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Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....ur Rahman, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the points canvassed by the learned Advocate for the appellant are not tenable in law and on facts. Next, The Assistant Attorney-General submits that the prosecution has been successfully able ......ted in: 59 DLR (2007) 17. ......not named in the first information report, police on the basis of his perfunctory confessional statement submitted charge-sheet against him. 10. Secondly, Mr. Karim submits that there being no evidence of throwing acid or corrosive substance on the person of victim Beauty (PW 12) by the accus..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....Bireswar Kumar Das (Zadu) collaborated him committing the occurrence. It may be mentioned that the other accused persons were acquitted from their respective charges. In deposition, he reiterated the facts in the first information report but made some contradiction. We find from his deposition that ..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju......ections 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The same having been read over to him he pleaded not guilty and prayed to be tried. 6. After the closure of the evidence the accused appellant was examined under section 342 of the Code of Criminal Procedure wher..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....case was sent to the Divisional Special Judge, Chittagong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The learned Special Judge considering the facts and circumstances of the case and evidence on record passed the impugned judgment and order of...........................Opposite Party Judgment August 9, 2005. Cases Referred To- Lal Mia vs State 42 DLR 15; Anser Ali (Md) vs State 3 BLC 68; Bangladesh vs Lokman Patwary and others 1994 BLD (AD) 155 = 46 DLR (AD) 163; Md Abdul Motaleb Mia vs State 7 MLR 458 = 7 BLC 644;......Judge, Chittagong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The learned Special Judge considering the facts and circumstances of the case and evidence on record passed the impugned judgment and order of conviction and sentence on 17-1-1994 co..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....42 of the Code of Criminal Procedure on 16-8-1999 in which he pleaded innocence stating that he will not adduce any witness and will not say anything. 6. The learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused person under sectio...... Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, ......16-8-1999 in which he pleaded innocence stating that he will not adduce any witness and will not say anything. 6. The learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused person under section 420 of the Penal Code and sentenced hi..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....tand in a fiduciary relationship to the company and the power reserved to refuse to register transfer is a discretion which requires a just and proper consideration of the proposal to transfer in the facts and circumstances of the case. In the exercise of that discretion the directors are required t...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh......xtracted from that case. First, where the directors do not assign any reason because of the articles it is competent for those who seek to have the transfer registered to show affirmatively by proper evidence that the directors had not duly exercised their power. Secondly, if reasons are given by th..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... same as that of an ordinary Civil Court being constituted by Munsifs and empowered to decide Election disputes relating to right to office, after taking evidence and hearing arguments, both on facts and law, are definitely exercising judicial powers, and not administrative power though it m...... 31 DLR 119, 29 DLR (HC) 111 & 31 DLR 119, 27 DLR 388, 38 DLR (HC) 41, 38 DLR (HC) 262, 38 DLR 435, 38 DLR (HC) 262. Lawyers Involved: Dewan AMS Zaman, Deputy Attorney General, Kibria Chowdhury and Akhlaque Rahman, Advocates — For the Petitioner. M.A. Mannan, Advocate — For the Opposi...... holding the trial of such disputes is the same as that of an ordinary Civil Court being constituted by Munsifs and empowered to decide Election disputes relating to right to office, after taking evidence and hearing arguments, both on facts and law, are definitely exercising judicial powers..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
.... 302/34 of the Penal Code beyond all reasonable doubt against the appellant Momin Malitha and most illegally convicted and sentenced him to transportation for life. He further submits that in the facts and circumstances of the ease, this appellant could at best be charged under section 304 of th......que Advocates— For the Appellants. A.B.M. Golam Majid Advocate— For the State. Criminal Appeal No. 230 of 1978 Judgment Muhammad Ansar Ali J.— This appeal arises out of the Judgment and order dated 31.8.78 passed in Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Ju......bdul Karim by Badaruddin Malitha has no corroboration by any of the witnesses. In this view of the matter, we feel that it is not at all safe in the facts and circumstances of the case to rely on the evidence of P.W. 4 who is the son of the informant and naturally interested and to convict and sente..Category: Criminal Law | Date: | Hits: 52
