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Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......002. According to him, Court below will be liable for disobedience to the above direction of the High Court Division and, as such, accused appellant will be entitled to get bail in this appeal which, according to him, must succeed. 6. Learned Assistant Attorney-General from copy of first info...... AFM Abdur Rahman J Harun‑or‑Rashid………….Appellant Vs. State ……………………………Respondent Judgment November 19, 2003. Case Referred to- Drigraj Kuer Vs. Amarnath Singh AIR 1960 SC 444. Lawyers Involved: Forhad A......m the receipt of the said order on 6‑3‑2003 will not create any right to the accused Harun to be entitled to get bail disregarding the allegation and overt act against him in the record. Court of law must act upon materials on record to decide the question of granting or non-granting of bail to ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ination are: i. Whether awarding of conviction and sentence upon condemned prisoners and convict-appellants can be sustained on evidences, materials on record, and in safe dispensation of criminal justice, and ii. Whether all the condemned prisoners and convict‑appellants can be fastened wit......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......tate………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- Begu Vs. Emperor, AIR 1925 PC 130; Md. Anwar and another Vs. State, PLD 1956 SC 440, Md. Yaku......ad been installed on acceptance of fees of change, PW4 Sk Modasser Hossain, a seizure list witness to seizure of petition filed in respect of change of telephone number, PW5 Md Kamrul Islam, son-in-law of PW 36 Hashem Ali Molla who testified that his father‑in‑law(PW36) laid bare that Fatik we..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
.... of the income of the suit property unless a receiver was appointed for collection of rents and profits of the suit property and for keeping the accounts. It was therefore prayed that for the ends of justice and management and protection of their share, the appointment of a receiver was necessary. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......d. Abdur Rashid J S Rahman Miah J Ali Akbar (Md) and others...............Appellants Vs. Sakina Begum and others..............Respondents Judgment August 24, 2002. Cases Referred to- Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97; Md Musa and others Vs. Tajul Islam, 38 DLR 134 ......pugned order and Mr. AKM Enamul Huq Advocate was appointed receiver at a remuneration of Taka 5,000 per month. 4. Mr. Mahmudul Islam, learned Counsel, assailed the order on various grounds both on law as well as facts. He submitted that the plaintiffs and defendants are full brothers and sisters,..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......ecame acquainted with the accused‑petitioner Md Nizam Khan, e proprietor of Dignity Fabrics and due to such acquaintance the accused‑petitioner made proposal for business transaction with him and accordingly, an agreement was entered into in between him and the accused‑petitioner on 5‑5‑19......Ali Asgar Khan J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- Md. Asaduzzaman Vs. Md. Salamutullah, 1999 BLD 461= 52 DLR 530; Dewan Obaidur Rahman Vs. Stat......business transaction in between the parties and the offence, if any, is of civil liability for which no criminal proceeding would lie and, as such, the proceeding being an abuse of the process of the law and Court is liable to be quashed. 4. The learned Advocate for the opposite party No.2 compla..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....ourt‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate for the petitioner submits farther that in the instant case ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......mad and others.........................Petitioners Vs. Md. Gafur and others................................Opposite Parties Judgment August 12, 2003. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara B......upon making all enquiry as contemplated under section 8C of the Court‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advo..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....used-appellant. Appellate Division, thus, sent the appeal to the High Court Division to consider the case on merit and to pass whatever order or orders it might think appropriate in the interest of justice. 45. In State Vs. Abul Kalam, 5 BLC 230 one Abul Kalam stood convicted for offence of sec....... The third branch of contention made headway is that discrepancies and contradictions occurred in testimonies of prosecution witnesses and accused‑appellant is entitled to benefit of doubt and be, accordingly, acquitted. Support for this contention has been sought to be drawn from Nurul Islam and......q J SM Hossain J Shibu Pada Acharjee...................Convict-appellant Vs. State …………………........................Respondent Judgment March 30, 2003. Cases Referred to- Asiman Begum Vs. State, represented by Deputy Commissioner, 51 DLR (AD) 18; State Vs. Abul Ka......intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same being commission of rape on a young girl aged about 18 years by a student studying law taking undue advantage of fiduciary capacity as father of victim girl left her in care and custo..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188....... x 2/3” on the left middle in quinal region. iv) Cut injury measuring 1½” x ½” on the right lateral middle arm. v) Cut injury 2” x ½” on the posterior left arm. Death of Mobfer, according to PW 10, was due to shock and haemorrhage as a result of the injuries on his body, which ......nt dated 5-6-91 passed by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a fu......es direct overt act of the accused sharing a common intention for the commission of the offence, under section 149 of the Penal Code it is essentially a vicarious liability for being a member of an unlawful assembly with the common object of committing the offence. In the facts and circumstances of ..Category: Criminal Law | Date: | Hits: 52
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......eputy Commissioner or a Joint Deputy Commissioner and such other persons as may be appointed by the Government to perform all or any of the functions of a Deputy Commissioner under the Ordinance and, according to the learned Advocate for the petitioner, the respondent No. 2 Assistant Commissioner (l......oner, (Land) Jagannathpur, District Sunamganj …… Respondent
Judgment
August 11, 1998.
