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State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
.... prosecution story. 10. On the other hand, Khandaker Mahbub Hossain, learned Senior Counsel appearing on behalf of the respondents, submits that the High Court Division scanning all the evidence rightly acquitted the respondents from the charges. There is no error in the judgment and order of t......se is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse.......(22) Lawyers Involved: Momtazuddin Faki......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......orded as Golapgonj Police Station Case No.2 dated 4-2-1992. 4. The police after investigation submitted charge-sheet against 34 persons including the respondents. 5. The accused were put on trial in the Court of learned Additional Sessions Judge, First Court, Sylhet who framed a charge und..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ance in the suit and filed written statement contending that the plaintiffs have no locus standi to file the suit for permanent injunction against the defendant-landlord. The plaintiffs have no legal right to stay in the suit premises in question without any contract, who created a false cause of ac...... This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ...... the tenancy between the parties is still subsisting and, as such, the application filed by the defendant under Order VII, rule 11 of the Code of Civil Procedure is liable to be rejected. 6. The trial Court after hearing the parties by its order No. 8 dated 26-4-2011 rejected the plaint on the ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......ur Rahman and anothers..........Respondents Judgment April 12, 2015. Result: All the petitions are disposed of. The Criminal Procedure Code contains a detailed Procedure for Investigation, Charge and Trial—Requirement of the High Court Division while Exercisi......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......ering of the application under section 561A of the Code the High Court Division will not take into consideration of the defence papers..... (49) It would be unnecessary delay in holding the trial of the cases, if leave is granted....... (50) Case Referred to- State Vs. Lilun Naha..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......d by Mahmuda Begum, Advocate-on-Record—For Respondent No.1 . Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.2. Criminal Petition for Leave to Appeal No.186 of 2014. (From the judgment and order dated 20-2-2014 passed by the......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......s in accordance with the law." 15. The learned Special Judge, Special Court No.3, by order No. 40 dated 30-4-2014 communicated the judgment and orders of the High Court Division to the trial Court as well the Anti-Corruption Commission. Even after receipt of the judgment and order of ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....ce of the record. Power of review is not an inherent power A review in a criminal matter can be made on the ground of an error apparent on the face of the record. A review does not confer a right in any way to a litigant. It is now well settled that a review of an earlier order is not perm...... statutory provisions. As the doctrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but des...... 2014 compared with the previous year and that during that year at least 2466 people were sentenced to death worldwide. 74. There are countries, like Malaysia, where also democratic order is now fairly trenched, death sentence is mandatory for murder. Belarus is an European country that maintai......ffence. He did certainly not insulate those who were accused of criminal offences during the liberation war period. As a matter of fact by dastardly killing him the anti liberation forces delayed the trial of those guilty of Crimes Against Humanity............(90) AFFIRMING DEATH SENTENCE ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
.... moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the Court and payment of Court fees. But these provisions, however, do not take away right of redemption of mortgaged property available to a mortgagor by filing a suit for redemption&h........................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-lan......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......ing not barred by limitation and if it is found that the transaction is a sale with a condition to repurchase or it is past and closed one, the suit will be dismissed on the ground of limitation. The trial Court decreed the suit holding that the suit is maintainable but the lower appellate Court rev..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....e of the throat followed by pain on the throat and redness of the conjunctive of both eyes and respiratory distress caused by the manual pressure, 2. Haematoma on the upper part of the right chest caused by the blunt weapon. Size of the Haematoma about 1½”x1½&rdquo...... Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী&......r she was unable to follow her ordinary pursuits for the said period. So, the first expression is left only. And the question to be decided precisely is whether throttling of the victim, who was at a fairly advanced stage of pregnancy, can be grouped within the phrase 'endangers life'. ...... of 2006 dismissing the same. 2. Facts necessary for disposal of this appeal are that the appellant (hereinafter referred to as the accused) along with his father, Amanath Ullah Fakir was put on trial before Nari-o-Shishu Nirjatan Daman Tribunal No. 2, Lalmonirhat (hereinafter referred to as th..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....istrative justice and the exigencies of efficient administration. These principles were applied originally to courts of justice and now extend to any person or body deciding issues affecting the rights or interests of individuals where a reasonable citizen would have legitimate expectation......CD) (2015) 279
......pecial Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......mrunnessa Ratna, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record—For the Petitioners. Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. Civil Petition for Leave to Appeal No. 489 of 2015. (From the judgmen......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ...... who is a stranger purchaser. The pre-emptee petitioner contested the pre-emption case filing written objection contending, inter alia, that the application was barred by limitation. 3. The trial Court allowed the application for pre-emption. The pre-emptee petitioner preferred appeal. The..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......d named in the FIR and the charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the ...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......acie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the prosecution. By taking evidence the trial Court has to resolve disputed questions of fact whether petitioner had any role in the il..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......Trap Case) প্রস্তুত করিতে বা পরিচালনা করিতে পারিবেন।” There is no bar in catching red-handed any person by any law enforcing agency if the Commission has not been informed or assistance of Commissioner is not sou......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......he case was transmitted to the court of learned Special Judge, Joypurhat and cognizance was taken by the Special Judge by registering the case as the Special Case No. 2 of 2009 and fixed the case for trial on 17-5-2012 in the said court of Special Judge. 5. The present petitioners filed applica..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ......p;………….Respondents Judgment February 2, 2015. Result: The petitions are disposed of with observations and directions. No notice required for distinct offences Offences punishable under sections 26 and 27 of the Ain, are distinct off......t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ......y in filing the criminal petition is condoned. Since these petitions arise from a common judgment, they are disposed of by this order. 2. The respondent Engineer Monjurul Ahsan Munshi was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 4 of 2007, for offences punisha..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......d. Zahirul Islam, Advocate-on-Record—For the Petitioners. Biswajit Deb Nath, Deputy Attorney-General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 210 of 2012. (From the judgment and order dated 15-12-2011 passed by th......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......ion, submitted charge-sheet against the convict-petitioners and another under section 394 of the Penal Code. The case was sent in the third Court of Assistant Sessions Judge, Comilla for holding trial, who framed charge against the petitioners and another under section 394 of the Penal Cod..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
.... the Ordinance. For the convenience of our discussions, those are quoted below:-
“Article 2A. The State religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.”
