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Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....others…………………………….......................Respondents Judgment June 08, 2008. Result: The Rule is made absolute. Cases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; ......income. 20. It is not disputed that the Commission never asked the petitioner to submit any statement or information or document regarding any of her property, movable and immovable. Nor was she called upon by any Court to furnish any explanation of her property, movable or immovable. In view o......pt of the charge-sheet, the Metropolitan Senior Magistrate Judge took cognizance of offences against the petitioner and her husband. Then, he sent the case to the competent Court of Special Judge for trial and the trial is going on. But no necessary particulars of such proceedings were provided in t......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………....Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....LV of 1860), ss. 406, 420 The EmiÂgration Ordinance, 1982 (Ordinance No. XXIX of 1982), ss. 23, 26 In case of misappropriation of money e.g. in cases involving the promise of sending someone abroad on employment, the allegation prima facie attracts the mischief of the Penal Code. T......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......t will come within the mischief of section 23 of The EmiÂgration Ordinance, 1982 (Ordinance No. XXIX of 1982). The Government by NotificaÂtion already constituted Special Court for the purpose of trial of all offences under the said Ordinance. Secondly, the ordinary Court have no jurisdiction ......cial Court, the informant's case before the Magistrate cannot be stifled by quashing…………………………….(12) Cases Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; Noor Jahan Begum an another Vs. State, ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....ainant on 18.02.2003 lodged a complaint petition before the Court of 1st Class Magistrate and cognizance 'Ka' Anchal at Sirajgonj. The cognizance Court sent it to the Police Station at Belkuchi and also ordered to take it as F.I.R. The complainant stated in her complaint petition as “দরখাà......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311....... Advocate the complainant is threatened by the accused respondent No. 1 and in the circumstances of these appears a reasonable apprehension in the mind of the complainant that she will not get a fair trial or that she may be deprived to defend at the trial. 6. It appears from the record that all...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Mst. Parvin Rahman…………......Petitioner Vs. Moniruzzaman and others…………...Respondents Judgment June 5, 2008. Result The petition is di..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....tation Case No.7 dated 22-1-2007 corresponding to GR Case No.7 of 2007, convicting the appellant under section 25(1) Part (II) of the Special Powers Act, 1974 and sentencing him to suffer simple imprisonment for three months and also to pay a fine of Taka 1,000 in default to suffer simple impri......ard reliance is being placed in the case of Md. Amir Hossain Vs. State reported in 28 DLR 371 wherein it has been held: “For an offence of hoarding, it is not enough that there was what is called hoarding by the accused, but it must further be shown that he kept in his stock quantity......ths and also to pay a fine of Taka 1,000 in default to suffer simple imprisonment for fifteen days more. 2. The prosecution case as projected in the first information report and unfurled at trial is, that on 22-1-2007 ASI Md. Abdul Aziz (P.W.1) along with other police personnel were on dut......ni, Assistant Attorney-General - For the Respondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by th..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....o.07 dated 22-01-2007 correÂsponding to G.R. Case No.07 of 2007, conÂvicting the appellant under section 25(1) Part (II) of the Special Powers Act, 1974 and senÂtencing him to suffer simple imprisonment for three months and also to pay a fine of Tk.1,000/- in default to suffer simple imprisÂo...... reliance is being placed in the case of Md. Amir Hossain Vs. The State reported in 28 DLR 371 wherein it has been held: "For an offence of hoarding, it is not enough that there was what is called hoarding by the accused, but it must furÂther be shown that he kept in his stock quantity ......ths and also to pay a fine of Tk.1,000/- in default to suffer simple imprisÂonment for fifteen days more. 2. The prosecution case as projected in the first information report and unfurled at trial are that on 22-01-2007 A.S.I. Md. Abdul Aziz (P.W.1) along with other Police personÂnel wer...... Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this ApÂpeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed by the l..