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Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......her mother Khodeja Khatoon found some persons assembled at the Union Parishad road situated to the north of the house of the appellant Md Wasim Mia and while Khodeja Khatoon (PW 1), mother of the aforesaid Champa Khatoon, went .there the appellant Md. Wasim Mia and co-accused Md. Wafiz Mia (sinc......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......gainst the appellant Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under sections 7/9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, in short, the Act. The case thereafter being sent for trial, the trial Court framed charge against the accused under section 9(1) read with section 30 of..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

.... quite in accordance to law for the commission of the offence providing sentence of death, his contention referring to provision of Article 31 of the Constitution so far provision thereof relates to 'right to life' is not well founded in law. I agree with the judgment as well as the conclusion ar......ddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From th......rding other petitioners, according to the learned Additional Attorney-General, nothing could be represented by the learned Advocates appearing for the accused to hold that their conviction has been unfair or illegal in any way. Moreso, in view of their statements, quoted above and their failure to c......ry J. Md. Fazlul Karim J.- Perused the attached note of my brother Mr. Md. Joynul Abedin, J along with the contention in appeal raised by the four convicts who have been sentenced to death by the trial Court in accordance with law. 9. Since the convicts have disowned the jurisdiction of this ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....then supply those to the respondent No.1. Otherwise there was no need for the port authority to write many letters to the Ministry for obtaining permission to make payment to the respondent No.1. The right of the respondent No.1 to get payment from the port authority, a separate entity, against supp......e learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of Taka 66,06,500 on the averments, inter alia, that Mongla Port Authority, of which th......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......lls but in spite of that he failed to complete the construction works within the time as stipulated and thereby the port authority incurred loss and therefore, the contracts were cancelled. 4. The trial Court upon consideration of the evidence on record decreed the suit in part for an amount of T..

Category: Civil Law | Date: | Hits: 109

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....rlier proceeding on the same facts. If the petitioner can establish a case of double jeopardy on facts he can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter, arising from a departmental........Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal prosecutions. 'Double jeopardy......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......ty of any person except in accordance with law has been violated by the impugned proceeding. 4. We are not impressed by the arguments advanced by the learned Advocate. Protection in respect of trial and punishment, that is, bar to conviction and punishment more than once for the same offenc..

Category: Constitutional Law | Date: | Hits: 159

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....e basis of semi-digested food found at the abdomen is not proper as it may differ from man to man. About passing of order by the two accuseds, the witnesses are discrepant. So these two accuseds have rightly been acquitted. However the conviction awarded against principle accused Mohammed Khan by th......ranted to consider whether the High Court Division was correct in acquitting the principal accused Mohammad Kha alone on the evidence on record. 3. Prosecution case, in short, is that, one day before the date of occurrence accused respondent Mohammad Kha along with others forcibly entered int......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......arty raised alarm and hearing the hue and cry many people came to the place of occurrence and saw and heard about the occurrence. On these allegations the accused respondents and others were put on trial under sections 302/149/323/448/360/148 of the Penal Code. 4. The defence case is that, the ..

Category: Criminal Law | Date: | Hits: 117

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....and thus estoppel will operate in any case because the conduct of the pre-emptor has induced the purchasers (appellants) to alter their position and the preemptor cannot now turn round and assert his right to undo a transaction which is very largely the result of his own creation………………�......ing pre-emption upon selling aside the concurrent decision of the courts below to the contrary. 2. Pre-emptor-respondent no.1 filed Misc. Case No. 37/80 in the 2nd Court of Munsif, Sadar, Sylhet for pre-emption of the case land transferred by respondents 2-4 to the appellants and another by a r......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......d acquiescence. Accordingly, the Misc. case was dismissed. On appeal, the learned Additional Subordinate Judge, 1st Court, Sylhet, by judgment and order dated 1.9.82, affirmed the decision of the trial Court and dismissed the appeal. 4. The pre-emptor then went in revision before the High Cou..

Category: Property Law | Date: | Hits: 47

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... except the confessions but then upon rejecting the objections as to the use of the said confessions concluded that "We have no hesitation to hold that the confession of the accused persons have been rightly used to convict the appellants". The learned Judges, however, noticed that the confessions w...... Barisal in appeal affirming the conviction and sentence of the appellants under sections 395/397 Penal Code. 2. The appellants along with five others were put on trial (three tried in absentia) before the Assistant Sessions Judge, Bakerganj on the aforesaid charge on the allegation that in the...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... & Procedure It was injudicious to rely upon confession without calling the magistrate as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commiss..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

.... Judgment June 14, 1989. Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of ......ing violated due to contract of sale of the licensed property, the government was perfectly justified in treating the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the suit is dismissed…………(7 ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ....... The Agreement between the allottee, respondent No. 2 and respondent No. 1, it was contended, was void and inoperative and as such there was no question of its specific performance. 3. Both the trial Court and the appellate Court concurrently found that the Agreement between respondent Nos. ..