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......al No. 136 of 1987 with Jail Appeal No. 157 of 1988 Judgment Mohammad Ismailuddin Sarker J.—This appeal by the 3 accused-appellants are directed against the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 ......on 395/397 of the Penal Code against 10 accused-persons including the 3 appellants. The prosecution examined 9 witnesses and the defence none. 4. The learned Sessions Judge on consideration of the evidence on record convicted the 3 accused-appellants under section 395/397 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....opportunity to the appellant for cross-examination of the witnesses. It is further submitted that the cross-examination of these witnesses are necessary for ends of justice and for bringing certain facts on record which the prosecution failed to produce. 5. Mr. S.B. Barua, the learned Advocate ......t Mahmudul Amin Chowdhury J.- This appeal preferred under section 30 of the Special Powers Act, 1974 is directed against the order dated 1-11-88 passed by the Assistant Sessions Judge, 4th Court and Special Tribunal, Dhaka in Special Tribunal case No. 11 of 1987. The learned Special Tribuna......at certain witnesses have been examined in the absence of the appellant when he was absconding, ft is further admitted that the prosecution has not yet closed the case and same is fixed for further evidence next week. As the prosecution has not yet closed the case and as some of the witnesses have..Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....ave been falsely implicated in the case out of enmity. Before the learned Additional Sessions Judge, the prosecutions examined 12 witnesses and the defence examined none and after considering the facts, circumstances and evidence on record the learned Additional Sessions Judge, convicted the a...... Case No. 158 of 1982 in the Court of Addl. Sessions Judge, 1st Court, Sylhet.) Judgment Nurul Huque Bhuiyan J.—This appeal has been preferred by the appellant Siddik Ali against the judgment and order dated 31-5-83 passed by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, S...... in the case out of enmity. Before the learned Additional Sessions Judge, the prosecutions examined 12 witnesses and the defence examined none and after considering the facts, circumstances and evidence on record the learned Additional Sessions Judge, convicted the appellant under section 302 ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....ay be necessary. 7. This question of joinder of parties is merely one of procedure. It is a question of judicial discretion which, however, need to be exercised judicially taking in view all the facts and circumstances of the matter in suit. The object of adding a party is to avoid multiplicity......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ge and submits that the condemned-prisoner has been rightly convicted under section 302 of the Penal Code and sentenced to death by the learned Additional Sessions Judge on proper appreciation of the facts and circumstances of the case and the evidence on record along with the extra-judicial confe......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurrence from his house and saw the dead body of deceased Babu Mollah with cut injuries on his throat. After a while accus......t be killed by some unknown assailants and the accused have been falsely implicated in the case out of previous enmity and grudge. 6. The learned Additional Sessions Judge on appreciation of the evidence on record and hearing the parties was pleased to find accused Badsha Mollah guilty under se..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....ase falsely at the instance of the employees of the informant and the prosecution witnesses. 4. The learned Magistrate, however, on appraisal of the evidence on record and on consideration of the facts and circumstances of the case found the accused-petitioner guilty of having committed theft an........Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra Das and another Vs. Nimai Chandra Das, 21 DLR 384, Sultan Ahmed Vs. the State, 12 DLR at page ...... took place and that he was implicated hi the case falsely at the instance of the employees of the informant and the prosecution witnesses. 4. The learned Magistrate, however, on appraisal of the evidence on record and on consideration of the facts and circumstances of the case found the accused..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....ions Judge, Chittagong in Criminal Appeal No. 122 of 1985 upholding the order of conviction and sentence passed by Magistrate, 1st Class (Upazila Magistrate) Banshkali Upazila, Chittagong. 