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Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d Judge of the trial Court should follow the procedure as laid down in section 465 of the Code of Criminal Procedure for trial in case of a person being lunatic before Court of Session continued. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subseq......the appellant, supports the appeal and strenuously submits that at the time of occurrence due to unsoundness of mind he was incapable of understanding the nature of the act or what he was doing was unlawful or wrong. The appellant was under the spell of mental unbalance and not capable of understand..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ides for arbitration in the event of any dispute arising under or in connection with the contract and the same shall be referred to the arbitrator or arbitrators for settlement in accordance with the provision of clause (a) of GC 21 of the contract. The clause also provides that reference to arbitra......cultural Products Processing and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy Farm, Bogra should not be declared to have been made without any lawful authority. 2. The facts necessary for the disposal of the Rule are: Respondent No. 4 float..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
....e case of Shiplu and another Vs. State reported in 49 DLR 53 that the trial of a minor should be held by a juvenile Court and that the trial of the accused-petitioner was held in contravention of the provisions of section 6 of the Children Act. In the instant case the Magistrate as well as the trial......d in the case of Ashrafuddin Ahmed Vs. State reported in 16 DLR 223 that omission to draw attention to the accused under section 342 of the Code of Criminal Procedure vitiates the trial and, as such, law demands re-trial of the case, but we have already found that the whole trial is without jurisdic..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......s of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of the fate of the appeal and she was recently informed about the fate of the appeal from his lawyer. Thereafter, she communicated the matter to the brother of the deceased Sk. Md. Tariqul Alam ..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....f the judgment is not accompanied with the petition of appeal is also against the law. He further stated that the learned Sessions Judge has passed the impugned judgment and order in violation of the provision of section 421 of the Code of Criminal Procedure. He further submits that in case of time ......ndatory but the appellate Court may dispense it for the interest of justice and refusing admission only because copy of the judgment is not accompanied with the petition of appeal is also against the law. He further stated that the learned Sessions Judge has passed the impugned judgment and order in..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......er. It is only on the basis of inculpatory confessional statement made by the co-accused Pijush Kami Barua, the appellant has been convicted which cannot be the sole basis of conviction in the eye of law. The learned Counsel empathically submits that this is the settled principle of law and cites a ..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. 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: 58 DLR (2006) 410....... and caused miscarriage without her consent resulting in her death by excessive bleeding on 8-7-2000 at 2-00 PM at the house of accused. Thereafter, the accused shifted the dead body to his father-in-law's house at village Niguari. Having heard of the incident PW 2 Rafiqul Islam rushed to the scene ..Category: Criminal Law | Date: | Hits: 55
....t Authority as the proposed shifting of lines are required to be taken through such lands which have been acquired by the Cantonment Authority. But the petitioner without complying with the aforesaid provision of PBS policy instruction tiled the writ petition without any legal basis. The respondent ......ian No. 19(Former), 16(Present) Dag No. 363 (Former), 646 (Present) Jote No. 293 (Former), 1532 (Present) total 71 decimals of land and why their acts should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400....... evidence on record properly and justifiably. The Learned Advocate for the opposite party No. 1 submits in response that this Court sitting in revisional jurisdiction in seeking to detect an error of law in the impugned judgment as claimed by the petitioner must not, inter alia, lose sight of the ne..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....d, particularly reports of the Charge Officer and Zonal Settlement Officer found some error in the orders of the Settlement Officer in appeals and, as such, he directed to take necessary steps as per provisions of Tenancy Rules. So, it cannot be said that the respondent No. 1 was totally without jur......pondent No. 1) and the order dated 1-7-2002 passed by the Zonal Settlement Officer, Jessore Range, Jessore (respondent No. 2) should not be declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, m..Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......e. We find some basic loopholes in the judgment, which may be overlooked had the said judgment been delivered by an Assistant Sessions Judge. The judgment does not confirm the minimum requirements of law, which will be apparent on the following discussions. In this case the prosecution has examined ..