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Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
....e, 1860 (Act No. XLV of 1860); section 294A Gambling, its meaning, extent and status under law a) any game that is played for money, wager or stake or in other words played risking money or something of value for a chance to win a prize is gambling. b) the Nupun Khela including 1-10, ......h may extend to six months, or with fine or with both. 12. Reverting to the case, it appears that the petitioner keeps a ‘common gaming-house’ at his club premises for offering games called Nipun Khela i.e. 1-10, 1-8, Charchari, dice and Howji to be played by the members of general ...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......zaman J Md. Jafar Ullah...................Petitioner Vs. The People’s Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others................Respondents Judgment June 18, 2014. Result: The Rule i..Category: Others | Date: 28 Jun, 2014 | Hits: 91
....ent
June 20, 2014.
Result:
The Petition is dismissed.
Fact to prove
Under section 106 of the Act when any fact is especially within the knowledge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
......11 (Ka): Nari-o-Shishu Nirjatan Daman Ain, 2000.
5. Thereafter, on 13-3-2004 the accused petitioner surrendered before the Tribunal and obtained bail.
6. During trial charge was framed under section 11(ka) of the Nari-o-Shishu Nirjatan Daman
Act, 2000 agai......ecially within the knowledge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where the wife has been found killed in the house of the husband where they reside together. In such circumstance, the husband will have to prove by positive evi..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....2 and defendant Nos. 3-43 as residuaries: that during pendency of the suit by amendment of the plaint, the plaintiff added schedule No. 7 and claimed share alleging that the lands of schedule No. 7 also belonged to Amjat Ali which he purchased in the benami of defendant No. 1; that the defendant No.......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ......s and circumstances of the case found prima facie arguable case in favour of the defendant No. 1 and allowed the application for temporary injunction by setting-aside the judgment order passed by the trial court which was not a proper order in accordance with law and fac. 18. He next submits th......: 68 DLR (HCD) (2016) 179 ..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....diction) Present: Quamrul Islam Siddique J AKM Zahirul Hoque J State.................................Petitioner Vs. Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejecte......he sons of the informant, namely, Sohag (P.W.2), Sohan and Shuvon @ Shuvo (deceased) were playing on the pucca road in front of the shop of Shafiqul (P.W. 8). At about 7-30 pm, accused Md. Sajjad Ali called the younger son of the informant, namely, Shuvon with the promise to offer him biscuit and ca......ection 164 of the Code of Criminal Procedure and Sohag under section 164 of the Code of Criminal Procedure. 7. The record was transmitted to the Court of the learned Sessions Judge, Rajshahi for trial. 8. The case was numbered as Sessions Case No.609 of 2007. 9. The learned Sessions J...... Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. S..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
.... 2. The case was initiated pursuant to an FIR lodged with the Golapgonj police station, Sylhet by an officer of the Durnity Daman Commission for misappropriation of Taka 4, 08, 37,973 against five persons who were then working-at Rupantorita Prakritik Gas Company Limited for producing Liquidified Pe......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......heet against him. In this case the investigation officer has. found prima-facie case against the petitioner. In view of the above, the High Court Division is justified in maintaining the order of the trial Court which has legally framed charge against the petitioner on finding that the materials on ......san Foez Siddique J AHM Shamsuddin Chowdhury J Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014. ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....imala the occurrence of this case was taken place. The permission either in written or oral was mandatory for the field officer for laying down a trap and every law and Rule is enacted in a civilized society to obey it and to serve the best purpose of the people and not to violate it and if the law ......en the leader of the trap party and the accused was inimical before the occurrence of this case. So, the bonafide act of the leader of the trap party in order to discharge his official duty cannot be called in question to save the accused from the grip of the case. 13. He next submits that it i...... 10-4-2007 corresponding to GR No. 232 of 2007 were started. The case was investigated by P.W. 12 Md. Helal-uddin Sharif, who on completion of the investigation submitted report recommending the trial of the accused under section 161 of the Penal Code read with section 5(2) of the Prevention of......; ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declaration of ti......eave-petitioner to the effect that the High Court Division was wrong in making the rule absolute ignoring the concurrent findings and decision of the courts of facts relying on Exhibit-6 and other so-called decrees which were not at all binding upon the plaintiff; that the High Court Division, on mi...... have had any right, title and possession in the suit land. That the suit is liable to be dismissed and the decree passed in Title Suit No. 173 of 1964 also is liable to be declared void. 6. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. The app......mun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June 5, 2014 Result: Thi..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....ould have retrospective effect and, as such, should apply to the petitioner retrospectively. This retrospective application of the amended definition of "defaulter-borrower" may also be viewed as subsequent withdrawal of exemptions by the amended definition of 'defaulter-borr......ow: In Writ Petition No. 9158 of 2012, the petitioner was the Managing Director of two limited companies, namely Mystic Pharmaceuticals Limited and Russel Lodge Holding Limited (hereinafter called "Mystic" and "Russel Lodge"). In Mystic the petitioner was the holder of ......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....rs have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
The decisions of the arbitration is subject to review by the Court, either at the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceedi......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......C (HCD) (2010) 330
......t the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties by signing it in open eyes and there were no allegation of fraud practice upon the plaintiff.
