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Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......aban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of M...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......arned Advocate for the accused appellant, submits that accused appellant was arrested on 29‑2‑2000 and the charge sheet was submitted on 24‑4‑2000 and thereafter no charge was framed in the trial Court and since then the accused appellant has been in custody for about 2 years and it is ver..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....d body of Asaruddin on 14-6-84 and found the following injury- 1. One incised cut throat wound 6”x2” bone cut i.e. 4th and 5th cervical vertebrae obliquely placed and situated at the right side of the neck causing injury to the spinal cord. 22. Death, in his opinion, was due to......etrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. Th......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ...... alleged that the victim reported the occurrence to the informant and other witness before his death. 3. Upon the aforesaid allegations accused appellant Hazrat Ali Khan and 3 others were put on trial before the Additional Sessions Judge, Netrokona to answer charge under sections 302/34 of the ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....ut the informant and thereafter entered the hut where his father was saying his Magrib prayer on the plea of looking for a ‘Hukka’ and then he picked up a Dao and struck a Dao blow on the right hand of his father causing grievous injury. Thereafter the condemned prisoner came out of the ......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......ded time as he just came to know about his appointment on that date and the prayer for time was allowed. On the next date i.e. 14-6-93 the learned State defence lawyer filed an application before the trial Court stating that he found out after visiting the condemned prisoner that the condemned priso..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....d change is made, while in the latter case the power is limited and review is permitted only on very narrow grounds. We are therefore, of the view that, 1961 All W 244; (AIR 1966 All 326) (Supra) was rightly decided and our answer to the question, referred to us is as follows: ......Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......dvocates of the parties and made the Rule absolute dismissing the suit directing defendant to deposit Taka 85,000 being Taka 50,000 as earnest money and Taka 35,000 solatium within four months in the trial Court and the plaintiff will be at liberty to withdraw the same and in default the petitioners..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
.... and others…………..Petitioner Vs. State………………..Respondent Judgment December 12, 2001. Result: The petition is dismissed. Fugitive from law A fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order o......onvicting him to imprisonment…………………...(5) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not Represented‑The Respondent. Criminal Petition for Leave to Appeal No. 237 of 1998. (From the Judgment and Order dated 14th June, 1998 passed by......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......ivision in any manner and consequent thereupon discharged the Rule without entering into the merit of the Rule. The High Court Division by the same order directed the convicts to surrender before the trial Court to serve out the unserved portion of the imprisonment. 4. Mr. Md. Nawab Ali, learned ..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....ion and asked her to leave police Station. The Complainant-petitioner felt insulted and uttered that the accused could not oust anybody form Police Station and as a citizen of the country she got the right to know the reason of the arrest of Reporter Aminur Rahman Taj. The accused at the stage shout......Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, Farmgate, Tejgaon, Dhaka............P......g the procession and witnessed the physical assault and atrocity committed upon petitioner were enclosed. 7. It is stated here that on the order of the Hon’ble Minister-in-charge of Home Affairs accused nos. 4, 5, 6 and 7 stated in the Petition of Complaint stood suspended. The police aut......ction does not require any adjudication to be made out about the guilt or otherwise of the person against whom the complaint is preferred. The inquiry does not partake the character of a full dressed trial which can only be taken place after process are issued under section 204 of the Code of crimin..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
.... December 1, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 (i) An elected member of the parliament can not claim the right of being enlarged on bail on the ground of his membership in the parliament……&h......ground of his membership in the parliament………………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.&n......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......aders inside the jail on the night following 3‑11‑1975. Thereafter on completion of investigation police submitted charge sheet against this appellant along with others who are now facing trial in the aforesaid Sessions Case and by this time 7 witnesses have been examined. The appellant ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....The petitioners filed Title Suit No. 34 of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and thus respondent No. 2 had no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998......nbsp; Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for the same is mad......ly when petitioner stated that they filed an application under Order XXI rule 58(2) of the Code of Civil Procedure as their property was wrongly put to auction and they made out a case for proper and fair adjudication, the Miscellaneous case should not have been dismissed without giving a chance to ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... Bangladesh Legal Aid and Services Trust, hereinafter referred to as BLAST, is registered under the Companies Act, 1913. It is non profit trust and provides legal aid to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution. BLAST, on req......Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Khan and Md. Ekramul Islam- for the Petitioner. Taimur Alam Khandakar, Deputy Attorney General- for the Respondents. Writ ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......lam Khandakar, Deputy Attorney General- for the Respondents. Writ Petition No. 1341 of 2000 Judgment Md. Arayes Uddin J.- Rule was issued calling upon the respondents to show cause why the trial, conviction and sentence of the child to imprisonment for life inflicted by the Courts and Tri..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