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....sent to Druta Bichar Tribunal No. 1 for trial as absconding convicts Mokammel Hyeath Khan alias Moky and Nurul Islam Sagor alias Tapa Nurul Islam and Dulal and Ayub Ali (acquitted) were at large, the provisions of section 339B of the Cr.P.C. were complied with. At the commencement of trial, charge w......e Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzza..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed any error of law resulting in an error in the decision occasioning failure of justice in not allowing the application for amendment dated 20-8-2003. 15. For the convenience of understanding the provisions of Order VI, rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17. The......d. In support of his contention he referred the case of Md. Sirajuddin Vs. Mahibunnesa and others reported in The Lawyers Volume I (AD) 136, wherein it is held: "It is an established principle of law that the prayer of amendment can be allowed at any stage of the proceeding in order to decide th..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....it statement. In the said case Mr. Justice Chowdhury ATM Masud held a different view that the Magistrate not empowered to pass an order of attachment under the 2nd proviso without compliance with the provisions of subsection (3) of section 145 of the Code of Criminal Procedure i.e. before serving co......officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute him for committing cognisable offence or for violating law and order situation and the Magistrate is the custodian of the disputed property and the Officer..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....lt to be inappropriate and unwarranted. It is not the rule of procedure that in the event of finding an accused guilty of an offence, he must be punished with the maximum possible sentence under that provision of law. The law provides the trial Court with a discretion which must be exercised judicia...... came to the scene of occurrence hearing hue and cry also managed to catch the petitioner. It is further alleged that the accused had stolen a private rickshaw belonging to the informant's brother-in-law and, as a result of their protest against the theft, the accused petitioner and others attacked ..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....aint first information report it appears that the allegations made in the petition of complaint/first information report does nut in any way bring the accused petitioner within the ambit of the penal provision or the allegation made in the petition of complaint is barred by law or if it is of the op......etition of complaint/first information report does nut in any way bring the accused petitioner within the ambit of the penal provision or the allegation made in the petition of complaint is barred by law or if it is of the opinion of the Court that if the petition of complaint be allowed to continue..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....ded the confessional statement of accused Mazid under section 164 of the Code of Criminal Procedure. It is deposed that at the time of recording confessional statement, she had followed all the legal provisions and formalities necessary to be complied with. She deposed that the accused put his LTI o......h and clamed to be tried. 7. At the trial, the prosecution examined 13 witnesses to establish the charges against the accused-persons but the defence side examined none. However, the State defence lawyer engaged on behalf of the accused-persons availed the opportunity of cross-examining the prose..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....arned Advocate appearing for the petitioner, submits that in the interest of the petitioner mills the petitioner has rightly dismissed the respondent No. 2 from the service in compliance with all the provisions of law and that it is apparent from the impugned judgment and order that the Labour Court......as to why the impugned Judgment and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....usiness house and are marketing their products under the trade mark with the word and device 'Crocodile' and they were given the registration of the said trade under class 25 after complying with the provisions law. The applicant could not claim to be the proprietor of the trade mark 'Crocodile' and......de Marks Appeal Nos. 51-52 of 2001, 11-12 of 2002 and 5 of 2004. Judgment Md. Abdul Wahhab Miah J. - In all these appeals the appellants being the same and similar facts and common questions of law being involved, have been heard together and are being disposed of by this single judgment. 2..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....r tried for, any offence together with an adult. (2) If a child is accused of an offence for which under section 239 of the Code or any other law for the time being in force such child but for the provisions of sub-section (1) could have been tried together with an adult, the Court taking cognisa......r 1 (one) year more. 2. Briefly stated, the prosecution case is that on 13-5-1993, informant Sahar Ali (since dead) lodged an ejahar (first information report-shortly FIR) alleging that his son-in-law Nasir has been killed by the appellants on 12-5-1993 at around 5-00 PM on the bank of the Kha..Category: Criminal Law | Date: | Hits: 43
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