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State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....cumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower Court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have ......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......esent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J State.....................................Appellant Vs. Abdus Salam and others……………Respondents Judgment April 29, 2015. ..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)
....ners are defaulters in payment of rent or not which is the subject matter of the said Rent Control case. In any event, in a suit of this nature the plaintiffs are entitled to get the reliefs, as sought for. 19. By the way, it may be mentioned that the Court while deciding application about......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 ......se is also Reported in: 67 DLR (HCD) (2015) 317. ..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)
....ance of the proceeding would be abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed……(45) Non implicating any person as accused in a proceeding cannot be a ground for quashing the proceeding of the charge-sheeted ......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...... Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…………….Petitioner Vs. A A M Habibur Rahman and anothers..........Respondents Judgment April 12, 2015. Result: All the petit..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
.... in a nutshell, are: The prosecution case, in brief, is that accused Md. Hafiz Ibrahim was an influential parliament member elected from Bhola-2 constituency in 8th National Parliament. He was also a member of the Parliamentary Standing Committee of Ministry of Planning and Ministry of Informat......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 ......ent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result:..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
.... Article 47A (2) of the Constitution, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One o......t distinctively clear in the appellate judgment that there were de-facto local leaderships at all areas. This finding of fact discloses no error. We can therefore put no reliance whatsoever on the so-called interview. DEATH PENALTY 40. On Mr. Khandakar’s philosophic submission that d......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 ......of Abdul Quader Molla Vs. The Chief Prosecutor, it was held that because of the protective provisions power of the Appellate Division may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article 47A (2), under rule ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ip;…… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the ven......condition that on such payment being made the sale shall become void, or On condition that on such payment being made the buyer shall transfer the property to the seller. the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale. provid......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...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment March..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....n 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’ for dowry and in ...... house of the accused. Sometime thereafter, the accused again tortured his daughter for dowry and sent her to his (the P.W.) house. Thereafter, the P.W., after arranging some money, on 25-8-2000, had called for the accused through his sons, they came to his house in the morning of 26-8-2000. In pres...... 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......(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’ for..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
.... barred by limitation. The pre-emptors filed Civil Revisional application in the High Court Division and obtained rule. The High Court Division by the impugned judgment and order made the Rule absolute holding that the application was not barred by limitation. Then, the pre-emptee filed th......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......10. ..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)
....ry of the alleged illegal transaction which was allegedly done in connivance with the accused 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...... 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......na J Syed Mahmud Hossain J Ali Haider Chowdhury…………………………. Petitioner Vs. State, represented by the DC, Dhaka and another………….Respondents Judgment February 11, 2015. R..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....মামলা (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 Commis......vided that initiation of a proceeding must be conducted by the Anti-Corruption Commission by investigating into the fact and filing a charge-sheet thereof, as such, no interference from this court is called for. The learned Advocate further submits that the impugned proceeding has been correctly con......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...... DLR (HCD) (2015) 320 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
.... of a deed of assignment dated 30-12-2003 .given by Raj Kumar Agarwala in his favour. The petitioner, Shohan Kumar Agarwala, proprietor of M/s Petro Products, Dakhin Bargacha, Station Bazar, Natore also applied for registration of the same trade mark 'Dulhan' in 2004, i.e. long 7 years after......ed the application for registration by filing forged and false documents and the High Court Division also accepted the said finding of the Assistant Registrar. Therefore, no interference is called for with the impugned judgment and order.
8. From the order of the Assistant Registrar a......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
......Md. Imman Ali J
AHM Shamsuddin Chowdhury J
Sohan Kumar Agarwala....................Petitioner
Vs.
Assistant Registrar, Department of Patents Designs and Trade Marks and
another................Respondents
Judgment
February..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....e Ain, are distinct offences and that no notice is required by the Commission for prosecution of an offender in respect of an offence punishable under section 27 of the Ain. The respondent was also found guilty under section 5(2) of Act II of 1947 and for prosecution of that offence no notice i......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...... Syed Mahmud Hossain J Hasan Foez Siddique J State………………………….Petitioner Vs. Engineer Monjurui Ahsan Munshiand another……………………….Respondents ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....petitioners under section 394 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 10(ten) years and pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 6(six) months more. 3. The relevant facts, for the disposal of the petition, i......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......vision (Criminal) Present: Md. Abdul Wahhab Miah J Md.lmman Ali J Hasan Foez Siddique J Jahirul Haque and another................Petitioners Vs. State......................................Resp..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
.... Bangladesh Ltd and 21 another ........Petitioner Vs. National Board of Bangladesh.............. Respondents Judgment December 15, 2014. Result: All the Rules are made absolute. Value Added Tax Act (XXII of 1991); Sections 26(Ka), 35 and 36 The Value Added Tax......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......5) 73 ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....es of Transactions—
Section 129 of the Contract Act, 1872 defines continuing guarantee as a "guarantee which extends to the series of transactions". Section 133 of the same Act also provides that"any variance made without the surety's consent, in the terms of the c......ut did not repay the loan. Thereafter, under the provisions of section 12 of the Ain, the bank on 12-10-2011 published auction notices in the national Daily Sangram newspaper and in a local newspaper called Daily Chandpur Diganta. In response to the said auction notice the defendant No. 2 and two ot......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...... is also Reported in: 67 DLR (HCD) (2015) 218
..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....dous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The Rule is made absolute. Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah Eastern Ltd Vs. Bur......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ...... 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......bsp; Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....h Telecommunication Company Limited (BTCL) and others..............Respondents
Judgment
December 4, 2014.
Result:
The Rule issued in Contempt Petition No. 2 of 2014 is made absolute-in-part.
The Suo moto Rule No. 2 of 2014 is discharged.
Constitution of Bangladesh,...... should be an admission as to the Commission of Contempt—
In contempt cases courts have never accepted the apology of a person who does not admit that he has committed any offence. What is called unconditional apology necessarily means that there should be an admission as to the commissio......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......
Md. Rezaul Hasan J
Oxinel Services Pte. Ltd……………...Petitioner
Vs.
SOM Kalimullah, MD, Bangladesh Telecommunication Company Limited (BTCL) and others..............Respondents
Judgment
December 4, 2014.
Result:
The Rule ..
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)
.... 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 Directory in Natur......ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......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)
....p;…….Accused-Petitioner Vs. State and another………….........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 Co......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......t Division (Criminal Revisional Jurisdiction) Present: ANM Bashir Ullah J Shariful Alam (Babu) (Md.)…………….Accused-Petitioner Vs. State and another………….........Opposite Parties Judgment December 2, ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....i Vs. Province of West Pakistan, 22 DLR (SC) 203; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111;Captain (Retd) B. Akram Ahmed Khan Chowdhury Vs. Bangladesh Oil, Gas and Mineral Resources Corporation; 14 MLR (AD) 81 = 11 LC (AD) 135, Bangladesh Biman Corporation Vs. Lt. Col. (Ret......os. 31, 32 of 2012 respectively and made the Rules Nisi absolute in Writ Petition Nos.1161 and 296 of 2011 giving rise to CA Nos.33 and 34 of 2014 found the section intra vires. Therefore, we are not called upon to dwell upon that moreso, no leave was granted as to the constitutionality of the secti......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J Government of Bangladesh and others………..Appellants (In all the appeals) Vs. Md. Mojibul Haque ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
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