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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....5. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this appeal under section 420 of the Code of Criminal Procedure, briefly, the Code, from the judgment and order of conviction dated 15.1.2005 of the Metropolitan Additional Sessions Judge, 4th Court, Dhaka in Metropolitan......rein it has been held that if the evidence of the prosecuting agency are found reliable, non-examination of seizure list witnesses would not stand in the way of convicting an accused. 7. We have noticed inherent neglect and laches on the part of the prosecuting agency in conducting the case fro...... Additional Sessions Judge convicted the appellant under item No.1 (kha) of the Table of section 19(1) of the Narcotics Control Act, 1990 briefly, the Act of 1990, and sentenced her with imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 months more...Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....posite parties in the Civil Revision Petition laid under section 115 of the Code of Civil Procedure (For short The Code). 2. By this Civil Revision Petition an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated su...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......n an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated suit by which a petition bestowed by plaintiffs-petitioners for amendment of plaint under Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ate. Md. Quayyum Chowdhury, Advocate - For the Respondent Nos.2, 3, & 4. Criminal Appeal No.4654 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the order dated 05.10.2005 passed by Nari-O-Shihu Nirjatan Daman Tribunal No.2, Dhaka in Nari-O-Shishu Case No......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......man Ain, 2000 (amendment of 2003), discharging the accused respondent No.2-4 Md. Shafiruddin Master, Mrs. Halena Begum and Shabiha Begum from the charge. 2. Prosecution case, in short, is that information's daughter Mahbuba Delowar @ Shuvra Moni aged about 15 years, passed S.S.C examination in ..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....inul Islam, (Sanu) Deputy Attorney-General-For the Respondent. Criminal Appeal No.3643 of 2005. Judgment Salma Masud Chowdhury J.-This appeal arises against the judgment and order dated 27.7.2005 passed by the Special Tribunal Judge No.1, Kurigram in Special Tribunal Case No......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......;nal Judge No.1, Kurigram in Special Tribunal Case No.37 of 2004 convicting the appellant under section 25-B(2) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 4 years and also to pay a fine of Tk. 1000/- in default to suffer rigorous imprisonment for..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....nt Syed Mahmud Hossain J.-This Rule was issued on an application for revision filed by defendant No.1. under section 115 (1) of the Code of Civil Procedure (the Code) against judgment and decree dated 21.4.1990 passed by the learned Additional District Judge, 1st Court, Bogra in Other Class (O.......ant No.2 and as a result, Miscellaneous Case No.84/13/74-75 was started. The Circle Officer (C.O) (Revenue) enquired into the matter and submitted a report to defendant No.2. Without serving any notice upon the plaintiff, a date for hearing of the Miscellaneous Case was fixed for 29.10.1975. As......t Attorney-General-For the Petitioner. No one appears- For the Opposite Party. Civil Review No.2497 of 1990. Judgment Syed Mahmud Hossain J.-This Rule was issued on an application for revision filed by defendant No.1. under section 115 (1) of the Code of Civil Procedure (the Code..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....rsons Bhupal Chandra Dutta, Binoy Dutta, Pronoy Dutta and Bijoya Dutta not guilty of charge staged against them and pronounced a verdict of acquittal upon them. Judgment of conviction and sentence is dated 6.3.2004. 20. Judgment of conviction and sentence now stands out to be the subject matter......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......tant Attorney-General - For State Respondent. Criminal Appeal No. 836 of 2004. Judgment AK Badrul Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....Criminal Appeal No.381 of 1999. Judgment Sayed Mohammad Ziaul Karim J.- By this appeal convict appellant Md. Abdul Hannan alias Khalil has challenged the propriety of the Judgment and order dated 31-01-1999 passed by the learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Pat...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......n Case No.43 of 1997 convicting the appellant under section 6(1) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred as Ain, 1995) and sentencing him to suffer imprisonment for life and further convicting him under section 9(ga) of the Ain, 1995 and sentencing him to suffe..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ormance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether the plaintiff is ready and willing at all material dates to perform his part of the contract…………………(31) Law under section 101 of......pport of his case. 24. No one appears on behalf of the defendant respondent No.3, RAJUK, in this appeal though this matter has been appearing in the list for a pretty long time and a written notice has been served upon the defendant-respondent No.3 by the plaintiff-appellant. 25. Mr. ...... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
.... Ain together,
it can be inferred that the legislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objection or any date fixed by the Adalat………………….(6)
When the
application was fixed for hearing......e on 12.05.1991 which was made final on 24.06.2003.
The decree holder bank put the decree in Execution being Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the date of
auction sale of......reading sections 32(1) and (2) of the Ain together,
it can be inferred that the legislature seemed to have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objection or any date fixed by the Adalat………………….(6)
When t..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....-Record for the Appellant (In Civil Appeal No. 217 of 2000). Not represented- Respondents (In both the appeals). Civil Appeal Nos. 216 & 217 of 2000. (From the judgment and order dated 16.08.1998 passed by the High Court Division in Civil Revision No. 455 of 1981.) Judgment ...... his father was the shebayet. He also stated that he himself cultivated a portion of the suit property and his bargadars cultivated the remaining portion. He also stated that he did not receive any notice for treating the suit property as enemy property. He further stated that the property has not......smissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the deity for all times to come. Even if a particular image be destroyed, the deity whose visible form the ima..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....
