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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....vocates—For the Opposite Party No. 1. Civil Revision No. 3682 of 2003. Judgment Sheikh Abdul Awal J.- This Rule at the instance of defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 2nd Court, Chittagong in partition suit ......laintiff having been dissatisfied with the opposite party No. 1, requested Meghna Petroleum to execute a new tenancy agreement with him for 1/4 his share of the suit land and thereafter also served a notice through his lawyer after expiry of tenancy agreement dated 31-10-1990 and, in fact, no tena......f defendant-petitioner is directed against the order No. 83 dated 29-7-2003 passed by the learned Joint District Judge, 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 defend..Category: Property Law | Date: | Hits: 42
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....iminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R) of 2002. Judgment Syed Md Ziaul Karim J.- By this appeal convict appellants have challenged the propriety of the Judgment and order dated 9-6-2002 passed by the learned Additional Sessions Judge, Second Court, Bogra in Session Case ...... 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.......arim J Nantu Mia alias Nandu Mia alias Namdu Miah and others………….Appellants Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan for Abdul Malek, Advocate—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General-F..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....am Farid and Criminal Appeal Nos. 3854 of 2003 and 3713 of 2003 at the instance of convict appellants namely, Md. Habibur Rahman and Md. Ripon respectively are directed against the Judgment and order dated 18-9-2003 passed by Druto Bichar Tribunal, Barisal in Druto Bichar Tribunal Case No. 54 of 200......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. ......ibunal 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 a commo..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
.....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 sentence dated 29-3-1998 passed by the Judge, Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail in Nari-o-Sh......pined that the confession was voluntary and true. After the confession the accused-appellant was sent to Narail Sub-Jail. It is also found that the confession (Exhibit 3) was specially brought to the notice of convict-appellate at the time of examination under section 342, Cr.P.C. but he did not com......n Case No. 7 dated 12-4-1997 convicting the accused appellant under section 5(Ga) of the Nari-o-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 and sentencing him thereunder to suffer rigorous imprisonment for 14 (fourteen) years and to pay a fine of Taka 10,000 in default to suffer further rigorous impri..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....l No. 195 of 1998. Judgment Mashuque Hossain Ahmed J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order of conviction and sentence dated 21-1-1998 passed by the Special Tribunal and Additional Sessions Judges 2 Rajshahi in Special ...... 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. ......95 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 imprisonment for..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....l filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment and order of conviction and sentence dated 17-1-1994 passed by the learned Divisional Special Judge, Chittagong in Special Case No. 48 of......ed petitioner came back to Bangladesh in the middle of June 2005 and he did not come to Bangladesh in between May, 1992 and June, 2005. The learned Advocate for the petitioner further submits that no notice or summons was served or received by the accused petitioner and no warrant of arrest and atta......he State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment an..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....r 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, Dhaka, in ...... the matter by himself or through any other agency under the provision of law. 29. The Magistrate takes cognisance under section 190 of the Code of Criminal Procedure. Cognisance means "taking notice of an offence" and would include the intention of initiating judicial proceedings against the...... 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 for 6(six)..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... petitioner and instructed them to deliver the shares to the petitioner on receipt of a banker’s pay order for Taka 44.00 lac from the petitioner. The petitioner handed over a pay order No. 0005838 dated 31-10-1993 issued by Agrani Bank, Dhaka for Taka 44.00 lac to respondent No.2 in the presence ......ive and mala fide actions of the Board of Directors to register the transfer of the said shares. In view of the non-compliance of the company the petitioner finally had no option but to cause a legal notice dated 19-12-1993 to be served on the board calling upon the board to register the said shares......cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com..Category: Company Law | Date: | Hits: 181
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....tes— 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 Judge, Kusht......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37....... Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kushtia convicting the appellant No. 1 Momin Malitha under section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sente..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....lam, Additional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dhaka Central Jail on 8...... Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dhaka Central Jail on 8.1.88. In the said order o......hat Mr. Lasker Abu Kalam, Additional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dh..Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....ed 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 prosecution case in brief is that on the n......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. ......r 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 prosecuti..Category: Criminal Law | Date: | Hits: 51
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dhaka, rejecting the prayer of the p......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......ll pending in the court. 2. Facts leading to this, in short, are that opposite party Mst. Shamsun Nessa Begum as the plaintiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, ..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....accordingly sentenced him to death by hanging and found the remaining 3 accused-persons not guilty and as such acquitted them of the charge under section 302/34 Penal Code by his judgment and order dated 25-4-87. Thereafter, on the same day, the learned Additional Sessions Judge, Bogra made this...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Reference under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the sentence of death of the condemned-prisoner Badsha Mollah passed on him on..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....was the driver of the car of the informant Nazrul Islam and observed "all the witnesses were thoroughly cross-examined by the defence but I find nothing to disbelieve their evidence brief case on the date of occurrence and he left for station road with that money by his own transport and subsequentl......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.......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....he 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 of 1985 u......al was vitiated for non examination of the accused under section 342 of the Criminal Procedure Code. He further submitted that the court of appeal below did not properly sift the evidence and did not notice the contradictions made by the P.Ws in their statements. He also submitted that the liabili......fferent places and sell the same at Chittagong; 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..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... on 14.10.80 to the Dockyard to start construction and Tk. 28.00 lacs on 3.12.80 to the company. 5. That as per the contract the vessel was supposed to be delivered within 8(eight) months from the date of disbursement of first instalment and first instalment was paid on 14.10.80. 6. That the b......t the interest burden as on 1.7.83 amounts to Taka 23,11,048/82 on the loan amount released (i.e. Tk. 42.00 lacs) and upto date liability as on 1.1.84 to Tk. 65,11,048/82. In the meantime many recall notices were served upon the accused persons to repay the entire outstanding dues but they did not c......rs are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 244 of 1984 the peti..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....h Civil Rule No.192 (F.M.) of 1986. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal by the defendant-appellant Bangladesh Shipping Corporation is directed against Order No.9 date 22.5.86 passed by Mr. M. I. Hafiz, Subordinate Judge-in-Charge of Second Court of Subordinate J......amount in Court by the applicant as prayed for." 6. On 10.5.86 appellant Bangladesh Shipping Corporation filed another application before the executing Court stating that immediately on receipt of notice of the said Second Court of Subordinate Judge, Chittagong the petitioner Bangladesh Shipping ......nt No.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defend..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....Republic of Bangladesh, 1972. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......Engineer. The petitioner challenged this order of suspension and obtained the Rule Nisi on 27.11.86. 3. Petitioner's case against the order of suspension is that there was no application of mind before passing the impugned order. No opinion was formed as to the nature of punishment to be inflicte..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....y Attorney General- for the State. Criminal Revision No. 8 of 1986. Judgment Daliluddin Ahmed J.- This Rule was issued upon the Deputy Commissioner, Pabna to show cause as to why the order, dated 5.12,85, passed by Additional Sessions Judge, Pabna,in Session Case No.2 of 1985 should not be......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......d others…………………..Petitioners Vs. The State.................Opposite party Judgment March 3, 1986. Lawyers Involved: Jamiruddin Sircar with Mir Hashmat Ali, Advocates- for the petitioners. Kaiseruddin Ahmed, Deputy Attorney General- for the State. Criminal Revi..Category: Criminal Law | Date: | Hits: 24