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Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....rch 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence……&helli......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......13 January 1979, investigated the case and submitted charge-sheet against six persons including Sattar Mir and Amir Hossain charging them with the murder. In due course all of them were put on trial before the learned Additional Sessions judge, who after rejecting the defence plea of innoce......llip;…………. (8,10) Cases referred To- Bhuboni Sahu vs. The King, 76 Indian Appeals, 147; Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89; Md. Bashir V The State, Supreme Court Monthly Repo..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....al Code against the accused. Some drugs and medicines were seized from the shop of the petitioner. Police filed an application for proclamation and attachment of the property of the son of the petitioner. The petitioner himself was arrested on 23-6-84 and was granted bail which, h......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... as to why the Kushtia Police Station Case No.19 (6) 84 S.G R. No. 3 of 1984 pending in the Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. ......s. The State..................Respondent Judgment April 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be t..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....imited company, purchased the entire assets of the defendant company in 1959 and was, therefore, joined as a defendant in the suit. 3. On 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 Marc......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......High Court decreed the suit. An appeal, being Appeal No.11 of 1967, was filed by the petitioner before a Division-Bench of the Dhaka High Court which allowed the appeal upon setting aside the trial court's judgment and decree. Plaintiff-respondent No. 1 obtained leave from this Court t......dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....nt December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination before the Trial Court is whether there ha......question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no necessity for seeking the protection of s...... may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no ne...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground to disbelieve the eye-witness. Conviction in the absence of charge Al......ing of the house and some of them namely, Joynal Abedin, Sobhan, Wadud, Ramjan and Anwar assaulted Aftabuddin inside his house with lathis and other weapons causing multiple injuries. A doctor was called in from Gaibandha town who advised immediate removal of the injured Aftabuddin to the hospit......onable ground to disbelieve the eye-witness. Conviction in the absence of charge Although no charge was framed against the accused appellant under section 304 of the Penal Code, the trial Court convicted him along with others under section 304 of the Penal Code on the basis of the......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Joynal Abedin and others...........Appellant Vs. The State ………&he..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....). Judgment Md. Ruhul Amin J.- This appeal, by leave, is from the judgment and order dated August 31, 1997 passed by the High Court Division in Writ petition No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of ......hman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties without making any arrangement for its management and possession, that the so called deed of agreement was executed by Mr. Wali Mohammad through his attorney Abdur Rahman sitting...... October 20, 1971 for consideration to be paid in several installments, out which a part was paid. In accordance with the said agreement the appellant was put into possession of the assets and industrial unit of the Pakistani Company at Chittagong. In pursuant to the agreement transfer could not......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....rsquo;s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliame......ot, whether respondent Nos. 3-5 are persons within the meaning of Article 102 of the Constitution or not, as to whether the continuous absence from Parliament without leave of the Parliament can be called in question by the petitioner or not". 16. As to locus standi of the writ petit......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....ffence is punishable only with fine, by any of the three methods, such as by issuing Distress warrant or by referring the matter to the Collector of the District or by committing the offender to prison…………..(7) The Courts while sentencing a person to fine ...... Shahabuddin Ahmed J.— In this appeal by special leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. The main question is whether the act and conduct of the accused persons, even i......that condition and submitted a report alleging that by such shouting, screaming and menacing gestures, they obstructed and annoyed passengers in the street, and in due course they were put on trial before a Magistrate, 1st Class on this allegation which is an offence under section 79 of the...... the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....General, instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No.1 of 1984. (From the judgment and order dated 24.5.83 passed by the High Court Divison, Jessore Bench, in Death Reference Case No. 2 of 1982). Judgment Chowdhury ATM Ma......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......sed by the Additional Sessions Judge, Jessore, in Sesions Case No. 21 of 1980 and affirming the order of conviction. The appellants along with acquitted co-accused Ali Hossain were placed on trial before the Additional Sessions Judge, Jessor, on a charge under section 302/34 of the P...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State…&hellip..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....tatement it was stated that Jogesh Chandra Das, a senior Pleader of Sylhet, having suffered a stroke of paralysis left for Calcutta for better treatment. During his illness he incurred some debt. As he was required to clear off the debts he transferred his residential house along wit......President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:— 1. (1) This Ordinance may be called the East Bengal State Acquisition and Tenancy (Fourth Amendment) Ordinance, 1961. ......laintiff's money suit. He, therefore, acquired a lawful interest in the suit properties. After purchase he constructed a pucca boundary wall which was not in existence before his purchase. The trial Court dismissed the suit on finding that Ext. A, the kabala executed by Jogesh Chandra Das i...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ower requires to be exercised only in furthering the ends of justice. If a party competent to file a cross-objection under Order XLI rule 33 of the Code of Civil Procedure has not done so cannot be said that Appellate Court can under no circumstances give him the relief under the pr......