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, if not partitioned earlier by metes and bounds. It need not be discussed b......luded to bring a fresh suit for partition though earlier suit for partition was dismissed for default, therefore, the court below rightly refused to reject the plaint and, as such, no interference is called for with the impugned order. In support of his contention Mr. Sheikh Muhd. Serajul Islam has ......or decision at the peremptory hearing of the suit. 11. In the result the Rule is discharged. The application filed by the defendant-petitioners under Order 7 rule 11 of the Code is rejected. The trial court is directed to dispose of the suit as expeditiously as possible preferably within 6......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....o limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, if not partitioned earlier by metes and bounds. The cause of action for f......ded to bring a fresh suit for partition though earlier suit for partition was dismissed for default, therefore, the court below rightly refused to reject the plaint and, as such, no interference is called for with the impugned order. In support of his contention Mr. Sheikh Muhd. Serajul Islam has......decision at the peremptory hearing of the suit. 11. In the result the rule is discharged. The application filed by the defendant-petitioners under Order 7 rule 11 of the Code is rejected. The trial court is directed to dispose of the suit as expeditiously as possible preferably within 6(six......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....minal Procedure, at the instance of accused petitioners, calling upon the opposite parties to show cause as to why the impugned order dated 08-01-2004 passed by the learned Magistrate, First Class Jessore, in C.R. Case No.549 of 2003 framing charge under sections 406, 420 of the Penal Code, now pend....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......1-2004 framed charge under sections 406, 420 of the Penal Code against the accused after rejecting the application filed by the accused under section 241A of the Code of Criminal Procedure. Meanwhile trial of the case has commenced and complainant was examined as P.W.1. 4. Feeling aggrieved by ......ase is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
....lection Commission, Block – 6, Sher-e-Bangla Nagar, Dhaka and others……………………………………………..Respondents
Judgment
May 18, 2008.
Result:Â
The Rule is made absolute.
Cases Referred to-
Mohammad Abid Khan and others Vs. Bangladesh and others of writ pet......r these people as halfway homes to Pakistan. Historical background does not automatically make them citizens of Bangladesh. The petitioners and/or their forefathers were not born in the territory now called Bangladesh. Citizenship in Bangladesh is determined and regulated by law (Article 6 of the Co......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
...... in: 60 DLR (HCD) (2008) 407.
..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
.... 0568 ajutangsha originally belonged to Khiroda Shundari Daishya which was put to auction for arrear of rent in certificate Case No.660 of 1952-53 and was purchased by Ali Ahmed @ Dr. Monjurul Hoque, son of late Munshi Nowab Ali of 74, Mirpur, Dhaka on 20.06.1953. The sale was confirmed on 24.08.195......at the defendants obtained a fraudulent decree on 15.11.79 in Title Suit No.62 of 1979 of the Court of Subordinate Judge, 3rd Court, Dhaka. On further query the plaintiffs came to know that a so-called bainapatra to sell the suit property allegedly entered into by one Rasheda Begum, wife of Sal......Suit No.221 of 1964 was decreed on 25.12.65 in favour of Rasheda Begum declaring the registered agreements being Nos.6904 and 6905 dated on 16.11.59 as cancelled and ineffective. In the said suit the trial court also declared the two compromise applications filed in Money Suit No.50 of-59 and H......d in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....p and Fish Processing Plant Ltd. for realisation of its outstanding dues totaling Tk. 78,59,681.37 with interest at the rate of 16% interest till the date of realisation. 3. The petitioner as sole defendant entered appearance in the suit and filed an application under Order VII rule 10 read......s-For the PetiÂtioner. M. Saleem Ullah, Advocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Art......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......lso Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....onding to Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous impriso......dence on any point and, as such, the impugned Judgment calls for no interference by this Court. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......e materials available on record, framed charge against the accused Kazi Islam under section 4(Kha)/9 of the Ordinance and read it over to him in open Court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 7 witnesses who were cross-examined by the defence and the def......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....onding to Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous impriso......dence on any point and, as such, the impugned judgment calls for no interference by this Court. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......e materials available on record, framed charge against the accused Kazi Islam under section 4(Kha)/9 of the Ordinance and read it over to him in open Court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 7 witnesses who were cross-examined by the defence and the def......