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Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
....quirements of law. 5. The Administrative Tribunal, after hearing both the parties and on consideration of the materials on record, allowed that A.T. case on the ground only that there was a criminal case pending against the petitioner on the selfsame allegations and in that circumstances t...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ......ly to that second show cause notice also but the authority without considering his reply passed the impugned order of his dismissal and also directed him to deposit Taka 19, 45,000 to the Government Treasury. The petitioner preferred a departmental appeal against that order and as the departmental a..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......claration of title and that suit, if brought within 6 years from the date of such invasion, is well within time. The argument that this suit being filed within 6 years from the date of alleged threatened invasion on plaintiff's right on the basis of wrong entry of the suit land in records o..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....she had some form of relationship (সম্পর্ক) with the defendant even before solemnization of marriage as quoted earlier. She made similar statements in her complaint petition of the criminal case (Exhibit-A). Other PW's are silent about the pre-marital relationship, but they st....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......dified the judgment and decree dated 2-9-2010 passed by the Family Court, Manda, Naogaon decreeing Family Suit No. 132 of 2008. 2. Plaintiff Mossamat Beautiful Bibi, instituted the suit for realization of her unpaid dower and for the past maintenance for a specific period for herself and h..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... for extension and that he remained in abscondence as a fugitive from justice. 7. Now the first question is whether a confessional statement of co-accused can be used to prove the charge of criminal conspiracy under section 10 of the Evidence Act. It is argued on behalf of the accused pers...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......of 2004) Judgment Md. Muzammel Hossain CJ. - I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha, J and Md. Abdul Wahhab Miah J. I agree with the reasoning and findings given by Md. Abdul Wahhab Miah, J. Surendra Kumar Sinha J. - I have had ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... demanding dower of Taka 5 lakh in order to go to London. 5. Since the complainant refused to comply with his demand, the accused appellant forcefully sold out her gold made ornaments and also threatened to divorce her and get married again. On the date and time of occurrence the accused a..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
.... in Criminal Appeal No.5250 of 2009). Judgment Syed Mahmud Hossain J. - Delay of 266 days in filing Criminal Petition for Leave to Appeal No.210 of 2011 is hereby condoned. 2. Both the criminal petitions for leave to appeal are directed against the judgment and order dated 3-8-2010 pa......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......with the Gulshan Police Station on 10-12-2007 alleging that the respondent and his wife committed offence under sections 26(2) and 27(1) of the Act, 2004 and Rule 15(Gha) of the Emergency Power Rules read with section 109 of the Penal Code by giving false statement of wealth to the said Commission b..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......Ng Yuen Shiu 1983 2 AC 629); R Vs. SOS for the Home Department Ex P Ruddock, 1989 1 WLR 1982; (R Vs. North and East Dewan Health. Authority ex-PCoughlan 2001 QB 213;R Vs. SOS Home Department ex-P Hargreaves, 1997 1 WLR 906; Schmidt Vs. Secretary of State for Home Affairs, 1969 All ER Vol. 1904; Laws..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....iled by the minor girl's mother Rina. She alleged that she was raped by Sharif Mia, which resulted in the birth of the minor girl and thereafter a marriage took place in a compromise process. The criminal case ended in acquittal of Sharif Mia. 7. But he did not stop there. He filed a civil ......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......tion additional evidence may be taken in revision within the purview of the expression "the High Court Division may make such order in the case as it thinks fit" occurring in section 115(1) read with section 151 of the Code……………….(8 & 9) L..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....ments upon realizing been mortgaged. Any money so realized is to be handed over to the rightful heirs and successors in the business of Sree Ram Krishna Nath." 7. After disposal of the said criminal appeal by this Court, the petitioners herein who are the legal heirs of deceased Ram Krishn......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......rty was not an abandoned property, struck down the execution case subject to payment of the decretal amount to the Bank directly by the appellants and directed the Government to release the property treating Title Suit No. 508 of 1982 filed by the appellant as withdrawn being infructuous…&hel..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....ty of the accused with the crime of throwing acid. Prosecution utterly failed to bring home guilt to the accused beyond reasonable doubt…………..(52) Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of t......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......gent, convincing and unimpeachable evidence on record to prove the complicity of the accused with the crime of throwing acid. Prosecution utterly failed to bring home guilt to the accused beyond reasonable doubt…………..(52) Legal evidence in a criminal trial is th..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......n 339C of the Code, the accused did not enjoy an unqualified right or privilege or facility of stoppage of proceeding and release if the trial could not be completed within 270 days. His right was commensurate with the right of the prosecution to revive the prosecution. It cannot be the intenti......llowed on the prayer of the accused-opposite parties on all false pleas to intentionally pass time for the trial as contemplated under section 339C(4) of the Code. Secondly: The State was always ready and willing to conclude the trial within the specified period as provided under the law but du..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
.... 11 and 12 of 2005. (From the judgment and order dated 21st of March, 2005 passed by the High Court Division in Contempt Petition No.118 of2004) Judgment Md. Imman Ali J. - These three criminal appeals, being appeals as of right under article 103(2)(c) of the Constitution, challenge t......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......on of the Supreme Court of the Bangladesh, filed an application for drawing up proceedings for contempt of court under Article 108 of the Constitution and section 2 of the Contempt of Court Act, 1926 read with section 151 of the Code of Civil Procedure against the concerned reporters, editors and pu..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ....... 4. The High Court Division has discretionary power to grant an accused person on bail even in respect of serious offences like the one but it should not exercise its power if there appear reasonable grounds for believing as visualized in prohibitory part of section 497(1) of the Cod..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....ver, has authorized the government to suspend the Chairman in certain circumstances mainly 1. where any proceeding has been initiated for the removal of the Chairman under section 12; or 2, where any criminal proceedings of any law have been started against the Chairman; or 3. where on an inquiry by......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......e way it has been formed". In the said case the Appellate Division accordingly found "we have decided not to interfere with the judgment and order of the High Court Division not because the reasonings given by the learned Judges were correct but because the basis on which the govern&s..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... 26-8-2007 praying for being added as parties in that succession case. The Court allowed that application vide order dated 12-11-2007 and fixed 2-3-2008 for recording evidence of both the parties. Thereafter, the Court recorded the evidence of the opposite party No.1, Mariam Begum since the petition..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......No.1, the loanee became defaulter and in spite of several reminders did not repay the loan amount and by lapse of time the dues stood at Taka 28, 59,333 as on 27-4-2003 including the interest and for realizing the same, the suit was instituted. In the four corner of the plaint, nothing was stated in..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......se destabilises the normal pattern and usurp the discretion meant to be set apart for the lower courts, but also because it is the courts at the lowest strata that can deal with the matter with greater precision as it would normally have the relevant papers before it. Converting the High C..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....Leave to Appeal No.389 of 2010. (From the judgment and order dated 14-2-2010 passed by the High Court Division in Criminal Appeal No.1691 of 2001) Judgment Syed Mahmud Hossain J.- This criminal petition for leave to appeal is directed against the judgment and order dated 14-2-2010 pas......doctor as to age is belied by the fact that his report shows the taking place of menarche one year back. In context of development of girls in Bangladesh the age stated by the victim would be more commensurate with menarche having started one year previously. 17. The accused-petitioners having ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
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