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Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....y special limitation for appeal in case of such trial in absentia as if held ex parte by committing fraud upon the Court by suppressing notice. It would be in consonance with the principle of natural justice that in such an appeal time would run from the day of appellant's knowledge of the judgment ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ...... 1 BLC (AD) 40; Hakim Rai vs State AIR 1957 (Punjab) 134. Lawyers involved: AS Md. Abdul Mobin with Shafquat Hossain, Advocates—For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Rule N...... had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held in his absence in violation of the mandatory provision of law suppressing summons and other notices holding the trial in absentia. He further submits that kno..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
.... the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convicting and sentencing the accused on surmise and conjecture resulting in miscarriage of justice, as such, the conviction and sentence are liable to be set aside. 12. Mrs. Shamim Ara......arge against the accused person under sections 406/420 of the Penal Code on 1-10-1996 and the charges were read over and explained to the accused person who pleaded not guilty and claimed to be tried according to law. 4. The prosecution has examined 4 (four) witnesses while the defence examin......………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Revisi......the accused person under sections 406/420 of the Penal Code on 1-10-1996 and the charges were read over and explained to the accused person who pleaded not guilty and claimed to be tried according to law. 4. The prosecution has examined 4 (four) witnesses while the defence examined none. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....d. The Managing Director also, stated categorically in the meeting of the board of directors on 8-11-1993 that the transfer documents of Mr. Giasuddin Ahmed are in order. Therefore for the sake of justice and equity the board should approve the transfer of the shares to Mr. Giasuddin Ahmed.” ...... to do so. The petitioner also claimed dividends @ 18% declared in the 88th Annual General Meeting, it is the petitioner who is entitled to receive dividends on the said 22,000 shares. The petitioner accordingly wrote to the company on 14-5-1994 to urge in advance that dividends payable on the said ......, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All......th the request contained in the said legal notice, the board replied by letter dated 29-12-1993 refusing to register the transfer without assigning any reasons for the refusal. The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....as been held that- "The District Judge is a court and if no provision is provided any where in the special statute for granting a relief to an aggrieved party which is required for the ends of justice, he is to follow the procedure laid down in the Civil Procedure Code. So where the facts a...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......Present: AKM Sadeque J Mahmud Hussain...........................Petitioner Vs. Sayeb Ali & ors.............................Opposite party Judgment December 6, 1988 Cases Referred to- 27 DLR 388, 28 DLR 189, 29 DLR 111, 38 DLR (AD) 172, 37 DLR 71, 38 DLR (AD), 172, 38 DLR (HC......hat 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 may be that..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....ellant Momin Malitha guilty under Section 304 of Part-I of the Penal Code and thus alter his conviction from Section 302 of the Penal Code to Section 304 Part-I of the Penal Code in the interest of justice and accordingly reduce his sentence from transportation for life to a sentence of 10(ten) ye......-father of the victim lodged the F.I.R. with the Jibannagar Police Station at a distance of about 3-1/2 miles from the place of occurrence, P.W.2, Abdul Bari, S.I. of Police recorded the F.I.R. and accordingly Jibannagar P.S. Case No. 11 dated 28.11.75 under sections 147/148/448/ 326 of the Penal ......howdhury J Muhammad Ansar Ali J Momin Malitha & ors......................... Appellant Vs. State ...............................Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 ......yond reasonable doubt and hence he is entitled to benefit of doubt and the impugned order of conviction and sentence under section 323 of the Penal Code against this appellant can not be sustained in law and the same is liable to be set aside. 14. Now, let us examine the propriety and legality ..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35........ 73 of 1988 Judgment Fazle Hossain Mohammad Habibur Rahman J.—This Rule was issued on 20-6-88 calling upon the Secretary, Ministry of Home Affairs, Government of Bangladesh and four others to show cause why the detenu Gafur Mohammad Ibrahim should not be directed to be released from cus...... forged signature and seal, that Dhaka Cantonment Case 10 dated 13.12.87 under sections 435/468/471 has been instituted against the detenu and that the activities of the detenu are prejudicial to law and order and to the public interest. 4. Thereafter the Senior Assistant Secretary, Ministr..Category: Criminal Law | Date: | Hits: 29
