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Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....ant, which is inculpatory and proved beyond doubt his complicity in the murder of the victim. The learned D.A.G. submits that in view of the unambiguous confessional statement the learned trial Judge rightly found the accused guilty and there is no reason for this Court to interfere with the judgmen......elamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and thereafter sent the dead body to Joypurhat morgue for post mortem examination, which was held on 20.2.81. The informant Afaz Uddin (P.W.1), brother of......uitted of the charges levelled against him. Jail Appeal No.4954 of 1991 is accordingly disposed. 27. Let a copy of this judgment be communicated to the Ministry of Law Justice and Parliamentary Affairs with a recommendation to take steps for incorporating within the law a provision to have a par......cused appellant, which is inculpatory and proved beyond doubt his complicity in the murder of the victim. The learned D.A.G. submits that in view of the unambiguous confessional statement the learned trial Judge rightly found the accused guilty and there is no reason for this Court to interfere with..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....ibi did not die in the year of 1974, Dawlat Bibi also did not die in the year 1982, and Rahela Bibi did not die in the year of 1984 and they actually died in the year 1999. The plaintiffs have got no right, title and possessions over the suit land. The defendant No.1 by mutating the suit property in......3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......uit property peacefully. The plaintiffs filed the suit on false and fabricated facts only to grab the property of the defendants as such the suit is liable to be dismissed. 7. During the course of trial the plaintiffs examined as many as 6(six) witnesses and defendants examined 4(four) witnesses ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......lip;…Applicant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the asse......allowing rebate at the same 15 per cent of the construction-cost in ITA No.1145 of 1999-2000 for the immediate preceding precedent (?) assessment year 1996-97 the orders of the Commissioner (appeals) fair and reasonable and maintained the first appellate orders for both the assessment years in quest...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......pposite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the de......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......endants denied the plaintiffs case of acquisition of title by the kabalas and also their possession and subsequent dispossession from portion of the suit land, as alleged in the plaint. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the fin..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....ion. 14. Mrs. Umme Kulsum Begum, the learned Deputy Attorney-General along with Mr. SM Shajahan Kabir, the learned Assistant Attorney-General for the State, submits that the appellant has been rightly convicted under sections 392/411 of the Penal Code on proper appreciation of the facts and...... the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failure of the accused to produce evidence does not relieve the prosecution of ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......nce. It can be used to corroborate the statement under section 157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion when the story made at the trial differs in material particulars from the story given in the FIR and thus the prosecution ca..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....he central consideration in appointing a guardian of a minor child is the welfare of the child, which will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit ......h will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular ca......on the facts and circumstances and evidence on record. 27. The order of the learned Additional District Judge in Paribank Appeal giving the petitioners right to visit the child seems to me to be a fair and reasonable order. However, the parties are at liberty to go for any arrangement extending t......etitioner. Moreso, the petitioner by this time divorced her second husband (opposite party no.4) on 22.10.2002 considering the overall welfare of the son and entitled to maintain the child. 6. The trial Court on the basis of the pleadings of parties framed the following issues:- i) Whether the..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
.... the decision and more so, no failure of justice being occasioned to the defendant-petitioners, the Rule is liable to be discharged. The learned Advocate submits that the trial Court decreed the suit rightly and the Court of Appeal below very cogently and legally dismissed the appeal. He submits tha......he Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Su......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......ate or to specific land of the estate and asserts a hostile title and adverse possession therein as in the present case. The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the fi..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... render an order of detention bad in law and such an order cannot be justified in the eye of law, because, on account of vagueness of the grounds of detentions the detenu has been deprived of his right to submit any effective representation against his detention and explain his position.……......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......t of public safety and the maintenance of public order. Section 3(1) read with section 2(f) of the Act clearly prescribed certain specific grounds on which alone a person may be detained without trial. If a person is detained on any ground other than those prescribed in the section, the prev..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......Dinajpur in Nari-o-Shishu Nirjatan Case No.356 of 2000 convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 sentencing him thereunder to suffer imprisonment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment for a period ......n to take the place of legal proof. Bearing in mind these broad principles, the evidence is required to be appreciated to find out what part of the evidence represents the true and correct state of affairs. It is for the courts to separate the grain from the chaff. 51. The Criminal Jurisprudenc......harge against the accused person Mostafa alias Masta under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and read it over to him in open court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 9 witnesses who are cross examined by the defence. Afte..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty was the superior landlord in Mirashi right in 'A' schedule land and while the same was under his management one Bhama Baishnabi was giv......passed by the Munsif, Bandar Upazila, Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......t or possession in the suit property has been enlisted as vested property, as such, the plaintiffs cannot get any relief in this suit. Hence, the suit is liable to be dismissed. 4. During the trial plaintiff examined 2 witnesses and the defendant examined only 1 witness Tahsilder to prove t..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... never shifted on the condemned-petitioner in the absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for th...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under Sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid Sections of the Penal Code but the same co..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
