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Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....d at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsely confess to have committed a crime w......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......which is exculpatory and proved beyond doubt his complicity in the murder of the victim. The learned Deputy Attorney-General 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...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....rhat in Sessions Case No.26 of 1984 arising out of Joypurhat Police Station Case No. 9 dated 26.2.81, convicting the appellant under sections 302/109 of the Penal Code and sentencing him to life imprisonment. Being aggrieved by and dissatisfied with the said judgment and order the appellant preferre......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......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.............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....of land which originally belongs to Afsin and Babar Ali and the suit property by amicably partition got by said Afsin, while he was owning and possessing the suit property, died leaving behind 2(two) sons namely, Kazi Abdul Hamid and Kazi Abdul Majid and wife Alhaj Bibi and daughters namely, Rahela ......004 and 13.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 and the case having been concluded on finding of facts as such no interference is called for in revision under Section 115 of the Code of Civil Procedure. In the result, the Rule ......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 ......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... Respondent. Reference Application Nos. 29-30 of 2003. Judgment Md. Abdur Rashid J— As the parties in the above references are the same and the questions of law referred to are also common, we heard them together and now, dispose of them by this judgment and order. 2. The q......ssessee does not appear to have claimed before the Deputy Commissioner of Taxes. Learned Commissioner (appeals) readily accepted such demand for rebate and calculation of the sales on the basis of so-called mark-up without however any reference to any law. The Appellate Tribunal found on the basis o...... 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;…………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any cons..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....fted land and the defendant No.1 and 2 got the said .10 decimals of land by way of deed on 28.1.03. The contesting defendants 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 p......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......also Reported in: 13 MLR (HCD) (2008) 193. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....proof The provision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material......entence, as such, the impugned judgment and order calls for no interference by this Court. 15. In the face of argument 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......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......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove 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..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
.... the undeserving mother to the detriment of the child. The child shall enjoy special protection and shall be given opportunity to enable him to develop physically, mentally, morally, spiritually, and socially in a healthy and normal manner with freedom and dignity, for the best interest of the child......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......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...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....to carry into effect the wishes of the parties in case where there were no matters of controversy between them. The plaintiff is entitled to maintain a Suit for Partition if his possession in some part of the joint property is admitted or established. Partition signifies the transformation ......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......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....Ilias (Md.) …………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind......nal order passed on 30-6-98 so, it did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned orders and, as such, no interference is called for with the same by this Court and, the Rule is liable to be discharged. 10. In order t......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. Result: The Rule is made absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between t......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...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....h Adalat, 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......and sentencing the accused appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 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......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...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... January 9, 2008. Result: The rule is discharged. Cases Referred to- Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11; Professor Abdur Rahim Khan and others Vs. Ministry of Industries and others, 7 BLT (AD) 313. Lawyers In......the petitioners. Md. Abdun Nur, Advocate - For the respondent No.3. Writ Petition No.1896 of 1999. Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents have been called upon to show cause as to why the respondents should not be directed to implement the decision...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......e is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ttara Model Town, Dhaka (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed some other documents for securing the loan. The petitioner obtained the loan with simple......dalat Ain, 2003. 2. The averments made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in order to complete the unfinished construction of his house on Plot No.......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....etitioners Vs. Nikunja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead hi...... 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......Case is also Reported in: 61 DLR (HCD) (2009) 509. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... it was the condemned-petitioner and none else who killed the wife and daughter was all along on the prosecution and it 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 ...... 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......ence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... (Bombay), 364; Ramdas Mukhopadhyay Vs. Uday Chand, AIR 36 (1949) Calcutta, 228 at paragraph 6, page 229; Satish Chandra Mookerjee Vs. Purna Chandra Dutt, 11 Indian Cases (1911) 696; Saudamini Vs. Jessore Regd. Loan Co., AIR 1926 (CAL) 1146; Central Exchange Bank Ltd. Vs. Ch. Dilawar Ali Khan, PLD 1......ocal agent and that under Section 5 of the Act of 1861 the very presence of an agent is necessary for this Court to assume jurisdiction over a case. It is submitted that the vessel M.V. PELEAS K called at Chittagong Port under the agency of the Opposite Party No.5 who gave a declaration under S......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....p;.Petitioners Vs. State………………..........................Opposite Party Judgment December 3, 2007. Result: The Rules are made absolute. Case Referred to- Moyezuddin Vs. State, 59 DLR 287. Lawyers Involved: Kh......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......in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court. In that light we are to examine the impugned judgment sought to be reviewed. Firstly, we find that the observation of the Court that the petitioner of Mi...... 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. ......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......lt: The review petition is allowed. The Code of Civil Procedure, 1898 (Act No. V of 1898) Order XLVII, rule 1 Review The scope to review a judgment is very limited and until and unless it comes within the four corners of the ingredients specified in Order XLVII, ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....in Nari-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.......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...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ocedure. When the trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering......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...... trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application f..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
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