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Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ty, similarly in 1984 by violating the provisions laid down in clause 29, 49 and 53 of the circular of the investment 1984, invested TK. 7,43,03,882/- with the 29 trading companies. The accused persons gave an opportunity to 31 business concerns to release their goods which were kept in the bank......quitted the accused respondents from the charge. It has been held in the case of Nagandra Chandra Sarker Vs. Aftab Uddin reported in 15 BLD (AD) 133 that interference with an order of acquittal is called for only when the evidence against the accused is unimpeachable and it's finding of facts of......aynaganj by order dated 13.11.1989 took cognizance of the offence under section 409 of the Penal Code and issued summons against the accused respondents. 5. Eventually the accused were put on trial in the Court of Senior Special Judge, Narayanganj to answer the charge under section 409 of t......rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ng toTangail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonm......rieved by the judgment and order dated 3‑8‑2004 passed by the learned Sessions Judge, the petitioners preferred this Criminal Revision before this court and obtained the Rule. 10. Now we are called upon to consider whether the learned Sessions Judge, Tangail is justified in passing the impu......eing No.29 dated 2‑3‑2004 against the accused‑petitioners and others. 3. After filing the charge‑sheet, the case was sent to the Court of the learned Magistrate, First Class, Tangail for trial where the GR case No.1 (Druta Bichar) of 2004 was started. During trial the learned Magistrate...... This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....la No.13 of 2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment......aying any heed to her he began to defer the matter. Finding no other alternative she brought the matter to the knowledge of her mother who without delay apprised her father of the matter. Her parents called the jail appellant to their house and asked him to marry her but he refused whereupon a Salis......other‑in‑law (elder sister's husband). The case was a fabricated one for the purpose of grabbing the land, which the minor jail appellant inherited on his father's death. On conclusion of trial the learned tribunal found the jail appellant guilty of the offence under section 9(1) of the ......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... (Criminal Revisional Jurisdiction) Present: Sikder Maqbul Huq J Nirmalendu Dhar J Rafiqul Islam Mollah (Md.)…………………Condemned Prisoner Vs. State…………………......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......92. 12. Mr. Shakhawat Hossain, the learned State Defence Lawyer appearing for the condemned accused, on the other hand, submits that there is no eye‑witness of the occurrence and, as such, the trial Court ought to have acquitted the accused. It is further submitted that there is no evidence o......ellip;………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....t of Special Tribunal No.1 Chuadanga in Special Tribunal Case No.72 of 1999 convicting both the appellants under section 19(f) and 19A of the Arms Act 1878 and sentencing them to suffer rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that P.W.1 ASI Md. Mosharraf Hossai......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......ction, 19A and 19(f) of the Arms Act. 3. The police after investigation submitted charge-sheet against the accused persons under section 19A and 19(f) of the Arms Act. At the commencement of the trial a charge under section 19(f) and 19A of the Arms Act was framed against the accused persons wh......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....intiff did not file the suit as the holder of power of attorney to establish the right, title and interest of the grantor of the power of attorney and hence the suit is not maintainable, that it is also not maintainable under section 53(A) of the Transfer of Property Act as the plaintiff is out of p...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......tested the case stating that the owner Syed Mahabubur Rahman was not present in Bangladesh at the time of liberation and accordingly, the property has been rightly declared as abandoned property. The trial Court held that the plaintiff did not file the suit as the holder of power of attorney to esta......; Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents Judgment March 27, 2005. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....he High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount personally by the petitioner himself is directory and not mandatory. Cases Refer......error is liable to be set aside. 6. In order to appreciate the submissions let us quote the relevant portion of Order 49 which runs as follows: "(49) (1) No election shall be called in question except by an election petition presented by a candidate for that election in acco......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......sent: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Saber Hossain Chowdhury.....................Appellant Vs. Bangladesh Election Commission and others.............Respondents Judgment March 22, 2005. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....Al‑Jehad Trust Vs. Federation of Pakistan PLD 1996 SC 324; S Israr Hossain Vs. Crown, 1954 PLD (FC) 313 = 7 DLR (FC) 19; Attorney General of Pakistan Vs. Abdul Hamid, 15 DLR (SC) 96; Sir Edward Snelson Vs. Judges, HC Lahore, 16 DLR (SC) 535; Saleem Ullah Vs. State, 44 DLR (AD) 309; Secretary, Mini......statute, or by implication of a statute that is, by having statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive evidence of that which is recorded therein."