Lawyers Involved:
Tabarak Hossain, Advocate — For the Petitioner.
AM Aminuddin, Assistant Attorney-General with Md. Mahbub Ali, Advocate — For Respondents.
Writ Petition No. 84 of 1994.
......sioner, Land, Jagannathpur, District Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, th..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ...... Lawyers Involved: Ozair Farooq with Md Aminul Islam, Advocates -For the Petitioners. Prabir Halder, Advocate‑For Informant‑Opposite Party No. 2. Sheikh A Awal, Deputy Attorney‑General‑For the State‑Opposite Party. Criminal Appeal No. 4298 of 2003. J......d. Even informant's minor daughter and elderly woman were not spared and subjected to dragging for sexual harassment. 4. It appears that Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is a special law which has been enacted to curb the crimes on repression of women and child with a heavy hand. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......) of the Code of Criminal Procedure and, as such, the learned Senior Special Judge, Sunamganj was not in a position to take cognisance on the basis of complaint petition filed by Shashi Mohan Das and accordingly, Rule was obtained. 4. None appears to represent the petitioner when the case is ......……….Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment February 23, 2004. Cases Referred to- Sadat Ali Talukder (Md) @ Md Sadat Ali Vs. State and another 4 BLC (AD) 228; Shahera Khat......al Procedure on the ground that function assigned to a revenue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are undertak..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....e Code of Criminal Procedure relates to search of house where the stolen property, forged documents, etc, are kept hidden. So, it is necessary to prevent abuse of the process of law to secure ends of justice, even before cognisance has been taken. In support of this contention, the learned Advocate ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......………………..Petitioners Vs. Munira Mostafa and another………………………………………Opposite Parties Judgment March 21, 2004. Cases Referred to- Qari Habibullah Belali Vs. Capt. Anwarul Azim 40 DLR 295 & Syed Mohammad Hashem alias......talak. The complainant also instituted CR Case No. 671 of 2001 under the Dowry Prohibition Act and Nari‑O-Shishu Nirjtatan Case 328 of 2001 for unnecessary harassment. Since the Magistrate has no lawful authority to issue search warrant for the purpose of making recovery of gifted articles from ..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Referred to-
Sati Prasanna Mukherjee and others Vs. Md. Fazel, AIR 1952 Cal 320.
Lawyers Involved:
D......e instalments. Plaintiff had no title or interest or right in the suit plot.
8. Defendant No.7 adopting the case of defendant Nos. 1 to 5 stated that after payment of the instalments he became the lawful owner of the suit plot. In order to deprive him, the plaintiff instituted the suit on false c..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....ould be abandoned. Choice should be left with the Court to decide how it should proceed in the facts and circumstances of a case. No hard and fast rule should be prescribed since it would not advance justice, ultimately. 31. We find the learned Subordinate Judge took the view that at the time of ......s made a prayer for chemical examination of the documents with specific allegation of eraser of the endorsement on the back of the documents. Therefore, we find no substance in this petition which is accordingly dismissed." 20. Lastly, in the case of Ishaque Vs. Ekramud Haque Chowdhury, 54 DLR (A...... Miah J Monju Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Mo......date the application was heard and rejected by the impugned order. Hence, the Rule. 3. Mr Khijir Ahmed, the learned Advocate for the petitioner, submits that the learned Subordinate Judge erred in law in rejecting the application mainly on the ground that the court could have compared the signatu..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......urt concurred with the High Court and expressed them, "the market value is to be assessed in accordance with the state of law as it prevails where the dispute is referred to the arbitrator and not according to the law as it stood when notices under section 5(1a) of the Act were issued." 35. In......iah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Ga......or Advocate, challenged the order on various grounds. 13. He submitted that when the gazette notification was published on 31‑8‑2000 finally acquiring the land, the learned Arbitrator erred in law in not determining the price of the land with reference to the date of such notification only. