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Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....in the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limitation shall run from......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......�………………………...Petitioner Vs. State…………………………………………………………………….Opposite Party. Judgment June 29, 2005. Case Referred to- Hakim Rai Vs. State, AIR 1957 (Punjab) 134. Lawyers Involved: ASM Abdul Mobin with Md.......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.......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....... Sottar …………… Convict-Appellant Vs. State………………………………………………………………………..Respondent. Judgment June 26, 2006. Cases Referred to- 2 DLR 304, 28 DLR 253, 40 DLR 97, 1983 BLD 108, 1998 BLD (AD) 43, 14 PLD 1962 WP (Ouetta), 5......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.......the occurrence accused was found absconding which was one of the circumstances of guilt. So, the learned Judge of the trial Court after considering the evidence on record rightly found him guilty and accordingly, convicted him, which calls for no interference by this Court. 11. In order to apprec......…………………………………………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. Sta...... 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

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405.......mits that the respondent No. 3 Rural Electrification Board having complied with all legal procedures set up the pole as required by them to ensure supply of the electricity to the consumers and that, according to the PBS Policy Instruction No. 3004, an applicant who is desirous to shift the pole or ......r Rahman Chowdhury J Engineer Md. Nurul Islam Chowdhury…………………..Petitioner Vs. GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents. Judgment October 23, 2005. Lawyers Involved: Mobbubey Alam with JN Dcb and Ekramul Hoque. Advocates—For......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)

....by the petitioner must not, inter alia, lose sight of the need to enquire into the extent to which, if at all, such error is indeed, reflected in a perverse judgment that has resulted in a failure of justice. 6. Heard the Learned Advocates for the petitioner and opposite-parties, perused the appl......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....... Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Referred to- Gangamoyi Debi Vs. Troiluckhya Nath Chowdhwy, 33 Indian Appeals 60; Risal Singh Vs. Monohar ...... 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)

....ehear the appeal heard under Rule 31 of the said Rules. Rule 42A of the said Rules is not a stage of Settlement operation and that the respondent Nos. 1 and 2 can apply it more than once for ensuring justice and preparation of correct record of rights and, as such, the order passed by the respondent......ich was registered as Appeal Case Nos. 34806, 34807 and 34808 and were heard and disposed of by judgment dated 21-12-1999 by the Settlement Officer, Jessore allowing the appeals of the petitioner and accordingly, the aforesaid DP Khatian No. 975 was made. Thereafter, on the approach of the responden......Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 200......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)

....back on remand to the trial Court for fresh trial since the prosecution failed to adduce any legal evidence to substantiate the charge. In that view of the matter, we are of the view that the ends of justice would be met if the appellant is acquitted of the charge leveled against him. Accordingly, w...... dates for compelling the attendance of other witnesses but no other witness had turned up. At that stage, the appellant expressed his desire to plead guilty on 26- 8-2001. The learned Sessions Judge accordingly, recorded his statement on that day and on the basis of his plea, he convicted the appel......n @ Rajib Ullah.................Appellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; ......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)

....great intellectual and an asset of the country. The void created by his tragic death can hardly be filled up. The heart really bleeds on account of the tragic (and) death of such a valuable life. But justice is blind. In the domain of justice feelings, emotions or sentiment have no part to play." ......re, were rightly convicted under section 302 of the Penal Code. (4) Though conviction was given under sections 302/34, the conviction should have been given under section 302/149 of the Penal Code according to the charge framed and the evidence presented before the Court and there was no chance o......�…………………………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Sp......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)

....rned District Judge misconceived the moot point in order to dispose of an application filed Under Order VI, rule 17 of the Code of Civil Procedure, thereby took erroneous view, causing miscarriage of justice. He adds that the proposed amendment will not change the nature and character of the suit. H...... of land in the suit property from the heirs of Abdus Salam and Nurul Islam by different kabalas in 1985 and, as such, other heirs of Golam Nabi Sowdagar are not entitled to get share of the same and accordingly, prayed for separate saham. 5. During pendency of the suit on 6-3-2003, plaintiff fil......nu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman, 31 DLR (AD) 133; Nur......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)

....f the High Court Division to make such order as may be necessarily to give effect to any order made under this Court or to prevent abuse of the process of the Court or otherwise to secure the ends of justice. The inherent jurisdiction of the Court under section 561A should not be invoked where some ......e petitioner has admitted in his application that 2nd party has entered possession on 28-1-2002 and, as such, the learned Sessions Judge directed the receiver to hand over possession to 2nd party and accordingly, the receiver handed over possession to the 2nd party and order of the learned Sessions ......n (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005. Cases Referred to- Abdul Karim Vs. Gousuddin, 51 DLR 259; Abul Hashem Dewan Vs. SDO, Madaripur, 20 DLR 22; Amir......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)