As per section 10(2) of the ..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas dated 23-6-1994 to the pre-emptee-opposite party Nos.1 and 2 of wh......ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... executing a nadabipatra in favour of the opposite party No.2 and that the opposite party No.2 being a co-sharer in the case land the application for pre-emption is not maintainable. 5. The trial Court dismissed the case for preemption taking a wrong view that pre-emption was sought f...... ..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....r referred to as the opposite parties) were not entitled to the money claimed in the Memo dated 29-6-1991 vide No. ৩৩০৩/আই/সৈয়দ/পরি-১/৯০-৯১/১৯৯৯ and also to dispose of the audit objection in his favour in the light of the order passed by the Trib......istrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No.201 of 2005).
Judgment
Md. Abdul Wahhab Miah J. - In this petition for leave to appeal, the petitioner has called in question the decision dated the 12th day of November, 2009 given by the Administrative App......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......oez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others………........Respondents
Judgment &nb..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....llip;….................Opposite Party Judgment May 19, 2014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes includ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......gment will govern both the Revisions. 4. In Civil Revision No. 4153 of 2012, the petitioner (plaintiff) Mossammat Beautiful Bibi alias Beauty has challenged the modification of the decree of the trial court by the appellate Court to the effect that the plaintiffs son Md. Biman is not entitled t......ade absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes including determination of parentage The DNA report contains the analysis of data of the child and also of both plaintiff and defendants-- "The putative father Md. Saydur Rahman is the ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....2004) Judgment Md. Muzammel Hossain CJ. - I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha, J and Md. Abdul Wahhab Miah J. I agree with the reasoning and findings given by Md. Abdul Wahhab Miah, J. Surendra Kumar Sinha J. - I have had the......s involvement with the killing of the deceased. And the finding of guilt of the Tribunal in respect of Ataur being based on proper consideration of the evidence of the P.Ws., .no interference is called for with the judgment and order of the High Court Division dismissing the appeal of accused-A......co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents Abd...... 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas dated 23-6-1994 to the pre-emptee-opposite party Nos.1 and 2 of wh......sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... executing a nadabipatra in favour of the opposite party No.2 and that the opposite party No.2 being a co-sharer in the case land the application for pre-emption is not maintainable. 5. The trial Court dismissed the case for preemption taking a wrong view that pre-emption was sought f......4) 315. ..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....ite parties for partition of the suit land described in schedule to the plaint. The case of the plaintiff, in short, was that the suit land originally belonged to Alimuddin Bhuiyan-who died leaving 5 sons, namely, Abbas Ali Bhuiyan, Amir Uddin Bhuiyan, Hossain Uddin Bhuiyan, Ali Azam and Abdul Aziz ...... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ...... plaintiffs, therefore prayed for declaration also that the alleged deed of partition dated 15-6-1935 was forged, fabricated, not acted upon and not binding upon the plaintiffs. 7. The trial Court, on consideration of the evidence adduced by both the parties and the facts and cir......urisdiction) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Nurul Hoq Bhuiyan.....................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 2014 ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....arned Special Judge, Tenth Court, Dhaka under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 against the respondent and sentencing him under section 26(2)to suffer rigorous imprisonment for a period of 2 (two) years and also sentencing him under section 27(1) of the A......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......shy;dent and his wife under sections 26(2) and 27(1) of the said Act, 2004 read with section 109 of the Penal Code. After that, the learned Metropolitan Senior Special Judge, Dhaka, sent the case for trial to the Special Judge, Court No. 10, Dhaka wherein it was renumbered as Special Case No.10 of 2............................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgment &nb..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....ary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR......on for another Nikah Registrar in that an Union is the minimal territorial unit of a Nikah Registrar as per Rule 13(Uma) of the Muslim Marriages & Divorces (Registration) Rules, 2009 (hereinafter called as the “ The Rules”); the Respondent No.7 is not the resident of Ward No. 5,6,7,8......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......druzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondent..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... 158; House of Lords in Hughes Vs. Metropolitan Railway, 1877 2 App. Case 439; Woodhouse AC Israel Cocoa Ltd. Vs. Nigerian Produce Marketing Co. Ltd. 1972 AC 741; Combe Vs. Combe 1951 2 KB 215; Robertson Vs. Minister of Pensions 1949 1 KB 227; Wells Vs. Minister of Housing and Local Government 1967 ......ard of works deciding whether a house should be pulled down." 48. Lord Evershed in the same case stated, “It has been said many times that the exact requirements in any case of the so-called principles of natural justice cannot be precisely defined; that they depend in each case......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....he plaint. 3. The case of the plaintiff, in short, is that: The suit land originally belonged to the then DIT now Rajuk. DIT leased out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease agreement for land vide registered deed......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......on was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Cou...... High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J Md. Khasruzzaman J Khan Mohammad Ameer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
........................................Respondent Judgment April 27, 2014. Result: The leave petition is disposed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamun, Advocate in......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ...... Act, 1974, there is no provision as to how the property seized in connection with a case under the Act, 1974 or alamots of a case under the Act, 1974, shall be disposed of in case of conclusion of a trial or in a case which ends with the acceptance of a final report and discharge of the accused. Ho...... (Criminal) Present: Md.Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Parul Nath and others...............................Petitioners Vs. State ….....................Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
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