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Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....attar Talukder, Rafique Khalifa alias Rafique Faraji and Kabir Sarder under sections 302/34 and under sections 326/34 of the Penal Code. The learned Additional Sessions Judge sentenced the accused persons convicted under sections 302/34 to imprisonment for life and to pay a fine of Taka 5,000 each, ......evidence of the witnesses relied upon by the High Court Division having not been pointed out making the evidence of the witnesses unworthy of consideration, we are of the view that no interference is called for by this Division in respect to the judgment and order of the High Court Division. &n...... petitioners. 7. The learned Counsel for the petitioner submits that although in the prosecution report as many as 37 witnesses including 5 police personnel were cited but at the time of trial it examined only 9 witnesses including 3 police personnel and the Doctor who held post mortem ......Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....and one Md. Habibullah Miah decided to purchase the benefit of that suit and entered into an agreement on May 7, 1979 upon paying Taka 50,000 out of the total consideration of Taka 17,00,000. It is also the case of the defendant No. 1 since the agreement of Md. Habibullah Miah was entered into durin......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......hat case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lower appellate court for disposal where right of the parties to the proceedin......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....o the suit filed an application before the High Court Division praying for adding them to be defendants in Title Suit No. 27 of 1976 and opposite parties in Civil Revision claiming that their predecessor-in-interest Hazera Khatun entered into an agreement for sale with said Jahanara Begum on 11.11.1......t case particularly when the added respondents claimed that the plaintiff-appellants entered into a contract with them for selling the suit property after the suit was decreed on 5.1.85 as the so-called contact has nothing to do with the subject matter of the present suit. It is submitted that w......Rule 13 of the Code of Civil Procedure and upon contested hearing Miscellaneous Case was allowed setting aside the said ex parte decree. The said appellant on 5.4.1998 filed an application before the trial Court under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written stat......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....erred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail. 2. The prosecution case, in short, is tha......selves with the business of deceased Mr. Alam and they were enjoying with all financial facilities of the business institutions of deceased Mr. Alam. When this fact was disclosed to deceased Alam, he called his 3(three) sons and handed over all responsibilities of his business institutions to them, ...... No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail. 2. The prosecution case, in short, is that in the night following 1‑1‑2002 one Alam, an industrialist was brutally killed along with 3 maid servants Kamala, Rahima and Sakina. A first informati......sp; Md. Fazlul Haque J: This appeal has arisen out of the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Crimina..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
.... of the Act it is patently clear that the intention of the legislature was that pre‑emption should be available to the entire body of the co‑sharer‑tenants and in certain cases also to the tenants holding lands contiguous to the lands transferred. 6. Section 96(4) ......ceipt of the notice of the pre-emption proceeding the petitioner, a co‑sharer tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that t......he consideration money together with the compensation thereon as required under law. It appears that the merits of the claim as to limitation and co-sharership would be determined at the trial of the case. 9. Section 96(6)(a) of the Act provides that in case of several app......Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents Judgment May 5, 2003. The State Ac..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....of 1961) Section 6(5) Offence under section 6(5) is not compoundable. However the appeal may be dismissed on prayer of the appellant by reducing the sentence to the extent of period of imprisonment already served. Lawyers Involved: Kazi Shahadat Hossain, Senior Ad......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... permission of the Arbitration Council as per provisions in section 6 of the Ordinance. 2. The appellant denied the allegations made by the complainant, respondent No. 1. In due course trial was held in the Court of Magistrate, 1st Class, Upazila Nabinagar, Brahmanbaria and the said ...... bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
.... Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances t......reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in ......ce of status quo in the composition of the Board of Directors of the company as recognised by Bangladesh Bank in its letter dated 5th September, 1999, till disposal of the injunction matter by the trial Court. Thereafter, this petition praying for condonation of delay in holding its meeting for ......rim J Syed JR Mudassir Husain J AS Ahammed J United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents Judgment April 22..