.... the Rules, 2007, we invited Mr. MA Malek, learned Senior Advocate, as Amicus Curiae for his views. The learned Amicus Curiae submits that the Emergency Rules is against the spirit of the fundamental right guaranteed under Article 31 of the Constitution and that if any law is contrary to the dictum ......J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some form of corruption, but inv......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......n appropriate cases grant bail, yet rule 19 Gha provides that even an application for bail cannot be filed by an accused person against whom an inquiry (অনুসন্ধান), investigation or trial is pending for any offence under the said Rules, 2007 or under any law mentioned in rule 14 or..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......ashuque Hossain Ahmed J.- This Review Petition has been preferred by defendant opposite-party No.10 of Civil Miscellaneous Case No.37 of 2006 filed under section 24 of, the Code of Civil Procedure for transferring Title Suit No.142 of 2000 from the Court of the Senior Assistant Judge, Sadar Bhol......d lingered the hearing of the suit for days together. He submitted that still the review-petitioner has got his influence in the locality. So, the opposite-party apprehends that she will not get fair justice in that Court. 4. We have heard the submissions of the learned Advocates of both ......her district on the ground stated in the petition. Subsequently, another petition was filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and order, dated 6-8-2007..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......O-Shishu Nirjatan Daman Case No.49 of 1998 convicted the appellant under section 6(1) and 14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imprisonment for life. 2. The facts involved for disposal of the appeal are as follows: Most. Hena, t......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......d under section 6 (1) and 14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain,1995 and the case was transferred to the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Netrakona for trial. 5. The trial court after framing charge read over the same to the accused persons who p..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....Advocate appearing on behalf of the accused-appellants submits that he has no other ground to seek bail except the ground of long pretrial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesitate to releas......ment September 26, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period i.e. 360 days, for concluding trial of a criminal case under section 339C (4) of the Code of Criminal Procedure.......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......ber 26, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period i.e. 360 days, for concluding trial of a criminal case under section 339C (4) of the Code of Criminal Procedure. When the trial o..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....ule and submits that the opposite party no.1 already constructed a building in the suit land which is a commercial space. He adds that after considering the materials on record, the courts below rightly rejected the plaint, which calls for no interference by this Court. 11. In order t......his Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Class Suit no.58 of 2004 in the Court of Senior Assistant Judge, Joypurhat, impleading the opposite parties as defendants for permanent injunction, restraining the defendant Nos.1-3 from giving allotment to defendant ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ...... the order dated 25-11-2004 rejected the plaint. 6. On appeal, the learned District Judge by the judgment and decree dated 27-04-2005 passed in O.C. Appeal No.1 of 2005 affirmed the order of the trial Court. 7. Feeling aggrieved the petitioner obtained the present Rule. 8. Mr. S...Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......te Parties. Syed Haider Ali, Deputy Attorney-General - For the State. Criminal Revision No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and or......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......re. 4. Police took up investigation of the case and on completion of the same, submitted charge sheet on 2-3-2001 against the accused opposite parties. Eventually, the case record was sent for trial before the Sessions Court, where it was registered as Session Case No.408 of 2001. Learned A..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....accused. If the circumstances and evidence raise doubt as to the genuineness of the prosecution case, the accused appellants are entitled to get benefit of doubt not as a matter of grace but as of right……………………….(65) Circumstantial evidence In the absence of any di......t in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of wi......nal Procedure, 1898 (Act No. V of 1898); section 342 The fundamental principle underlying in section 342 of the Code of Criminal Procedure is that the accused should be afforded a full and fair opportunity for understanding the evidence and circumstances against him. The need of law for ......tance. It can be used to corroborate the statement under section 157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion if the story made at the trial differs in material particulars from the story given in the first information report and such..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....d Deputy Attorney-General, has submitted that the time, place and manner of occurrence as given in the prosecution case has been proved beyond any reasonable doubt. Learned tribunal below, therefore, rightly convicted and sentenced the condemned prisoners by placing reliance upon the evidence of eye......enal Code and sentenced them thereunder to death by hanging subject to confirmation by the High Court Division and made the reference to this Court under section 374 of the Code of Criminal Procedure for confirmation of the said sentence. 3. Being aggrieved by the impugned judgment and order of c...... same place on the same date and at the same time on 24.3.2003? Why further 2 days' delay should occur in seizing those 3 items? According to him belated seizure of those 3 items is an afterthought affair to give the prosecution case an acceptable shape. His argument does not appear to us to be unsu...... who were arrested during the course of investigation as suspects. 7. After completion of necessary formalities in terms of the provision of section 339 B (1) of the Code of Criminal Procedure for trial of the absconding accused in absentia the learned Magistrate sent the record of the case to th..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......ered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry officer of his own accord cannot examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......dence or material produced by the complainant at the enquiry not the oral testimony or any material adduced on behalf of the defence, being defence version which can be considered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry officer o..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
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