Category: Property Law | Date: | Hits: 40

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)

....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......ing The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advoca......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... Board resolved to dismiss the plaintiff from service which was conveyed to him by the impugned memo dated 26.1.81. The suit was contested by the defendant bank. 3. The suit was dismissed in the trial Court but decreed in appeal whereupon the defendants took a revision to the High Court Divisio..

Category: Employment/Service Law | Date: | Hits: 98

Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)

....hery in his Lease Deed was in his interest and in the absence of any suggestion of enmity with anybody it must be held that the inclusion was made at his instance. As such his plea of innocence was rightly rejected. 6. As to the accused-Officer (appellant No.1), it appears that he did not take ......Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar River from Bhajandhi to Ni......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ment October 31,1989. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of 1898), section 342 The accused appellant did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 o..

Category: Criminal Law | Date: | Hits: 45

Abed Ali Vs. State, 1990, 19 CLC (AD)

....nd, therefore, it cannot in any manner be brought within four corners of the 1st Exception of section 300 of the Penal Code." We have, therefore, to proceed on the basis that the appellant has been rightly convicted for the offence of murder. Indeed we have accepted the concurrent finding of the t...... Judgment February 25, 1990. Result: The appeal is dismissed. The Penal Code (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calcula......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......ng circumstance for passing the lesser sentence of imprisonment for life instead of death under section 302 of the Penal Code. 2. The condemned-prisoner Abed Ali along with four others were put on trial in Sessions Trial Case No.58 of 1985 to answer a charge under sections 302/34 of the Penal C..

Category: Criminal Law | Date: | Hits: 65

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ocedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding th......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......�……..…………………..Respondent Judgment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 o..

Category: Criminal Law | Date: | Hits: 52

Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)

....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......f execution of the decree appealed against in a first appeal, namely F.A. No. 81 of 1989. 2. Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for recovery of Tk.1.91 lacs from the appellant-defendant alleging that he had taken business loan......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ...... at the rate of 3%, within six months, but on the expiry of this period the amount was not repaid in spite of repeated takids. The transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been challenged in ..

Category: Civil Law | Date: | Hits: 117

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....and by partition of the joint family homestead by metes and bounds. 3. Defendant-respondent Nos. 1 and 2 filed a joint written statement contesting the suit. They contend that the appellant has no right, title and interest in the suit land. Surya Kumar alone obtained settlement of the suit land......lant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of title by settlement. The trial Court found that the case of settlement has not been proved, but it conferred' title on the ap..

Category: Tenancy Law | Date: | Hits: 169

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......Record-For the Petitioners Dr. Kazi Akter Hamid, Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......re Praying for temporary injunction against the defendant restraining them from entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The trial court by order dated 9.11.2002 issued notice upon the defendants and ad-interim injunction w..

Category: Property Law | Date: | Hits: 48

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....y established the fact that by Ext.1 Tofazzal acquired title in the land of schedule 'Kha' and 'Ga' that Ext.3(a), certified copy of the rent decree, also shows that Tofazzal Hossain exercised his right and title in respect of the land of khatian No.28 i.e. land of the 'Kha' schedule, that evide...... 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' o......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......orementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' of Mouza Sonatala and as regard the land of schedule 'Kha and 'Ga' of Mouza Sandalpur. 2. The trial Court decreed the suit in respect of the land of 'Ka' schedule and dismissed the suit as rega..

Category: Property Law | Date: | Hits: 67

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....ing that the tribunal "also take cognizance of any offence under Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995" and gave "direction upon the learned Tribunal to follow it at the right earnest" and hence is this petition. 4. In support of the petition, Mr. Md....... Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......d under Sections 9(1) and 10 read with Section 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and after investigation charge sheet was submitted accordingly and the case being sent for trial the learned Judge of the Tribunal framed charge against the accused petitioner and others un..

Category: Criminal Law | Date: | Hits: 52

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......spondents Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passe......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......rent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983). The learned Judge of the Special Tribunal Number 2, Khulna framed charge under section 6 of the Ordinance No. LX of 1983. In course of trial the prosecution examined 12 witnesses and the defence examined none. Defence case was that Mo..

Category: Procedural Law | Date: | Hits: 100

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ...... instructed by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......harge sheet was submitted on 30.4.1995 against the petitioners and others under Section 4(b) (c) and Section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983.The Case being sent for trial the accused petitioners were allowed bail. The Tribunal fixed 06.09.1998 for hearing as to fr..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not Represented-Respondent. Criminal Petition for Leave to Appeal No. 207 of 2003. (From the Judgment and Order dated 03.08.2003 passed b...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......ormation Report on the basis of which Uttara P.S. Case No.32 dated 13.03.2000 was started against the accused respondent and after investigation charge sheet was submitted. The case being sent for trial, the learned Judge, Nari-O-Shishu Nirjatan Damon Bishes Adalat-2, Dhaka convicted and sentenc..

Category: Criminal Law | Date: | Hits: 34

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