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....used side was not in any way prejudiced by the examination of those witness. (iv) The witnesses were formal official witnesses and their examination was found to be necessary to secure the ends of justice. (v) Under the section the Court is empowered to issue summons and examine a witness even......ing action on the petition under section 540 of the Code of Criminal Procedure. Secondly, the tribunal actually did not dispose of the petition expressly either by allowing or by rejecting it. So, according to him, it is to be presumed that the prayer was rejected. Thirdly, the name of these t......ury J Zinat Ara J Tofail Ahmed alias Joseph………Petitioner Vs. State ………………………………… …….Opposite Party Judgment February 11, 2004. Cases Referred to- Nazrul Islam alias Montu Vs. State, 4 BLC 273; Nazrul Islam Vs. State, 27 CWN 675; Natabar Gh......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......ur forwarded it to the local police station at Mathbaria to register the complaint petition as a first information report in terms of section 156(3), Code of Criminal Procedure and held investigation accordingly. 4. On conclusion of investigation into the case police submitted charge‑sheet agai...... AFM Ali Asgar J Matiur Rahman (Md)..............................Petitioner Vs. Nuru Sikdar and others.................Opposite Parties Judgment November 9, 2003. Cases Referred to- State Vs. Md Shafiqul Islam, 40 DLR 310; Nannu Gazi Vs. Awlad Hossain and others, 43 DLR (AD)......omplaint, statements of witnesses recorded during judicial inquiry, report of inquiry officer and medical certificate, if produced. The learned Magistrate will hear the defence and can also apply the law to the criminal acts to find whether there is a prima facie case. He can discharge the accused o..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....lants submits that the accused‑appellants in the petition under section 540 of the Code of Criminal Procedure had mentioned the proposed questions to be put to the PWs 1, 2, 5 and 6 for the ends of justice but the court below without considering the judicial aspect of the prayer whether it is esse......stigating Officer may be required to be drawn and, as such, he should also be recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......med J Kazi Ali Zahir alias Elin and others........Appellant-Petitioners Vs. State..............................................Opposite Party Judgment April 11, 2004. Cases Referred to- Hemayetuddin @ Auranga Vs. State, 1994 BLD (AD) 9 =46 DLR (AD) 186; Mohiuddin Howlader Vs. St......dence and also after examination of the accused‑appellants under section 342 of the Code of Criminal Procedure there was no scope for consideration of the aforesaid petition which is not tenable in law. 3. Being aggrieved by that order the accused-appellants have preferred this appeal. 4. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....rty and hence earned wrath of the Member elected from the ruling party who also became a Hon'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a view to ......ellation of the licence and nothing appears on the face of the impugned order that the licence has been cancelled as it has been considered necessary for the security of the public peace inasmuch as, according to the learned Advocate, the petitioner is a bona fide businessman and a political worker ...... Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170. Lawyers ......tioner's licence to possess arms and ammunition and seizure of the petitioner's .22 bore rifle being No. 478923 and 100 bullets by the respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect. 2. In the application it has been stated that the pet..Category: Criminal Law | Date: | Hits: 63
....n of the petitioner’s union; that so notice to show cause was served upon them nor was there any enquiry held in their presence and accordingly, the order passed is against the principle of natural justice; that the finding of the Second Labour Court that the petitioners membership fell below 30% ......r in order to prove its case examined one witness and wanted to examine further witnesses but that was not allowed by the Chairman, Second Labour Court, Dhaka.
6. Judgment was delivered on 8-10-92 according permission to respondent No.2 for cancellation of registration of the petitioner.
7. Th......dhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involved:
Md. Khalilur Rahman with Mahbubul Hoque and Afsar Zahan, Adv......ition and the judgment and order dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmachari Union is..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......earched the jute and sugarcane fields near Chandihara Bazar and found the dead body of his daughter in a sugarcane field. This witness was subsequently informed about the occurrence by his father and accordingly, he returned home and having found the dead body of his daughter in the sugarcane field ...... Md. Joynul Abedin J AKM Fazlur Rahman J State..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 D...... the condemned prisoner has the requisite intention to murder Jannati the impugned order of conviction and sentence of the condemned prisoner under section 302 of the Penal Code is not sustainable in law. 8. Mr. Golam Kibria, Deputy Attorney-General, appearing with Ms. Snigdha Huq, Assistant At..Category: Criminal Law | Date: | Hits: 54
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