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. ......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. ......ants are directed against the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 7 years each by his judgment dated 21-4-85 in Sessions Case No...... the T.I. Parade the evidence of the identifying witnesses in the Test Identification Parade cannot be relied upon his conviction under sections 395/397 of the Penal Code can not also be sustained in law. 13. So far as accused appellant Rustom Ali is concerned the learned Sessions Judge has right..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
.... filed petition for affording an 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. ......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......r cross-examination. 2. The appellant's case, in short, is that he is facing trial in Special Tribunal case No. 11 of 1987 under section 366A of the Penal Code read with section 4 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 in the aforesaid Court. 3. The prosecution case i......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30...Category: Criminal Law | Date: | Hits: 35
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....s of the judgment. 5. Mr. M. G. Bhuiyan, the learned Advocate appearing for the opposite party No. 1 plaintiff, submitted that the court having committed no error of law occasioning failure of justice, this court would not interfere with the order of rejection which has been passed by the cou......of party had not acted illegally, acting perversely or arbitrarily or fancifully for this court to interfere with that order. 15. That being the position. I find no substance in this Rule which is accordingly discharged without any order as to costs. 16. The stay granted earlier by this court ......dhury J Ishaque Hossain Chowdhury...........................Petitioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Abdul Aziz Cho......ted by the Vested Property Authority namely defendant Nos. 1 and 2. At the end of the proceedings, 9.7.88 was fixed for argument and the court having heard the arguments advanced by the learned lawyer appearing for the respective parties fixed 16.7.88 for judgment. On that day in the evening..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... life and liberty of subject was at stake. As accused Badsha Mollah was given a capital sentence, a careful, cautious and meticulous approach ought to have been made by the Court in the interest of justice. 33. However, regard being had to our above elaborate discussion of the facts and circums......ng with the extra-judicial confession and the circumstantial evidence and no illegality has been committed by him in passing the impugned order of conviction and sentence which should be upheld and accordingly, the Reference should be accepted and the sentence of death of the condemned-prisoner be......J Muhammad Ansar Ali J State...........................................Petitioner Vs. Badshah Mollah.....................Opposite Party Judgment August 28, 1988. Cases Referred to- 6 DLR 246, 1985 BLD (AD) 301, 1985 BLD (HCD) 129, AIR 1952 (SC) 343, AIR 1976 (SC) 917, 1979...... submits that in fact, it is a case of no evidence and admittedly there is no eye-witness to the alleged occurrence. He further submits that the learned Additional Sessions Judge seriously erred in law in passing the impugned judgment and order of conviction and sentence merely on surmises and c..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7....... (Criminal) Present: AM Mahmudur Rahman J Mahbubul Alam...............................Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra......n the facts, which can be proved as to which of the several offences the facts will constitute. The provision of Section 237 is attracted to a case where there are doubts both about the facts and the law. When a Court entertains a doubt as to which of the two possible laws is to be applied to the fa..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....titioner had full opportunity to cross-examine the prosecution witness and for non-examination under section 342 was not prejudiced in his trial nor such non-examination has led to miscarriage of justice. 8. The contention of Mr. Moqbul Ahmed that the Court below acted in excess of their juri......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......nal) Present: A M Mahmudur Rahman J Mohammad Musa................. Petitioner Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Invol...... has also observed that defence was not of partnership business but a total denial to the existence of entrustment of the paddy in question. Now it is necessary to discuss the relevant provision of law in this regard. Section 405 of the Penal Code defines criminal breach of trust and punishment ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......: Nurul Huq Bhuiya J Md. Badruzzaman 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.......the said Act which runs as follows :- "26. Offences under this Act and Certain other Offences to be Tried by Special Tribunals.- (1) Notwithstanding anything contained in the Code or in any other law for he time being in force, the offences specified in the Schedule to this Act shall be triable ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......ision 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 pending in the Court of the......aid amount of money misappropriated and /or converted the same to their own use and thereby they have committed offence punishable under section 420/406 of the B.P.C., and other relevant provision of law." 2. The Chief Metropolitan Magistrate examined the complainant on oath and issued summons ag..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
