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Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....e of PWs 7 and 8 does not reduce the weight of the other evidence adduced against the accused, for the offence charged. 25. Thus in view of the matters aforesaid in our opinion the trial Court has rightly found the accused appellant guilty of rape as charged in contravention of section 6(1) of th......588 of 1996 convicting the (accused appellant) under section 6(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter shall be referred to as the Ain) and sentencing him to imprisonment for life. 2. The prosecution case is that the informant on 18-11-1996 in good faith at the sugges......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......edure Code and finally submitted charge-sheet against the accused as prima-facie case under section 6(1) of the said Ain was made out. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge under the aforesaid sect..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribunal, Chittagong, in Special Tribunal Case No.146 of 1997 rejecting the prayer of the accused appellants for discharging them under section 241A of the Code of Criminal Procedure and framing charge agains......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......ubmits that of the accused 13 in all as mentioned in the charge-sheet, the number of the absconding accused is 6 of them 3 accused namely, Jamal, Yunus and Abu Bakkar had never appeared before the trial Court since no warrant of arrest was ever served upon them though under the provisions of sec..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......d Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....s described in the schedule 'A' to the plaint and that are in possession thereof. Further case of the plaintiffs is, that some greedy persons of the locality to grab the properties on denial of the right of the plaintiffs got the properties described in schedule ‘A' declared as evacuee/enemy pr......titioners. KZ Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No.1. Not Represented‑Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This p......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......operties of schedule 'A'. 8. It may be mentioned the suit was finally contested by the defendant No. 1 Government of Bangladesh and defendant No. 5 Rashamoy Pal who figured at the time of trial as DW 2. On behalf of the defendant No. 1 local Tahsilder deposed as DW 1. One of the plainti..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....justice, direct, a retrial. There may be other extenuating circumstances which may impel a court to take a lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, ho......irjatan Daman Case No.40 of 1999 convicting the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was le......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......including the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The case was sent to the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Jhalakati for trial. 3. The prosecution examined 10 witnesses but the defence examined none. The defence case a..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....rt executed a false kabuliat in favour of complainant's 'fufushashuri', her minor grandson, the wife of the petitioner and the sister of the wife of the petitioner purported to create some tenancy right in respect of lands belonging to the recipients of the kabuliyat in order to defraud the reci...... July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to-......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......aid prosecution case the appellants and 7 others were called upon to answer the charge framed under sections 468 and 468/109 of the Penal Code. The accused claimed to be innocent. On conclusion of trial the Upazila Magistrate by the judgment and order dated October 10,1988 convicted appellant No..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....tified the dead body of Hazera Begum. Hazera Begum was wearing a green half-pant and white yellow print blouse was found twisted in her neck and injuries were found on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the informant Ali Ahmed lodged F...... J. - This reference being Death Reference No. 28 of 1998 has been made by the learned Judge. Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narsingdi under section 374 of the Code of Criminal Procedure for confirmation of sentence of death by hanging by neck till his death while convicting Harish unde......ion are necessary in case of long detention of the accused in the police custody before the confessional statement is recorded. This is all the more important in the case of an accused belonging to a fair sex. It is the bounded duty of the recording Magistrate to try to ascertain whether there was a......ishable under section 6(4). Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. The charge was read over to the accused persons to which they pleaded not guilty and claimed to be tried. 5. At the trial the prosecution produced 19 witnesses in all to prove the charge against the accused persons a..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....85 was or not, which could only be decided in properly constituted suit at the instance of the defendant petitioners. It therefore held that the Assistant Judge considering this aspect of the matter rightly held that there was no scope for framing issue as suggested by the defendant petitioners in ......