“Sect......)
Judgment
January 11, 2015
Result:
The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favour of the department-re...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
.... the Ordinance. For the convenience of our discussions, those are quoted below:- “Article 2A. The State religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.” “Sect......) Judgment January 11, 2015 Result: The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favour of the department-re......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
....t. The protection given to the bank and the auction purchaser in section 12(8) does not override sections 12(1) and 12(3). This protection is only available when the bank has the legal right to sell the mortgaged property. ..(31)
Continuing Guarantee for Series of Transactions&md...... in section 12(8) does not override sections 12(1) and 12(3). This protection is only available when the bank has the legal right to sell the mortgaged property. ..(31)
Continuing Guarantee for Series of Transactions—
Section 129 of the Contract Act, 1872 defines continuing guar......oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......d the legal right to sell the mortgaged property as attorney of the plaintiff under the power of attorney dated 7-10-2003 which was executed against the loan taken in 2003 are to be determined by the trial Court upon taking evidence and scrutinising the terms of the relevant documents and trans..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
.... been paid by the former to the latter pursuant to the said agreement and it has been claimed by the plaintiff that as she has been in possession of the suit land since 1985, she has acquired a legal right thereto. However, since the claim as to the possession of the plaintiff has been denied by def......ite parties to show cause as to why the impugned judgment and order dated 23-7-.2012 passed by the learned Joint District Judge, 3 Court, Dhaka in Title Suit No.2447 of 2008 rejecting the application for addition of party under Order I, rule 10(2) read with section 151 of the Code of Civil Proc......bmits that since the payment for purchasing the suit property was made jointly by the present petitioner and the said proposed defendant to the lessee, his presence is required for effective and fair adjudication of the suit and, therefore the proposed defendant is a necessary party in the suit...... to as the CPC) for striking out his name from the plaint which was allowed on 22-1-2012 by Order No.51. Then, on 22-3-2012 the plaintiff No.2, the present-petitioner, filed an application before the trial Court for adding the former plaintiff No.1 as defendant No. 8 in the suit invoking Order I, ru..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....d. Once the order has been passed the accused contemners were bound to obey the same. The learned amieus curiae next submits, referring to Article 39(2) of the Constitution, that the fundamental right guaranteed in that article (regarding freedom, speech, expression and the press) is also subje......llip;…...... (28)
Accepted Rules in the special consideration of Justice in Relation to Contempt Cases—
The duty of a Judge sitting to punish the Court's own contempt, therefore, means to prevent and stifle any damage to public confidence in an important organ of the ......her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......ustice in contempt cases. It may be emphasized here that in this context when the Judge takes up the proceedings or acts in response to direct contempt the proceedings are not to take the form of the trial and the same may be concluded brevi manu which means "summarily". It is not thu..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....osecution examining as many as 15 witnesses in this case has been able to prove the charge as framed against the appellant and the trial Court being convinced of the evidences of those witnesses rightly found that the accused had received 19,000 kgs iron scrap in his custody but at the time of ......— Mere failure to return back any property from the legal custody of a public servant is not misappropriation unless and until it reveals that he had a intention to misappropriate the same for his personal gain...... (51) Time Limit for The Investigation of the Case is Simply Directo......of the misappropriation is iron scrap which are very much heavy in nature and 2,310 kgs iron scrap cannot be shifted from one place to another place keeping everybody in the dark connected with the affairs. From the evidence so far it appears that whenever any goods are kept in the customs godown, t......napole Port Police Station and lastly by P.W.15 Md Wazed Ali Gazi, Assistant Director, Durniti Daman Commission, Satkhira (hereinafter referred to as DUDAC) and eventually the accused was put on trial before the Special Judge, Jessore where the accused was invited to answer the charge under sec..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....;ever a cheque is drawn in favour of a person he enjoys a presumption that the cheque was drawn for some consideration but this presumption is a rebutable presumption. That is, the accused has a right to offer the evidence to prove that the said inference or presumption is not correct and the l......hellip;.........Opposite Parties Judgment December 2, 2014 Result: The rule is made absolute. Negotiable Instruments Act (XXVI of 1881); Section 118 Holder in Due Course for Consideration– Whenever a person will be holder in due course he must become holder i......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......used and processes were issued accordingly. The accused surrendering in the Court of Magistrate on 10-5-2010 sought bail and ultimately he was enlarged on bail and when the case became ready for trial the same was transmitted to the Court of Metropolitan Sessions Judge, Dhaka where the case was..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
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