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State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....e under section 374 CrPC read with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Ca......the main fact in relation to its constituent details; (ii) one which applies it to the details of such fact merely; (iii) one which applies it to the "surrounding circumstances" of some central fact, called, in contradiction, the "principal fact"; and (iv) one which applies it to the total whole com......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....peal setting aside the impugned judgment and order dated 18‑4‑2000 passed by the Administrative Tribunal Dhaka dismissing AT Case No. 114 of 1998 and setting aside the punishment of compulsory retirement passed on 27‑2‑1997 and thereby restoring the respondent to his former p......ing, inter alia, that he had no knowledge about the opening of more than one account in his name and he never committed any offence of temporary defalcation as alleged. Thereafter, the respondent was called for personal hearing at the office chamber of Post Master General. On appearance the responde......sent to the respondent. The respondent submitted reply to the allegations mentioning some irregularities and mistakes for which he was not responsible and the Government did not sustain any financial loss due to the alleged irregularities Had there been really any financial loss the same could have ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....on) Present: AK Badrul Huq J Md. Abu Tariq J State.............................................Petitioner Vs. Anjuara Khatun................................Condemned Prisoner Judgment February 17, 2004. ......asis of conviction. A Alim Vs. State, 45 DLR 43 has been referred to in support of said contention. 57. Disclosure of names of assailant by a person before his death whether written or verbal is called dying declaration. Principle of dying declaration is based upon Legal maxim "Nemo Moritu......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....on for leave to appeal is directed against the judgment and order dated 27‑11‑2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-1996 passed by the learn......n the circumstances we find that the High Court Division on correct assessment and upon due consideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....ellip;………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jai...... he did not try to flee away. 10. The prosecution has tendered Halima Aktar (P.W.5). In cross-examination, she stated that Nazrul is not related to her, that she is a neighbour, that he was called as "Pagla Nazrul", that sometimes he became completely mad and chased people that a...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
.... High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J Md. M Rahman Bhuiyan J State……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Ref......sts also in part on the veracity and competence of some other person. The evidence of those who do not know the person but have only heard of his reputation is 'hearsay' statement made by persons not called as witness are inadmissible to prove the truth of the matters stated, except when such statem......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Kha......6‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned prisoner and another and thereupon they were put on trial. The condemned prisoner was called upon to answer the charge under sections 302/326 and 307 of the Penal Code and the other accu......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....and another……………………………….Opposite Parties Judgment December 15, 2003. Result: The Rule is made absolute. Cases Referred to- AIR 1990 Calcutta 225; AIR 1974 (Delhi) 91; AIR 1959 Calcutta 5......d they resulted to a number of litigations but to no effect in the civil court and thus he has been compelled to file the instant application under section 46 of the Trade Mark Act, 1940 (hereinafter called "the Act"). In granting registration of the mark of the opposite party No.2 the pro......cording of trade mart registration in the aforesaid manner in favour of the opposite party No.2 has been causing immense hardship to the petitioner and they have been put to recurring heavy financial loss and they resulted to a number of litigations but to no effect in the civil court and thus he ha..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....ed possibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of law. ......................(7) ......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......he confiscated items are in custody of the law enforcing agencies. That if the defendants Nos. 1 and 2 are, allowed to continue the counterfeiting and piracy, the same will cost the plaintiff No. 3 a loss of business amounting to Taka 20 crore per year. In order to protect the brand name of the plai..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....invited sealed bids in four lots strictly in conformity with the Technical Specification provided. in the bidding documents in different size of bags; the invitation further stated that in the comparison of bids, ADB's Domestic Preference Scheme would be applied; in section III of the Instructions o.......3 of ITB and the discount is stated pursuant to clause 14.4, the question immediately arises as to when the discount will operate displacing the normal price quoted pursuant to clause 14.3. The so‑called "condition" of awarding contract of four lots is not a condition for the discount of 20% of t......er process or valuation thereof is transparent. With reference to Article 21 of the Constitution, he has submitted that a duty is cast on a citizen to protect public property inasmuch as to avoid the loss to the public exchequer. The learned Counsel has further submitted with reference to the decisi..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....kim J.-All these Rules concern common questions of law and are, therefore, being disposed of by this single judgment. 2. In all these Writ Petitions the petitioners have impugned the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, (Act No.LII of 1974).......s Registration Act, 1974 is as follows: 7. "Nikah Registrars: For the purpose of registration of marriage under this Act, the Government shall grant licenses td such number of persons to be called Nikah Registrars, as it may deem necessary for such areas as it may specify. 8. Provided...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
