 to opposite party No.1 (pre-emptee) who is a stranger ...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......n the miscellaneous application and contended that the pre-emptor did not deposit the total consideration money and the pre-emptee made improvement of the case land by investing huge money. 4. The trial court dismissed the case. Being aggrieved the pre-emptor filed Miscellaneous Appeal before the......n-Record-For the Petitioner. A.K.M. Shahidul Huq, Advocate-on Record- For Respondent No.1. Not represented-Respondent Nos. 2-9. Civil Review Petition No.119 of 2007. (From the judgment and order dated 17.05.2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No..Category: Property Law | Date: | Hits: 20
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