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ngia transferred 1.33 acres of land of Schedule Kha and also 91½ decimals of land out of Schedule Ka; that the plaintiffs are not entitled to get the lands as claimed by them. 4. The trial Court decreed the suit giving the plaintiff a share amounting to 2.82 acres. On appeal by th......dgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....e station Case No. 3 dated 06.04.1998 corresponding to G.R. Case No.39 of 1998 rejecting the criminal reference and dismissing the criminal appeal with modification altering death sentence to imprisonment for life. 2. The facts, in short, are that one Md. Ishaque, the father of the deceas......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......ness No. 7 in the charge sheet. 5. After receipt of the charge sheet, the Magistrate transmitted record of the case to the court of the learned Sessions Judge, Chittagong for holding trial. On receipt of the record of the case, the learned Sessions Judge, Chittagong registered and ......;………..Respondent Judgment October 12, 2008. Lawyers Involved: Probir Haider, Advocate (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondent. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, namely Abbas Ali, alias Boga. The assailants gave him stab injuries causi......ution case, in brief, is that on the night following 19.09.1998 Mozammel Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, ......atter to the informant Md. Abdul Quashem, a member of the local Union Parishad. The informant then lodged the F.I.R. 3. Police on completion of investigation submitted charge sheet. The trial Court on consideration of the evidence and other materials on record convicted and sentenced ...... by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 wi..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
.... of 2003 and Jail Appeal No. 64 of 2003 rejecting the death reference of convict respondent Md. Jalal Miah and another and dismissed the said appeals with modification of sentence of death to imprisonment for life. 2. The prosecution case, in short, is that the informant, a cousin of dece......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ...... The learned Sessions Judge, Brahmanbaria framed the charge against the accused respondents under Section 302/34 of the Penal Code and the prosecution examined 15 witnesses in the case in the trial including the mother of accused Nazma Begum and after considering the evidence on record the ......ate………………………………………………….Petitioner Vs. Md. Jalal Miah and another………………………Respondents ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....sions Judge, 1st Court, Khulna passed in Sessions Case No. 29 of 1988 convicting the petitioners along with others under section 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life with a fine of Tk. 2000/- each in default to suffer rigorous imprisonment for......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......hock the informant lodged FIR on 28.02.1988 at about 5 P.M. The police, after investigation, submitted charge sheet against the petitioners and others under section 302/34 of the Penal Code. At the trial the prosecution examined 13 P.Ws. and the defence examined none. The defence case was that o...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petition..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....e the Death Reference under Section 374 of the Code of Criminal Procedure submitted by the learned Additional Sessions Judge, Brahmanbaria for confirmation of sentence of death of the condemned prisoners (1) Chan Miah and (2) Bashir Miah and a Jail Appeal preferred by Md. Bashir Miah agains......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......gistrate, 1st Class where both the accused persons made confessional statement which are mutually consistent with each other and ultimately police submitted a report with a recommendation for trial of these two accused persons for committing the offence punishable under Sections 302/34 of t......volved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the Respondent. Jail Petition Nos. 20 And 21 of 2007. (From the judgment and order dated 13.08.2007 and 14.08.2007 passed by the High Court Division in Death Reference No...Category: Criminal Law | Date: | Hits: 41
....ience is not in their favour and they were not entitled to an order of injunction etc. The defendants' further case is that they have been running their "Maxi Service" obtaining oral permission and also with the consent of the District Administration providing improved service to all classes of pass......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......oral permission and also with the consent of the District Administration providing improved service to all classes of passengers investing huge amount of money for buying the vehicles etc.
4. The trial Court rejected the application by judgment and order dated 10.4.2008.
5. The plaintiffs pr......ed in: VI ADC (2009) 330.
..
Category: Civil Law | Date: | Hits: 118
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 20.07.2008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction......e-ul Huq, learned Counsel, appearing for the respondent No.1 submitted that the initiation and continuation of criminal proceeding against the respondent No.1-writ-petitioner was unwarranted, uncalled for and malafide; that in the reports dated 20.07.1997 and 31.01.2003 submitted by the erstwh......en controverted by filing affidavit-in-reply by the writ-petitioner; that the respondent No. 1-writ-petitioner failed to satisfy the Court by filing affidavit regarding the latest position of the trial Court and a duty is cast upon the respondent No. 1-writ-petitioner to file a specific statemen...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
.... Karim J. - This petition for Leave to Appeal is directed against the judgment and order dated 27.05.2007 passed by the High Court Division in Civil Revision No.5457 of 2002 making the Rule absolute-in-part reversing the judgment and decree dated 20.08.2002 passed by the Additional District......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......te further submitted that the ex-landlord got the Touji Register prepared in respect of acquired estate for the compensation assessment roll and the same can not remain with the landlord; that the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants ar......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
.... Unnayan Kartripakkha passed a revised plan under Memo No. RAJUK/NAA3-C/1678/96/2275 dated 23.09.1998 approving the market as a 4(four) storied one. 4. In the revised plan there were also no provisions for car parking space. Even then the market authority maintained car parking ......ounsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. In view of the facts and circumstances of the case no leave is called for, however, since admittedly the petitioners are tenants under the respondents and since i......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition..Category: Property Law | Date: | Hits: 38
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