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State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....r Rahman Bhuiyan, the learned Advocate, being appointed by the State to defend the condemned prisoner, submits that the learned Judge of the trial Court has failed to assess evidence on record in the right direction and that he recorded the order of conviction and sentence without having adequate ba......l Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his convict......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......sh Rabi Das died in jail hazat and on conclusion of investigation work, charge-sheet was submitted against the sole accused Maku Rabi Das under section 302 of the Penal Code on 10-2-2002. 4. The trial Court also framed charge against the said accused person under section 302 of the Penal Code w..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......dvocate-on-Record- For the petitioner. Abdul Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 47 of 2004. Judgment &......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......ment in the prescribed form under section 4(1) of the Act but the accused petitioner did not turn up to comply and as such an F.I.R. was lodged on the basis of which a case was started and after trial he was convicted as mentioned above by the learned Special Judge and Additional Metropolitan S..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....Hafez Md. Mahafuzur Rahman deposed that as a Medical Officer of Gopalganj Sadar Hospital on 23.1.1996 he held autopsy of the dead body of deceased Salam and found, (1) one penetrating wound on the right side of the chest 1½" X 1½" X chest cavity, (2) one penetrating wound on the left side of t......rder dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further r...... Rafique she was recovered. Then her brother Salam took her away to Dhaka. For that he was killed. In cross-examination she stated that Rafiq wanted to marry her forcibly. She denied that he had affair with Rafiq. 19. P.W.13 Mizanur Rahman and P.W.14 Abdul Mannan testified that in their pre......en accused persons including the appellants as accused. Police after investigation of the case submitÂted charge sheet against fourteen accused perÂsons including the appellants, who were put on trial in the Court of Sessions Judge, Gopalganj, wherein at first charge was framed under section 3..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ...... August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without sett......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......id 57.96% of the final bill and the plaintiff received the amount without any objection. After such acceptance by the plaintiff without any objection, the suit was not maintainable on merit. The trial Court decreed the suit declaring the impugned letter of defendant No.1 dated 20‑9‑92, Exhi..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....zila Parishad and thus the same was colourable legislation. I think there is not much to add after what has been stated in the Judgments of the learned Chief Justice and Mustafa Kamal J, Mr. Ahmed is right in his contention that the provisions of Article 59 and 60 are limitations on the plenary legi...... Sharker is a parallel body to the elected body of the Union Parishad, rather, it is its supporting body, created in order to assist the development work, maintenance of law and order and constituted for smooth functioning of the Union Parishad, that the Gram Sharker would only assist the Upazila Pa...... intends them to be exercised in a right and proper way. Since Parliament is very unlikely to make provision to the country, this allows considerable scope for the Courts to devise a set of canons of fair administrative procedure, suitable to the needs of the time". (The underlinings are mine). (Quo......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....chedule of the plaint of the respective suits were acquired and, as such, plaintiffs have no title in the land in the suits, and that as the plaintiffs have no title in the land in suits they have no right to obstruct the excavation of the canal in the acquired land by filing the suits. 7. It......ri in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits. 3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......eals High Court Division passed an order of ad interim injunction for 8 weeks. The appeals were allowed by the order dated February 20, 1995 and an order of injunction was passed for 2 months and the trial Court was directed to dispose of the suits within that time. The present appellants got the sa..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
.... the D.Ws. Even the appellant at the time of examination under section 342 of the Code of Criminal Procedure did not disclose such defence case. Such belated defence case is doubtful. The Court below rightly and legally convicted the appellant. Therefore, there is no ground for interference with the......essions Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant and absconding accused Ful Banu under sections 314/34 of the Penal Code and sentencing to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer further rigorous imprisonment ......b put pressure on Anowara, who was not willing to miscarriage her first conception. The appellant forcibly caused the miscarriage. In cross-examination he stated that before marriage there was affair between accused Raqib and the deceased. Raqib, his parents and he (P.W.9) got the deceased admi......ng some act intending to cause her miscarriage. He himself investigated the case and after investigation submitted charge-sheet against the appellant and absconding convict Ful Banu. They were put to trial in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 3..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....used can be the sole basis of conviction if it is found voluntary and true. The confession made by the accused Sadeque @ Sadequr Rahman is voluntary and true so the learned Judge of the trial Court rightly convicted the accused, which calls for no interference by this Court. 11. To apprecia......dgment July 27, 2005. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whet......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... life and also to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case as projected in the First Information Report and unfurled at trial is that on 19-10-1991, since at 12-00 noon PW 1, Khandokar Md. Kamal Hasan was collecting tol..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....in preference to a Testimonial. He lastly submits with reference to the deposition of P.W.4 that when the marriage between the plaintiff and the defendant has not been established the trial Court has rightly dismissed the suit. 8. On the contrary Mr. Md. Harun-ar-Rashid the learned Advocate app......, Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 b......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......d 7 witnesses while the defendant examined 3 witnesses and both the parties produced some documents marked Exts. 1(a)-1(3) and Ka and Kha to prove their respective case. On recording the evidence the trial Court dismissed the suit on consideration of the same both oral and documentary. 6. Being..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....ection 101 of Evidence Act. 22. Section 101 of the Evidence Act runs thus: "Section 101—Whoever desires any Court while the defence examined none to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that the facts e......, First Class, Nawabganj in CR case No.39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this revision are that the ...... he committed no offence under section 6(5) (b) of the Muslim Family Laws Ordinance, 1961. He further submits that the prosecution witnesses are highly interested and, as such, their evidence are not fair and true; that the learned appellate Court did not realise this aspect of the evidence on recor......ra Dora, the learned Assistant Attorney-General for the State, submits that since the Kabinnama has not been proved and has not been taken into evidence so the case is to be sent back on remand for retrial in order to ascertain whether the second marriage has been executed and registered by virtue o..