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....ted by the Secretary, Ministry of Law & others............Respondents Judgment April 24, 2008. Result: The Rule is discharged. Case Referred to- Bangladesh Marine Fisheries Association Vs. Government of Bangladesh, 52 DLR 273. Lawyers Involved: Shahed Alam, Advocate - ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......uld dispose of the case on merit and there is no provision for abatement of any suit. He further submits that section 17 of the Artha Rin Adalat Ain provided stipulated period of time to conclude the trial of the suit within 90 days and for extended period for another 30 days and if the Adalat fails......s also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....o. 5 of 1908); section 9 The Specific Relief Act, 1877 (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act h......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......ed by the principle of estoppels, waiver and acquiescence and that Water Development Board is a semi- Government Autonomous Body and the post of the plaintiff is an irregular temporary post. The trial Court decreed the suit. 5. Being aggrieved thereby, the defendants preferred appeal befor...... excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....r Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1 is illegal, void and not binding upon him and also for a declaration that he is entitled to get all benefits as he was getting before passing the sa......e No.1 of 1999. Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assis......ire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court sub-ordinate to it and competent to try or dispose of the same, or (b......e is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
.... alleging, inter alia, that the suit land originally belonged to Mojibor and
Mofizar. That in the year 1985 the opposite party Nos.2-4 while possessing the
case land then opposite party Nos.3 and 4 sold 3 decimals of land to the
pre-emptor-opposite party No.1 by the regisÂtered kabalanama in the......h the
signature of pre-emptor Mohammad Ali Sheikh put in the vokalatnama and in the plaint of the case. The learned Counsel next
submits that pre-emptor Mohammad Ali never put his signaÂture in so called bainanama and pre-emptor had no
knowledge about the transfer of the suit land prior to obtai......has increased to
a great extent and now valuation is about Tk.5,00,000/- and hence the
pre-emptor filed the instant suit for pre-emption and as such the suit is
liable to be dismissed.
4. The trial of the
case was held in the Court of the learned Senior Assistant Judge, Gobindagonj,
Gaiban......d. Dabirush-Shan J
Most. Rafika Begum……………………………………………………………..Petitioner
Vs.
Md. Mohammad Ali
Sheikh being dead his heirs Most. Asia Bewa and
others……………………………………………………………………………â€..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....-1975 and having its Registered Office in Dhaka and its motto is to promote and advance the Art and Science, practice and business of physical planning in all its branches throughout Bangladesh and also to promote efficiency in the planning proÂfession and practice and, as such, the Institute of Pl......nchise might be determined. Broadly stated, the quo warranto proceeding affords a judicial inquiry in which any person holding an independent, substantive, public office, or franchise, or liberty, is called upon to show by what right or authority he holds the said office, franchise or liberty; if an......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hellip;………………………………….Opposite Party Judgment March 27, 2008. Result: The Rule is made absolute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a t......, Advocate-For the Petitioner. Md. Mosiul Alam, Advocate-For the Opposite Party. Civil Revision No. 49 of 2001. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09...... had other rooms of the suit holding let out to other tenants, the plaintiff should not have chosen the particular room of the defendant as target of eviction for bonafide requirement. 5. At the trial the plaintiff examined 3 (three) witnesses and the defendant also examined 3(three) witne...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....section 5 of the Limitation Act. But in case of an appeal filed under section 14 of the Ain, no such benefit can be availed of by the accused simply because the Ain is not only a procedural law but also a special law. Consequently, the right of appeal has been curtailed to a great extent. Therefore,...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ...... the dishonoured cheque. As soon as the appeal is filed against the judgment of conviction and sentence, the appellate Court is required to stay operation of the judgment passed by the trial Court. Mere filing of an appeal does not operate as stay of the judgment of conviction an......J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
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