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State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
.... Death Reference No. 17 of 2001 Criminal Appeal No. 1019/2001 Jail Appeal No. 1059 of 2001. Judgment AK Badrul Huq J. - This Criminal proceeding by way of Death Reference and, also, Criminal appeal and Jail appeal puts on display a paradigm how father and mother betrayed the ca......icy touch of death. Revolting and beastly incident took place on 8‑12-1999 in the house of Md. Awal Fakir where Rehana Begum was taken on a visit in the absence of her elder sister Tara Begum who called on in the house of one of her relations. 3. Following commission of crime initially, an ......und on right labial major and left labial major and cause of death was attributed to injuries caused. 5. A bird's view of prosecution case tabled in First Information Report and spelt out during trial was that, Tara Begum, wife of Md. Awal Fakir on 7-12‑1999 paid a visit to one of her relat.................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All En..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....;respondent-petitioners seek leave to appeal against the impugned judgment and order dated 8‑4‑2003 passed by the High Court Division in Writ Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance with law...... basis of the claim of writ‑petitioner in respect of case property is an unregistered Bainanama dated 25‑8‑1972 executed by one Abdus Sattar and on the basis of aforesaid so‑called Bainanama writ petitioner brought Title Suit No. 365 of 1985 in the 2nd Sub Judge Court for ......he Court of Settlement dismissing the case for default, must be held to be without lawful authority and to be of no legal effect and thus the case must be sent back to the Court of Settlement for trial. This view of ours gets support from a decision of this Court as reported in 45 DLR 304.&nbs......Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ....................Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....her principle of natural justice has been complied with or not and in disposing of a case Labour Court is duly bound to arrive at a finding to that effect. On the failure of the Labour Court to do so High Court Division can send the case on remand to the Labour Court to arrive at such a finding......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the impugned judg......ion (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.....Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....d LC under lien to and with Sonali Bank, Bangabandbu Avenue Corporate Branch defendant No.5 for further transaction including opening of back to back Letter of Credit for import of fabrics and accessories and export the above mentioned garments. The defendant No. 1 nominated the defendant Nos. 2......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......will be multiplicity of litigations. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX, rule 1 of the Code of Civil Procedure on 14‑6‑2000 and the trial Court issued an order of ad interim injunction restraining defendant Nos. 1‑4 from taki...... Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is auth......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......A Khatian No. 185 and the same has been prepared correctly, that the land in suit is being managed by the Government, that the plaintiffs have no possession in the land in suit. 4. The trial Court dismissed the suit on the finding that the plaintiffs have neither title to nor possess......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....old him that accused Foran Ali and Babul called her after the dusk when she was returning home and accused Foran raped her and Babul helped accused Foran. The informant thereafter lodged ejahar and also took his daughter to Senbagh Health Complex for treatment. The police upon investigation submit&s......old him that condition of his daughter was not good and Manik asked him to go back to his house. After coming home he asked Parul about the occurrence. Parul told him that accused Foran Ali and Babul called her after the dusk when she was returning home and accused Foran raped her and Babul helped a......heet under section 6(1)/14 of the Nari-o‑Shishu‑ Nirjatan (Bishesh Bidhan) Ain, 1995 against the present appellants. At the initial stage the appellant Foran was absconding but before the trial started he voluntarily surrendered. Then 6 (six) prosecution witnesses were examined including......p; Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Jud..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....ribunal Judge, Tribunal No. 4, Serajganj in Special Tribunal Case No. 48 of 2000 convicting the accused-petitioner under section 19 (f) of the Arms Act and sentencing him to suffer rigorous imprisonment for 8 (eight) years and also to suffer rigorous imprisonment for 5 (five) years upon convict......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 342 Since the accused petitioner has admitted his guilt not examination under section 342 is required while convicting and sentencing the accused on the basis of the same…….(5) Lawyers Invol..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....nd such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possession of the suit property in part performance of the contract and also being willing to perform his part of the contract the respondent is debarred from enforcing again......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......alf of the appellant in both the appeals and none appeared on behalf of the respondents. The learned counsel for the appellant after taking us through the leave granting order and the judgment of the trial court and also of the High Court Division made his submissions. He assailed the judgment and o...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003...Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....alma Masud Chowdhury J Abul Kashem Khan……………Petitioner Vs. State………………………………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, A......e officer who held the investigation earlier. 11. In view of our finding above we are of the view that the impugned order of the learned Tribunal discharging the accused was an outcome of his so-called judicial inquiry which was not envisaged in law. It is an abuse of the process of the Tribuna......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......d calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusing petitioner's narajee petition and thereby accepting the FRT submitted by the police and discharging the accused) in Nari‑o‑Shi..