....cised its discretion and awarded a lesser sentence, which would be sufficient to give the accused a lesson that crime will not go unpunished. In my view, in the facts of the instant case, the ends of justice will be sufficiently met if the petitioner is sentenced to imprisonment for the period alrea......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......�…………………………………Opposite Party. Judgment March 6, 2006. Lawyers Involved: Md. Shamsul Hoque. Advocate—For the Petitioner. Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State. Criminal Revision No. 757 of 2001. Judgment Md. Imman Ali J...... 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)

...., Rangpur Cadet College branch, Rangpur by instituting Artha Rin Case No. 8 of 2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpetuate an injustice to the accused petitioner, as such, for ends of justice, the aforesaid case is liable to be ...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......iroz Hossain Shah (Md.) ……………….Accused Petitioner Vs. State ………………………………………………Opposite Party. Judgment November 16, 2005. Cases Referred to- 1990 BLD (AD) 141; 14 DLR (SC) 18; 51 DLR (AD) 14. Lawyers Involved: Md. Osman Chuni, ......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)

....quantum of sentence to be imposed. Therefore, we are inclined to accept the submission of the learned Advocate for the accused-appellant and reduce the sentence. In our considered view, the demand of justice would be met if the sentence of life imprisonment is reduced to 7 years rigorous imprisonmen......k place immediately after the occurrence. 23. PW 6 Abdul Wahab Milon is another neighbouring witness and he testified that on 20-8-1999 Friday he heard shouting from the house of accused Mazid and accordingly, he went there. He saw the deceased Ansar Ali with profuse bleeding injuries on the floo....................................Appellant Vs. State…………………………………………………………………………..Respondent. Judgment April 9, 2006. Case Referred to: 1972 Criminal Law Journal (Madras High Court) 1641. Lawyers Involved: Md. Khalilur Rah......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)

....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......ing a written statement denying all the material allegations made against him and stating, inter alia, that, in the interest of the petitioner-company, the respondent No. 2 was dismissed from service according to law and there was no illegality in dismissing him from the service vide the impugned or......ui Jute Mills…………………………………….Petitioner Vs. Chairman, Second Labour Court & another……………..Respondents. Judgment August 14, 2005. Cases Referred to- Mobarakganj Sugar Mills Ltd. Vs. ABM Kazi Naznd Islam, 1987 BLD (AD) 182; Messrs Malik &......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)

....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......hole world. 13. Considering the facts and circumstances of the case and the impugned orders, we require the documents filed by both the parties as additional evidence to pronounce the judgment and accordingly, prayers of both the parties are allowed. 14. Mr. Gazi Md. Neamat Hossain, the learne...... 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......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)

....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335........ In cross-examination he stated that the accused persons were his neighbours with whom he had good relationship and that he went to the Police Station with the informant where the ejahar was written according to informant's verbal statement and thereafter it was read over and informant signed it. H...... Howlader and others……………………….Appellants Vs. State …………………………………………………………..Respondent. Judgment May 9, 2006. Case Referred to- Kawsar-un-Nessa and another Vs. State, 1995 BLD21 =48 DLR 196. Lawyers Involved: Md. K......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

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......��…………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. P...... petitioner moved this Court and obtained this Rule. 16. Mr. JN Deb on behalf of Mr. Mahbub Ali, the learned Advocate for the petitioner, submits that the appellate Court has committed an error of law in decreeing the saham of 1/3 rd share in the suit land to the plaintiff and also failed to cons..

Category: Property Law | Date: | Hits: 75

Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)

....resses shown in the plaint of Other Suit No. 105 of 1983 and in view of the evidence on records the trial Court ought to have decreed the suit but the failure of the Judge has caused a miscarriage of justice. He next submits that the finding of the Court below is based on misreading of evidence and ......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ed J Noorjahan Ahmed and others………………….Appellants Vs. Tarifuddin Ahmed………………………………………Respondent. Judgment August 12, 2003. Cases Referred to- Upendra Chandra Rishi and others Vs. Sufia Begum and others, 42 DLR (AD) 285; Kedar Mull Aga......nding of the Court below is based on misreading of evidence and no consideration of evidence. He also submits that there was no substituted service upon the defendants of that suit in accordance with law. 5. Mr. Rafique-ul-Huq, the learned Advocate appearing for the respondents, on the other hand..

Category: Property Law | Date: | Hits: 83

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......�……Opposite Parties. Judgment March 9, 2006. Lawyers Involved: Not represented—the Petitioner. Md. Taherul Islam, Advocate—For Opposite Party No. 1. Fahima Nasrin, Deputy Attorney-General—For the State. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J......aleque are workers under the Dhaka Municipal Corporation and live in neighboring residential quarters. On 21-8-94 the petitioner had left an iron bed in front of the informant's door where her son-in-law brushed against it and got injured. The informant asked the petitioner to remove the bed, but he..

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343....... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......�……………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases Referred to- Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BL...... Islam Avenue, Karwan Bazar, Commercial Area, Tejgaon, Dhaka to the office of the respondent No.1 in the Transmission Department at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..

Category: Employment/Service Law | Date: | Hits: 75

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