.... The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries. Survival of the victim for sometime after the injury was caused upon is not a ground for lesser sentence. The extent of brutal...... by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skidders called Monir (PW 3) to come to a meeting scheduled to be held on 16‑5Â-1999 between 9‑00 and 9â......bone. (ii) One lacerated wound on the left knee joint. 3.5" X 2"X skin depth. Fracture of the left fibula and patella bone. (iii) One cut wound on the right cubical lossa 3 " x 1 x bonny depth, cuts right radius and ulna and muscles and vessels. (iv..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
.... Death Reference No. 17 of 2001 Criminal Appeal No. 1019/2001 Jail Appeal No. 1059 of 2001. Judgment AK Badrul Huq J. - This Criminal proceeding by way of Death Reference and, also, Criminal appeal and Jail appeal puts on display a paradigm how father and mother betrayed the ca......icy touch of death. Revolting and beastly incident took place on 8‑12Â-1999 in the house of Md. Awal Fakir where Rehana Begum was taken on a visit in the absence of her elder sister Tara Begum who called on in the house of one of her relations. 3. Following commission of crime initially, an ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....;respondent-petitioners seek leave to appeal against the impugned judgment and order dated 8‑4‑2003 passed by the High Court Division in Writ Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance with law...... basis of the claim of writ‑petitioner in respect of case property is an unregistered Bainanama dated 25‑8‑1972 executed by one Abdus Sattar and on the basis of aforesaid so‑called Bainanama writ petitioner brought Title Suit No. 365 of 1985 in the 2nd Sub Judge Court for ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....ed. 1650 Shahasrangsa of land specifically as found in a suit for permanent injunction being Title Suit No.124 of 1992 of the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi It was also found in the said suit that 2nd party petitioner's father Altaf Hossain was in possession of ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......ly weapons fell upon one another on 27‑1‑2003 at 11‑00 in the morning. Both the sides were injured and lodged cases against each other. There was an apprehension of imminent breach of peace and loss of lives. The Officer-in-Charge of the Boalia Police Station thus urged upon the Chief Metropol..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....old him that accused Foran Ali and Babul called her after the dusk when she was returning home and accused Foran raped her and Babul helped accused Foran. The informant thereafter lodged ejahar and also took his daughter to Senbagh Health Complex for treatment. The police upon investigation submit&s......old him that condition of his daughter was not good and Manik asked him to go back to his house. After coming home he asked Parul about the occurrence. Parul told him that accused Foran Ali and Babul called her after the dusk when she was returning home and accused Foran raped her and Babul helped a......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....alma Masud Chowdhury J Abul Kashem Khan……………Petitioner Vs. State………………………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, A......e officer who held the investigation earlier. 11. In view of our finding above we are of the view that the impugned order of the learned Tribunal discharging the accused was an outcome of his so-Âcalled judicial inquiry which was not envisaged in law. It is an abuse of the process of the Tribuna......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....f 1960‑61 and duly received the deliver of possession and since purchase have been possessing' the same with right, title and interest thereto without any disturbance from any quarter and converted some of the land into salt bed and some portion as agricultural land and have been growing salt and ......e ends of justice which, in our opinion, is ordinarily relatable to an exercise of authority without jurisdiction. It will be, therefore, in a very rare case, that the High Court Division will feel called upon to exercise its jurisdiction under section 561 A when the party has already exhausted ......d to oust the appellants from their legal possession over the case land and have been threatening the labourers of the first party appellant. Thereby there is every chance of the breach of peace with loss of life and property if the second party respondents try to oust the first party appellants fro..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ra Mondal, Advocate - For Respondent Nos.2and 13. First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the......more or less 14.2118 acres along with other plots had been listed. Exhibit-3 is Standard Lease Agreement dated 6.4.1981 for residential property between Dhaka Improvement Trust on the One part who is called the Lessor and Manager, Bangladesh Bank, Dhaka referred to as Lessee of the Other part. In sc......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
...., Dhaka and another………………………………Respondents
Judgment
August 11, 2003.
Result:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court havin......ven the power even to pass an order which may not be in conformity with the provisions of the Code of Civil Procedure relating to the execution of a decree, no interference with the impugned order is called for.
Heard the learned Advocates.
6. We have perused the contentions of the provisi......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
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