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....f 1960‑61 and duly received the deliver of possession and since purchase have been possessing' the same with right, title and interest thereto without any disturbance from any quarter and converted some of the land into salt bed and some portion as agricultural land and have been growing salt and ......e ends of justice which, in our opinion, is ordinarily relatable to an exercise of authority without jurisdiction. It will be, therefore, in a very rare case, that the High Court Division will feel called upon to exercise its jurisdiction under section 561 A when the party has already exhausted ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ra Mondal, Advocate - For Respondent Nos.2and 13. First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the......more or less 14.2118 acres along with other plots had been listed. Exhibit-3 is Standard Lease Agreement dated 6.4.1981 for residential property between Dhaka Improvement Trust on the One part who is called the Lessor and Manager, Bangladesh Bank, Dhaka referred to as Lessee of the Other part. In sc......vincial Government it was expedient or necessary so to do, for construction, betterment of roads, waterways or any other communications and the developments of areas for residential, commercial, industrial purpose or for establishment of parks, playing fields and open space for relief of congestion ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....al District Magistrate in CR Case No. 1080 of 1982 conviction the petitioners Abdul Jalil, Abdus Salam and Abdur Rahman under section 467 of the Penal Code and sentencing them to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonme......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......e against the convict petitioners and others on examination of the complainant and issued process. When the case was ready, he sent the case to the Court of Additional District Magistrate, Sylhet for trial and the Additional District Magistrate on receipt of the case record took up, the case for tri...... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....he case of the petitioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The petitioner used to pass different type sof bills of the Army personnel. One Harun-or-Rashid, ex‑Army man, filed a criminal case in the ......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The petition is dismissed. The Bangladesh Service Rules, Rule 72(a) There was no trial of the petitioner for allegation of the offence under section 161 of the Penal Code, 1860 read......llate Division (Civil) Present: Md. Ruhul Amin J A S Ahammad J MM Ruhul Amin J Shafiqul Islam………..............................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result: The petition is dis..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
.... Vice-Chancellor .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......‑1999 but the same was dismissed on 30‑6‑1999. The appellant‑Dhaka University paid the entire awarded amount of Taka 1,37,66,309 on 26‑8‑1999 by cheque. That the trial Court made the award a Rule of the Court on 8‑3‑1998 which was contested by the a......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done upon ratification by the company subsequent to its incorporation is always deemed to be th......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......llment was deposited on that very date and possession was delivered on April 3, 1993, although the suit was filed on March 23, 1993 and defendant No. 6 entered appearance on March 29, 1993, and the trial Court passed order to maintain status quo on April 3), 1993 and such hot haste activities sp...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
...., Dhaka and another………………………………Respondents
Judgment
August 11, 2003.
Result:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court havin......ven the power even to pass an order which may not be in conformity with the provisions of the Code of Civil Procedure relating to the execution of a decree, no interference with the impugned order is called for.
Heard the learned Advocates.
6. We have perused the contentions of the provisi......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......
Present:
Md. Tofazzul Islam J
AFM Abdur Rahman J
Amir Ali (Md.).........……………………Petitioner
Vs.
Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
.... registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wife ie plaintiff No.1 by executing a registered deed of Heba-Bil-Ewaz and plaintiff No.1 became the sole owner and was inducted into possession. The plaintiff No.1 let out the building standing on the....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......legal one as it was served before the expiry of the lease period. The oral gift by the plaintiff No.1 in favour of plaintiff Nos.2 and 3 is not legal and prayed for dismissal of the suit. 5. The trial Court examined 2 witnesses on behalf of the plaintiffs and one witness on behalf of the defend......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....r 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot ......0 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot and......ition by a Court. 23. The law authorising detention of a citizen is by any standard a drastic law inasmuch as on the strength of an order of detention a citizen can be put behind the bar without trial. Mention may be made that during the height of the Second World War in the United Kingdom only......also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... ABM Waliur Rahman Khan, Assistant Attorney General ‑ For the Respondent ‑ State. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14...... will while the other accused helped him in the matter. She claimed that she could recognise the accused-appellant and others in the light of 'kupi‑bati' as well as moonlight. She claimed that they called salish, but her husband filed the present case, as the salish men failed to settle up the mat......inst the accused appellant and three others, since prima facie case was made out against them under sections 6(1)/14, of the said Ain. 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 against the accused-ap......tate. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10‑1997, passed by the teamed Nari‑o‑Shishu Nirjatan Daman Special Judge..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....(1969) 2 AC 147; Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295; Ong Ah Chuan Vs. Public Prosecutor, (1981) AC 648; Wood Vs. Wood, (1874) LR 9 Ex. 190; 1985 Crl. L.J 359 (Bom); Marbury Vs. Madison, 2 L.Ed. 60. Lawyers Involved: Akhtar Imam with Syed Mamun Mahbub, Advocates-For Petit......1961-62 at the present market value of the property in question. Moreover at the time of moving the writ petition the legality or propriety of the requisition and acquisition of the case land was not called in question by the petitioner rather the grievance of the petitioner in her writ petitio......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
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