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......cord‑For the Petitioners. M Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed......t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ...... interference is called for with the order of the learned Joint District Judge allowing the prayer for amendment of the plaint. It has been contended on behalf of the petitioner that the order of the trial Court allowing the prayer for amendment of the plaint is cryptic and that lacks reasoning and,..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....g not entitled to get relief for aforesaid reaÂsons, non-consideration of the documents filed by him for granting the relief does not arise in view of the fact that the petitioner has no personal right either to the property, office and to any contract with the Rajshahi UniverÂsity and there w......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€......and heard the learned Counsels of both the sides at length. 14. Plaintiff filed the suit in the public inÂterest as a conscious citizen of the country to resist and protest the illegal and unfair apÂpointments of 546 3rd and 4th Class employÂees in Rajshahi University on 15.4.2004. He fi......ment June 25, 2005. Result: The Rule is made absoÂlute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consi..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, inter alia, that the plaintiff and defendan......ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in......t the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, inter alia, that the plaintiff and defendant were involved in love affairs and they ultimately, got married on 3-8-1986 and thereafter swore an affidavit before a notary...... decree set aside by filing an application under Order IX, rule 13 of the Code of Civil Procedure. After the restoration of the suit the defendant did not appear to contest the suit and this time the trial Court dismissed the suit on the sole ground that the plaintiff could not produce any paper in ..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....ion 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State Acquisition and Tenancy Act. In the i...... 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment ...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... land and their kabalas being collusive, invalid and without valuable consideration, they are not entitled to get relief in the suit which is liable to be dismissed with cost. 4. During the trial the learned Assistant Judge of the trial Court dismissed the suit by judgment and decree dated..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....t of the NOC, the JTV already spent Taka 108,43,09,300 for acquisition of land, construction of buildings, installation of various equipment, etc. But the JTV never received any fair play at any time right from the proposal submitted by it on 23‑11‑01 as it legitimately expected from the respond......ndent Nos.1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the responden......itted that upon receipt of the NOC, the JTV already spent Taka 108,43,09,300 for acquisition of land, construction of buildings, installation of various equipment, etc. But the JTV never received any fair play at any time right from the proposal submitted by it on 23‑11‑01 as it legitimately exp......1 and 2; and respondent Nos.3 and 4 should not be declared to have been made without any lawful authority and were of no legal effect and why they should not be directed to fix licence fees for terrestrial station/ transmission as per law. 2. Pending hearing of the Rule, the respondents were di..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....duct of convict-appellant disentitled him to be favoured with any verdict from this Court in respect of his acquittal of charge staged against him and appeal presented by convict-appellant demands outright dismissal. III. Prosecution could bring home charge against convict-appellant by way of S...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......hi Cottage Shop at Eskaton on 2‑12‑1992. D.Ws.3‑7 offered evidence that Mahbubuddin on 2‑12‑1992 from 9‑30 AM to 1‑15 PM had been before them in connection with his business and other affairs. 16. Evidence having been concluded accused Mahbubuddin was examined under section 342 of......tion HR Khan, also, raised accusing fingers towards his own daughter Soheli Hoque alias Khuku. Protest petition (Narajee petition) faced a legal death. 11. Mahbubuddin along with Md. Belal faced trial before Metropolitan Additional Sessions Judge, Second Court, Dhaka in Sessions Case No.3349 of..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)
....an is a relation of the petitioner and she came to visit her house. At the time of occurrence while the said witness was obÂstructing the accused persons, accused No.1 inflicted a Dao blow on the right side of the forehead of the witness causing blood injury. Other accused persons beat upon tw......between the petitioner and the accused opposite party No.1. The accused persons made an unlawful asÂsembly with a bad intention to do harm to the petitioner on the date of occurrence and enÂtered forcefully to the dwelling house of the petitioner situated in plot No.1332 under the Bakargathi M......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......ase was under jurisdiction of Bakerganj Police Station within the District Barisal, the District Magistrate, Barisal than transferred the case to the court of Magistrate, Second Class, Barisal for trial. During the trial the prosecution examined 6 witnesses and they were cross examined by the de..Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......5. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exerc......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......istrate passed the judgment on 26‑11‑1998 and the appeal was filed on 6‑9‑2001 after 1010 days of passing of the judgment of the learned Magistrate; that the accused person was present during trial taking bail from the Court, he absconded himself from 13‑8-1995 and that the accused pe..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....enting the hazards which could be created in the face of claims raised after lapse of long time. The law of limitation puts an end to state claims once and for all. It debars that party from claiming rights after expiry of the period of limitation and can well be used in defence, otherwise the matte......ued calling upon the Deputy Commissioner, Dhaka to show cause as to why the delay of 1710 days in filing the Criminal revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ...... something beyond control of the party. It must be determined by a reference to the circumstance of each particular case. 18. In the instant case, accused-petitioner was all along present in the trial Court as well as in the appellate Court. From the facts of the case, it appears that the judgm..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....of their sense of duty as mandated by Article 21(1) of the Constitution of the People's Republic of Bangladesh. It has further been asserted that the voters are of utmost importance and they have right to elect or reject a candidate on the basis of antecedents and past performance of the candida......thers............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (....... He submits that our is a Republic and our Constitution provides for government with consent of the People and such Government is only possible when they can elect their representatives by free fair and transparent election. But unless they have knowledge about the particulars stated in Paragr......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
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