The Corpus Jur......rohibits speech with reference to cause that is pending or is imminent in such a manner as to interfere with the course of justice and which provides for the punishment of such interference after due trial only imposes a reasonable restriction— reasonable in substance as well as in proced......others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakash, AIR 1950 All 556 (FB); AIR 1952 (SC) 152; AIR 1953 SC 195; 45 ..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....i Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The Rule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and ot......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......e within the definition of arms and the recovery of a dagger (Chora) and gachi dao from their possession will not attract the provision of section 19A of the Arms Act, and the accusation made and the trial held by the Tribunal and conviction and sentence given is without jurisdiction. He has argued ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Ali Hossen @ Ali & another……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
.....................................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Result: The Rule is made absolute. Cases Referred to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......nt suit on false contention and, as such, the suit is liable to be dismissed with cost. 4. Three witnesses for the plaintiff and 2 witnesses for the defendant No.1 were examined in the case. The trial Court considering the evidence adduced by the parties decreed the suit in favour of the plaint...... High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Latif Hawlader..................................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Re..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....hiruddin Mondal and others.........Petitioners Vs. State...................................................Respondent Judgment March 14, 2005. Result: The Rule is made absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam ali......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......in support of their defence case. 6. The defence case, as it appears from the trend of cross-examination, is that, the accused committed no offence and they are innocent and they prayed for trial. 7. The learned Additional District Magistrate, Sirajgonj, considering the facts and circ......(2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examined as prosecution w...... submitted the application to include the names of two persons in the column of charge-sheeted witnesses upon misconception of law that unless name appears in the charge-sheet as witness he cannot be called as witness. Be that as it may, question of further investigation of the case for including na......eet under sections 120B/324/326/307/302/34/109/292 of the Penal Code against 30 accused persons including the accused petitioner. The case was transferred to the Druto Bichar Tribunal No.1 for speedy trial and was registered as Druto Bichar Tribunal Case No.31 of 2004. During trial the Tribunal fram...... State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ormed that their wages and allowances would not be paid on that day. As a result the workers become agitated and started procession within the mills area. Later, SM Golam Rahman (respondent No.2) and some other workers and leaders brought the situation under control and the workers on receipt of the...... simple termination of service under section 19(1) of the said Act with all monetary benefits as admissible thereunder Therefore, termination orders were not connected with any of their alleged or so-called Trade Union activities and that the termination Borders were legal and valid. Hence, the case......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....J.- This is plaintiffs’ appeal by leave, against the judgment and order dated August 10, 2000 of a Division Bench of the High Court Division in Civil Revision No.446 of 2000 making the Rule absolute which was obtained against the order dated November 9, 1999 of the 4th Court of Subordinate ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ...... justice and equity in the given set of facts of the instant case having had tilted unfavourably against the defendant No. 52, the High Court Division was in error in setting aside the order of the trial Court rejecting the prayer of the said defendant to make construction in the land seeking par......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... .............Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
...., Dhaka is illegal, void and not binding
upon the plaintiff. The plaintiff alleged that the suit land originally
belonged to Priaya Nath Basak and others and on the death of Priaya Nath Basak,
his sons Nipendra Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and
Digendra Nath Basak became ...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... No.12 the decree obtained in Title Suit No.346 of
1877 was a fraudulent decree and this defenÂdant was not impleaded in the said
suit and accordingly prayed for dismissal of the suit.
5. The trial court framed necessary issues
and on consideration of the evidence on reÂcord came to the fi......: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....
Ed.
This Case is also Reported in: V ADC (2008) 271.
......nts the Assistant Registrar, Joint Stock Companies, Chittagong sought explanation from the appellant No.2 but the appellant No.2 failed to give any satisfactory explanation; the resolutions of the so-called extraordinary general meeting of the company held on 18-1-96 was filed as late as on 9-9-99 a...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......ase is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....itioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the pla......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... Miah instituted a suit in the year 1975 for Specific Performance of Contract. The defendant had no saleable interest in the suit land after the sale agreement with Mohammad Miah. 4. The learned trial Court was pleased to frame the following issues: (i) Whether the suit was maintainable in......h Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ice of voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose……â...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......ard to the petitioner purchase of the possession of the premises on payment of salami and continuing with his tenancy right independently and the ex parte decree against him has been set aside by the trial Court and the same has been reversed by the High Court Division and the same being a case of r......5. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....he behest of certain interested quarters. For proper utilization and management including power to sell off the land, Mrs. Rozario executed and registered a general power of attorney in favour of her son, Jacob Rozario and one Edward Purification on 14‑4‑1986. The attorneys of the original owner...... any substance in this Rule. 22. In the result, the Rule is discharged without any order as to costs. The interim order passed by this Court at the time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......angladesh, a Rule Nisi was issued calling Upon the respondents to show cause as to why (i) letter of allotment dated 19‑7-1993 issued by respondent No.2 allotting petitioners land by number as industrial plot No.30 appertaining to CS Plot No.177 of Begunbari Mouza, Tejgaon, Dhaka (ii) the Lease De......so Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....he learned Additional Sessions Judge, 1st Court, Kushtia in Sessions Case No.72 of 1990 convicting them under sections 302/149 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......charge‑sheet against all first information report named accused‑persons under sections 148/149/447/448/323/324/326/380/302 of the Penal Code. 6. Ultimately, the accused‑persons were put on trial in the Court of the learned Additional Sessions Judge, 1st Court, Kushtia to answer a charge u......orted in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
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