.... Court Division in the fact and circumstances of the case there being no provision to meet the situation arising in the present case had, therefore, fallen upon section 151 C.P.C, to meet the ends of justice." It will appear from the above quoted decision of the Appellate Division in the case of ......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36....... Judgment April 28, 1987. Lawyers Involved: 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......the judgment-debtor in respect of this matter, i.e. satisfaction of the decree passed against the judgment-debtor, that subsequently by ill advice in order to harass the decree-holder and by changing lawyer by fresh power with malafide motive and for illegal the petition was filed with false stateme..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)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......f this narrow question, whether the plaintiffs have been in possession of the disputed land over the statutory period and entitled as such to a decree for permanent injunction. 10. The appeal, is, accordingly, allowed and the judgment of the court of appeal below is set aside and the case is sent......dhury J Ala Meah, being dead his heirs are Syed Ali & ors..............Appellant Vs. Ali Ahmed………………………….Respondent. Judgment August 13, 1986. Case Referred to- Sree-Durga Charan Chunder Vs. Kharda Co. Ltd. 20 Cat. WN 254 - (AI.R. 1916 Cal: 367). Law......f No. 1. There was no payment of any consideration thereunder and they continued to possess the property as before. The custody of the kabala also remained with them. Defendant No. 2 who is father-in-law of defendant No. 1 removed the original kabala from the plaintiffs' custody and subsequently too..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....nue Deputy Collector has demanded Salami at the rate prevailing in 1955 when part of. Salami was paid though the settlement was given with effect from 1958-59. This is extraordinary and is opposed to justice and equity. If settlement of the land in question is given with effect from 1958-59 salami i......lement of khas Mahal land. I find force in the contention of the learned Assistant Attorney-General. 14. In view of the above discussion, I do not find any substance in this appeal. This appeal is accordingly dismissed and the judgment and decree of the learned Additional District Judge dismissin......angladesh .................................................Respondent Judgement April 10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against th.......55 on the basis of kabuliyat as alleged by him was not acted upon and also in that view of the matter I hold that the cancellation of the settlement by the Board of Revenue by its aforesaid Memo was lawful and the approval of settlement of disputed land made by the Divisional Commissioner on 10.9.5..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... 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....... 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....... 2. Senior Assistant Secretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dhaka. 3. District Magistrate, Comilla, Superintendent of Police, District Special Branch, Comilla. 4. Inspector-General of Prisons, Government of Bangladesh. Dhaka...............Opposite-Parties. Judgment ......ated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materials to enable..Category: Criminal Law | Date: | Hits: 40
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....I do not like to interfere with the same. Section 115 of the Code of Civil Procedure authorises the Court to interfere into the interlocutory order passed by the courts below for securing the ends of justice. 5. The Court has passed the impugned order and this court will not interfere that the im......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ......ent: Latifur Rahman J Zahirul Alam……………………...........Defendant-Petitioner. Vs. Manindra Nath Thakur.............................Plaintiff-Opposite Party Judgement October 25, 1987. Lawyers Involved: M.L. Bhowmick - For the petitioner. Not Represented – t......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ..Category: Procedural Law | Date: | Hits: 111
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....us case to be barred by limitation simply on the ground that no formal application under section 5 of the Limitation Act has been preferred by the appellant. Mr. Ahmed submits that in the interest of justice it should be held, in the facts and circumstances of the present case, that no formal applic......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......n Ahmed....................Appellant Vs. Shamsuddin & Others……………………...Respondents Judgment August 17, 1987. Result: The appeal is dismissed. Case Referred to- Firm Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker ......ng or that the delay in filing the miscellaneous case was unintentional. They contended that the miscellaneous case was a malafide one and was filed with the object of harassing the respondents for unlawful gain. 4. Upon these averments the learned Subordinate Judge framed the following points fo..Category: Procedural Law | Date: | Hits: 101
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