….Respondents Judgment June 24, 2002. Result: The petition is dismissed with observation. The Specific Relief Act, 1877 (I of 1877), Sections 54 & 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not......he who seeks equity must do equity' implies that 'a seeking an injunction must come to court with clean hands' and therefore he has to satisfy that his acts and dealings in the matter have been fair, free from any taint of fraud and illegality. The High Court Division having not considered the......r case that Radhika died long before the date of execution of the deed in favour of the plaintiff‑respondents and that the plaintiff‑respondents deed was a forged one. The suit was decreed by the trial Court. The defendants then preferred an appeal which was allowed. The revision petition being ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
.... the date of occurrence and even to day we are of the view that the girl not being an accused has been illegally and improperly detained in judicial custody and when prima facie she is minor it is right and proper that the girl should stay with her parents and as she is not an accused she cannot......tate and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......s that his daughter Masuda Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamu..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....t of Newfoundland, (1916) 2 AC 610, British Coal Corporation Vs. The King (1935) AC 500, Robinson Vs. Minister of Town and Country Planning, (1947) KB 702, Liversidge Vs. Anderson, (1942) AC 206, Copyright Owners Reproduction Society Limited Vs. EMI (Australia) Pvt. Limited, (1958) 100 CLR 597, Adeg......e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC...... heading there was another box caption, which contained an apology and explanation of the editor of the daily 'Manabjamin' to the effect that "This unusual report is not exactly based on fairy tale but it was composed on a true incident. For understandable reasons it has been printed in......ministration of justice. Reading the report a conscious citizen who keeps information about important events happening in the country is left in no doubt that the report refers to the famous criminal trial popularly known as "Janata Tower Case" which was pending in the appellate jurisdicti..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....d person, have suppressed the fact and the medical certificate, which was proved in the court, and marked as Exhibit 3, disclosed the offence of rape and since it is a heinous offence the trial Court rightly convicted the accused appellants and the appeal should be dismissed and the judgment and ord......Additional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur in Nari‑o‑Shishu Nirjatan Daman Case No. 66 of 1997 sentencing the appellant to suffer imprisonment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan wa......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......e convict appellant under sections 6 and 14 of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The case was sent to the Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur for trial. 4. The case was tried by the learned Additional Sessions Judge and Judge, Nari‑o‑S..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......irjatan Doman Bishesh Adalat, Jhalakathi in case No. 35 of 1999 convicting appellant No. 1 Md. Alam under sections 9 (Kha) and 9(Ga) of the said Act and sentencing him to suffer rigorous imprisonment for 9 (nine) years and also to pay a fine of Taka 5000 (five thousand), in default, to suffer rigoro......াতো দাদী, আসামী মনির আমার দুর সর্ম্পকের চাচা।” It is suggested specifically by the defence that Salma Aktar having love affairs fled away with the accused Alam and got herself married with him willingly and that they had b......on 3-8-1999 after submission of the charge sheet and on that very day, her statement was recorded by the Magistrate, First Class under section 164 of the Code of Criminal Procedure. 4. The learned trial Court appears to have framed charge against the principal accused Md. Alam under section 9(Kha..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....pearing on behalf of the petitioners, led us through the judgment of the High Court Division and submits that in the earlier suit present petitioner No. 3 Mosammat Jobeda Bibi was not a party and her right in the suit land has been affected by the earlier decree and challenging that decree the prese......on Record ‑For the Petitioner Shahidul Islam, Advocate instructed by Md. Nawab Ali-Advocate-on‑Record ‑For Respondent No. 1. Not represented-Respondent Nos. 2‑86. Civil Petition for Leave to Appeal No. 638 of 2000. Judgment Mahmudul Amin Choudhury CJ.- This petition for......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......ow submitted that the petitioner No. 3 Mosammat Jobeda Bibi though was a party but no notice was served upon her but from the perusal of the available materials the High Court Division found that the trial Court before disposal of the earlier suit found that all the notices/summons were duly served ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