2. The facts giving rise to this Rule are that opposite-party Kabir Ahmed filed a petition of complaint in ...... — For the petitioner. Abdul Momen Chowdhury, Advocate—For the Opposite Party. Criminal Revision No. 47 of 1986 Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122...... examined no one. From the trend of cross examination it appears that the petitioner totally denied the transaction as alleged by the complainant. The learned Magistrate, however, on consideration of evidence on record found the petitioner guilty and sentenced him to suffer rigorous imprisonment for..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....d under section 342 Cr.P.C. with reference to the evidence and circumstances of the case. The prosecution examined 9 witnesses but the defence examined no witnesses. 6. On consideration of the facts and circumstances of the case and evidence on record, the learned Sessions Judge convicted a......man J State...........Appellant Vs. Khalilur Raman...........Respondent Judgment August 25, 1988 Lawyers Involved: M. Shamsul Alam Deputy Attorney General with A.K.M. Zahirul Huq and Md. Abdur Rahim Khan, Advocates — For the State. Md. Abdus Sobhan with S.M.A. Maleq and Sye......it and received injuries which caused her death and that the appellant was falsely implicated in the case by the local Chairman with the help of his Chowkider out of enmity. 5. At the close of the evidence the appellant was examined under section 342 Cr.P.C. with reference to the evidence and c..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....t, on the basis of which the aforesaid proceeding started, was filed by the Assistant General Manager of the Bangladesh Shilpa Rin Sangstha, briefly referred to as the B.S. R.S. We shall refer to the facts as stated in the petition in Criminal Revision 232 of 1984. But the facts of the other case ar......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now......e has been taken. He has argued that if it is found, however, that an offence of criminal breach of trust is not made out, the Court can frame a proper charge for any offence as may be disclosed upon evidence to be adduced at the trial. The learned Advocate has submitted that the facts alleged again..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....ough we are not in favour of, encouraging a procedure which is not covered by any express provision of the Code, we shall, however, refrain from interfering with the two orders in view of the special facts and circumstances of the present case................." It is noted that there is a provisi......lved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad 15 Indian Appeals 1123JLR, 15 Cal 521 (P.C.......he Calcutta High Court) which runs as follows :- "2A. Notwithstanding anything contained in clauses (1) and (2) of rule 2, the court may for sufficient reasons go on with the hearing, although the evidence of the party having the right to begin has not been concluded, and may also allow either pa..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....ing a presumption of benami. 7. In reply Mr. M. Fazlul Karim, the learned Advocate appearing on behalf of the respondents submits that the learned Subordinate Judge has considered all the material facts and circumstances taken into consideration by the trial Court and in consideration thereof fou......-3. M. Fazlul Karim, Advocate - For the respondent. Appeal from Appellate Decree No. 331 of 1968. Judgment Bimalendu Bikash Roy Chowdhury J. - This appeal is directed against the judgment and decree dated 17.2.67 passed by the learned Subordinate Judge, 2nd Court, Chittagong in other App...... into consideration by the trial Court and in consideration thereof found that the impugned kabala was with consideration and not a sham deed. It is further submitted by him that when there is direct evidence as to the passing of the consideration money under the kabala and the transferee has the cu..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....I do not find any reason to hold that the settlement under Ext. 6 was a completed and final one and on the basis of the same any title accrued to the appellant in the disputed land. In "view of these facts and circumstances of the present case the decision relied upon by the learned Advocate has got......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl......Revenue under Memo No.3191/A.E. dated 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit holding that the plaintiff had title in the land in dispute and ..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... the decision of the Appellate Division of this Court in the case of Abdul Latif Mirza vs. Govt. of Bangladesh reported in 31 DLR (AD) 1979 P-1. In that case, it has been held as follows: From the facts on record, it appears that between 22.5.74 and 24.5.74 there is a gap of two clays when there ......For the State. Criminal Miscellaneous No. 100 of 1987. (Arising out of Memo No. 4592 Sha Ma Nira-1 dt. 11/5. 87 Senior Asstt. Secretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dhaka and Memo No. 1428 Sha Ma Nira-1 dt. 19.2.87 Senior Asstt. Secretary, Ministry of Home Affairs and Me...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
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