Civil Revision No.2986 of 2004.
Judgment
Md. Abdul Aziz J.- This Rule was issued calling upon the opposite party
nos.1-11 to show cause as to why the impugned judgment and decree dated
11.10.2003 passed in Other Appeal No.55 of 2002 by the learned Joint District
Judge, 2nd Cou......ily "Sandhan" and came to
know of the said notification containing order of her dismissal to her
surprise. The order of her dismissal having been passed illegally without
service of any show cause notice, giving her any opportunity of being heard and
beyond lawful authority and in violation of R...... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipar..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
..... No one — For the Respondents. Trade Mark Appeal No. 26 of 2001 Judgment Md. Awlad Ali J. - This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 7-8-2000 passed by the Registrar of Trade Marks rejecting an application in Form TM 55 filed o......ed the opposition. After the order dated 14-8-1993 passed by the Registrar rejecting the prayer for extension of time the Registrar should have fixed a date for hearing of the case giving the parties notice as envisaged under section 70(c) of the Act and Rule 38 of the said Rules. Having not done so...... November 30, 2005. Result: The Rule is disposed of. The Registrar of trademarks shall not exercise any power vested in him by the Act or Rules adversely to any party duly appeared before him without giving the parties concerned an opportunity of being heard. Cases Referred to-..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
...., Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his conviction and sentence under section 302 of the Penal Code by the Impugned judgment and order dated 9-9-2003 passed in Sessions Case No. 57 of 2002 arising out of Chunarughat Police Station Case......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.......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..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....p; Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 affirming t......Malek, the learned Senior Advocate in support of the petition submits, inter alia, that section 4(1) of the Act enjoins the government to enquire and satisfy about the assets of an accused but in the notice under section 4(1) issued by the Bureau of Anti Corruption it is stated that the Bureau ......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 &..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....a and publishing the same in the "Daily Cox's Bazar" on 31st July, 2002 by the Assistant Engineer, Zila Parishad, Cox's Bazar and Memo No-পৌর-২/উঃ প্রঃ (কক্স) 15-24/98/693 dated 23.7.2002 purportedly issued from the office of the respondent No.1 under the signature of Zak......inal to the disposal of the Zila Parishad is against the Government decision and public policy of the Government which will be crystal clear from Annexure-H. As such the impugned Memos and the tender notice for leasing out the Bus Terminal of Cox's Bazar Pourashava by the Zila Parishad is motivated,......or the Respondents. Writ Petition No.3785 of 2002. Judgment Afzal Hossain Ahmed J.-This Rule Nisi was issued calling upon the respondents to show cause as to why the Notice inviting tender for leasing out the Central Bus Terminal of Cox's Bazar Pourashava and publishing the same in the "D..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by the High Court Division in Writ Petition No. 5135 of 2004). Judg......ent, which is contrary to public policy. 40. Similarly, any agreement or its term which is in conflict with the public policy in respect of public service is illegal and void. 41. It has been noticed in the impugned judgment that the Bangladesh Telecommunication Act, 2001 was given effect ......nnek R Haque, Advocate (Joynal Abedin, Advocate with him), instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....
show cause as to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
International Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit Powered by......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
International Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit Powered by 200-220 BHP
Ma..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....l- For the Respondents.
Writ Petition No.4778 of 2003.
Judgment
Md. Ashfaqul Islam J.- This Rule was issued calling Upon the respondents to show cause as to why the impugned order dated 10‑7‑1969 passed by Deputy Magistrate and the Deputy Collector and Land Acquisition Office......ate father Md. Abed was the owner of 0.80 acres of land of CS Plot, No.64 and 645 in Mouza Joydebpur under the Police Station Joydebpur, District Gazipur. In pursuance of LA Case No62 of 1968-69 by a notice dated 10‑7‑69 under section 3 of the Emergency Requisition of Property Act, 1948, for the......isions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is a directory one or mandatory………..(5)
The provisions of section 5(7) if not performed earlier can be perfected, by performing subsequently by the authority regularising the same a..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
.... Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Case No.1......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......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 ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....ondent. Criminal Appeal No.622 of 2000. Judgment SM Ziaul Karim J.- By this appeal, convict appellant Sadeque @ Sadequr Rahman has challenged the propriety of the Judgment and order dated 22-9- 1999 passed by the learned Additional Sessions Judge, Narsingdi in Sessions Case No. 64......respect of a confession of an accused produced before a Court taken in accordance with law and purporting to be signed by a Magistrate. We are of the view that, having regard to the aforesaid facts noticed by the learned Judges it was at least injudicious to rely upon such confession without cal......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..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
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