.... act or continue as a Member of the Parliament or to sit or attend in any proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Rangpur 3 constituency and has a right to be represented in the Parliament by a qualified Member under the law and according to the w...... is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and sentenced to imprisonment for two years or more he incurs disqualification under Article 66 and shall vacate his seat automati......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......ll definitely come within the ambit of moral turpitude. There is absolutely no doubt in the same. The petitioner was the President of this country when he committed the act for which he was placed on trial and convicted and accordingly sentenced. 14. Mr. Rokanuddin Mahmud, learned Counsel..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
....thers....................Respondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jur......ondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the tit...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the title of the respective parties. ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....ef Act. The specific case of the defendant No. 1 was that plaintiff gifted the land described in Schedule 1(a) to him so that his sisters do not raise any claim on his demise and that to perfect that right the plaintiff filed Rent Suit No. 734 of 1954 in the Court of Munsif (now Assistant Judge) Cox......ve mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration of title was not maintainable………………&h......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......iff and the defendant No. 2 have no possession in the land in suit and that the defendant No. 1 is in possession of the land in suit. 4. The suit was dismissed by the trial Court on the findings (as to the relief as regard the land of schedule 1(a)). “It has be..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly absent in this case. ………&helli......nsidering the position that the appellant was a Secretary to the Government having multifarious duties. The High Court Division, it appears, has fallen on the appellant with heavy hands who had not a fair and even-handed treatment in that Division. It appears to us particularly from the aforesaid po......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....her declaration that the suit property is not an enemy property. 3. Defendant Nos. 1‑4 contested the suit filing jointly written statement and claimed leasehold right under defendant No. 5, the Assistant Custodian and Additional Deputy Commissioner (Revenue). ...... The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property. The ex......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......to the plaintiff within 30 days of the decree by an order of permanent mandatory injunction and an appeal therefrom was, however, allowed in part setting aside the impugned judgment and decree of the trial Court but declaring the right, title and interest of the plaintiff to the extent of 2 annas sh..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......m by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased Md. Golam Rabbani as informant which led t......ancellation of bail necessarily involves the review of a decision already made, and can by and large be permitted only if, by reason of supervening circumstances. It would be no longer conducive to a fair trial to allow the accused to retain his freedom during trial. Generally, grounds for cancellat......lation of bail necessarily involves the review of a decision already made, and can by and large be permitted only if, by reason of supervening circumstances. It would be no longer conducive to a fair trial to allow the accused to retain his freedom during trial. Generally, grounds for cancellation o..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
....ty. His further case is that the suit premises was previously rented out to one Abdus Sobhan and thereafter with the permission of the plaintiff, defendants predecessor Abdul Latif purchased bharatia right at a consideration of Taka 10,000 in 1370 BS and Abdul Latif continued to possess the premises......dvocate-on-Record—For the Petitioners. Sharifuddin Chaklader Advocate-on-Record—For Respondent No.2. Not represented—Respondent Nos. 1, 3-7. Civil Petitioner for Leave to Appeal No.1216 of 1997. (From the judgment and order dated 4-6-1997 passed...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......t Division and submits that the High Court Division failed to consider the case of the plaintiff-petitioners property and wrongly found the bonafide requirement was incidentally prayed for before the trial Court. 7. We have gone through the judgment of the High Court Division as well..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... by filing written statement denying all material allegations of the plaint and contended, inter alia, that the suit is not maintainable in its present form and manner and that the plaintiffs have no right, title, or interest over the suit property and, as such, they are not entitled to get the clai......cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......red Title Appeal No. 231 of 1997, which was heard by the 1st Court, of Additional District Judge, Dhaka, who by his judgment dated 11-3-99 dismissed the appeal and affirmed judgment and decree of the trial Court. 7. Mr. Mihir Kanti Majumder, the learned Deputy Attorney-General appearing for the..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......bsp; Judgment January 15, 2001. The Code of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to rema......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ...... Judgment January 15, 2001. The Code of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shi..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......etitioner was neither irrelevant nor unnecessary. Rather, it appears that it is necessary to avoid future complication. The High Court Division accordingly, did interfere with the order passed by the trial Court allowing the plaintiffs prayer for inspection.” 8. In the present case the pl..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......se and he has been convicted under section 8(2) of the নারী ও শিশু নির্যাতন দমন (বিশেষ বিধান) আইন, ১৯৯৫. The learned Advocate for the petitioner after taking us through the judgment and the statement of all the witnesses who w......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......েষ আদালত, নড়াইল in নারী ও শিশু নির্যাতন Case No.4 of 1998 should not be quashed. 2. It appears that the present convict petitioner faced trial in the above case and he has been convicted under section 8(2) of the নারী ও শি..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
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