.... Aich. Bijoy Krishna relinquished his claim in his paternal property. Thus Ava Rani Aich and Dharanindra Aich remained in possession of the suit property of late Binayendra Aich in assertion of their right, title and possession thereon. The record of right was finally published in the name of their ......s by special leave are directed against the judgement and order of the High Court Division in Civil Revision Nos. 2407 and 7793 of 1991 dated 15‑1‑1995 making the making the Rules absolute in the former and discharging the Rules the latter. 2. These appeals arose out of two ti......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ...... against Title Suit No. 133 of 1981, Title Appeal No. 20 of 1999 was filed. Both the appeals were heard together and dismissed by the District Judge, Comilla affirming the judgement and decree of the trial Court by his judgement dated 18‑3‑1991. Against Title Suit No. 172 of 1985 no appeal was p..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
.... suit was not maintainable in its present form; that the aforesaid recorded owners Upendra Nath Paul and Nripendra Nath Paul left for India permanently and, as such, the property in question has been rightly declared as an enemy property and subsequently as vested and non resident property; that the......in Civil Revision No. 323 of 1994). Judgment Syed JR Mudassir Husain J.- This appeal has arisen out of leave granting order dated 7th June, 1998 passed in Civil Petition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......vernment (present respondent Nos. 1‑3) also contested the suit by filing separate written statement supporting the case of defendant No. 2 as made out in their written statement. 6. The trial Court decreed the suit holding that Upendra Nath Paul and Nripendra Nath Paul, the father, and..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....1927 they orally settled the land with Hafizur Rahman Bhuiya alias Habu Khalifa, father of the plaintiffs at a rental of Taka 4 and put him into possession. Habu Khalifa possessed the land in his own right by raising dwelling house and living therein with his family up to 1965 when he died leaving t......……………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......and adduced number of papers and documents, which were marked as exhibits No. 1 to l.(Ga), 2 to (Ka) and 3 while said defendants examined five witnesses and adduced exhibits No. K to Nio. 7. The trial Court decreed the suit as prayed for. On appeal, the Court of appeal dismissed the appeal and ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... March 18, 2002. The Code of Civil Procedure, 1908 (V of 1908), Section 115 (i) Surrender of an under tenancy right need not be in writing but it may be inferred from the act and conduct of parties as well. ...... Mainur Reza Chowdhury J.- This appeal has arisen out of leave granted by this Division in Civil Petition for Leave to Appeal No. 353 of 1995 against judgment passed by a Single Bench of the High Court Divi...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... of the original tenants in 1333 BS. The defendants subsequently got the suit land by means of deeds offer and they have since been in possession thereof. 3. Both the trial Court and the appellate Court on consideration of the facts and circumstances of the evidence ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....; 3. During the pendency of the said preemption proceeding, the purchaser respondent No. 1 (pre-emptee) filed an application under Order VII rule 11 of the Code of Civil Procedure for out right rejection of the pre‑emption proceeding on the point that it was barred by law inasmuch ......on of the pre‑emptee under Order VII rule II of the Code of Civil Procedure. 2. The late Alfazuddin Mollah, the predecessor of the present appellants as co sharers, filed the aforesaid miscellaneous case under section 96 of the State Acquisition and Tenancy Act, 1950 against ......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......s an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly ……&..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... 3. The decree holders contested the application of the judgment debtors stating, inter alia, that the judgment debtors and their engaged lawyer had knowledge of the execution case right from 20‑5‑1992 and the notices were duly served upon the substituted heirs of the ...... Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 993 of 1999. (From the judgment of the High Court Divis...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......961 in the Court of the then Munsif, Cox's Bazar against the petitioners for declaration of his title to the suit land and for khas possession after demolition of the structures standing thereon. The trial Court decreed the suit of the plaintiff‑respondent by his judgment and decree dated 14&#..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......enant has paid the rent within time under section 19 (Ka). Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑For the PetitionerNot represented‑The Respondent. Civil Petition for Leave to Appeal No. 1001 of 1999. Judgment Mainur Reza Chowdhury J: The plaintiff resp......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......thin the time as laid down in section 19(Ka) i.e. within 15 days of refusal and the High Court Division correctly noticed that this fact escaped consideration of the courts below. It appears that the trial Court and the appellate Court wrongly decided the case holding that the plaintiff respondent..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
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