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....ate, Dhaka, after setting aside the conviction and sentence passed by that Court which was upheld by the Additional Sessions Judge, Court No. 1, Dhaka, maintaining the conviction and sentence of imprisonment for 1 year and reducing the sentence of fine from Taka 1,80,00,000 to 90,00,000. ......learned Counsel, submits that the convict respondents were prejudiced, as they were not given an opportunity to place their case before the court. In fact, the trial held by the court below cannot be called a trial at all. 10. He further submits that under section 138(i) (c) of the Negoti......pellant against the judgment and order dated 18‑2‑2002 passed by a Single Bench of the High Court Division in Criminal Revision No. 664 of 2001 remanding the complaint case No. 882 of 2001 to the trial Court i.e. Metropolitan Magistrate, Dhaka, after setting aside the conviction and sentence pas......D) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....esaid judgment dismissed the appeal of the present appellant upon modification of sentence of 3 years to one year and the fine of Tk. 52,000/- to Tk. 39,000/-, in default to suffer rigorous imprisonment for 3 months and acquitted two (2) other appellants. The appellant was convicted under secti......ster roll was also submitted to the project Implementation Officer which was deliberately withheld by the prosecution. 11. The learned Counsel for the appellant submitted that appellant was called upon to answer the charge of misappropriation of 31 metric tons of wheat out of total 69 metr...... not file any Master rill for the remaining 31 MTs of wheat worth Tk.1, 55,000/- and he and his associates misappropriated the said quantity of wheat. 3 The appellant and others were put on trial to answer the acquisition under Section 409/109 of the Penal Code read with Section 5(2) of th......l Huq, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. A. H. Amin, Advocate-on-Record-For the Respondent. Criminal Appeal No. 5 of 1998. (From the Judgment and Order dated April 28,1998 passed by the High Court Division in Criminal Appeal No.1039 of 1993)...Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....d report and on hearing Mr. M. Idrisur Rahman, the learned Advocate and Mr. A. F. Hassan Ariff, the learned Attorney General we directed by our order dated 4 January, 2003 the Inspector General of Prisons to enquire into the matter and submit a report to this Court directing him further to include i......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......trail prisoners were in Dhaka Central Jail till 02.02.2003. Dividing them into 3 groups in the report it has been stated that there are 2 girls Under Trial Prisoners below age of 16 and 17 such under trial prisoners (boys) and 127 are of less than 18 years (Boys). In the report the Inspector General......r is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Or..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....etitioner Vs. Sarder Anwar Hossain and others…………………....Opposite Parties Judgment March 24, 2003. Result: Rule is made absolute. Cases Referred to- AFM Shaha Alam Vs. Mozibul Hoque, 41 DLR (AD) 68; Md. Rafiqul A......1 the Deputy Commissioner in taking the decision to change the place of polling stations, as such, the Courts below rightly passed the order of temporary injunction and, therefore, no interference is called for by this Court. 9. From the plaint it appears that the plaintiff prayed for a decree ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....atan Daman Special Court, Rajshahi convicting the petitioner and 4 others under section 6(3) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing each of them to imprisonment for life. 2. Earliest version of the prosecution was that Altafunnesa (PW 1), v......he early hours (at about 1.30 hours) of the night of February 26, 1997 she sensed that someone touched her body and thereupon while woke up she was threatened to keep quiet and at one stage while she called her husband one of the accused persons pressed her mouth by cloth and that amongst the accuse......rt, hereinafter referred to as the Special Court, upon receipt of the record registered Nari‑o‑Shishu Nirjatan Case 145 of 1997. 4. The petitioner and 4 others were placed on trial to answer the charge under section 6(3) of the Ain to which they pleaded innocent and claimed ......a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....oned. This petition for leave to appeal is against the judgment and order dated March 4, 2001 passed by a Division Bench of the High Court Division in Writ Petition No. 5021 of 1999 making the Rule absolute directing the respondents therein to restore vacant possession of the property at 5 Bagmara R......ed occupation till the date of restoration of possession thereof .......................” 5. Mr. Saleem Ullah, learned Counsel, has entered into caveat for the respondent. We called upon him to make his submission as regard the legality of the part of the judgment taking exc......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......n (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....rovides for punishment both for individual as well as for constructive liability of a gang. In the instant case there being strong circumstantial evidence incapable of explanation upon any other reasonable hypothesis than that of the guilt of the petitioner, it is not a case of moral conviction.&...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......k place and a regular case being Kotwali Police Case No. 6 dated 4‑9‑1995 was started against the aforesaid police personnel and thereafter, they were challenged in the case and during trial, charge was framed under section 6(4) of the Act to which they pleaded not guilty claiming to...... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Moinul Haque (Md) and another........Petitioner Vs. State ................................Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....rietor of Ms H Dey Jewellers, a jewellery shop situated in Khulna, died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5(five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only survivor...... Bank for safe custody, she had the option to go and collect it at any time she liked. The Bank was merely a custodian of the same. In ordinary parlance debt means a certain sum due from one person called the debtor to another called the creditor. In Stroud's Judicial Dictionary a 'debt' is defin......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....nt under the plaintiff at a monthly rental of Tk. 800/-payable according to English Calendar month and that the defendant defaulted in payment of rent for the month of December, 1999 and thereafter also and the plaintiff bonafide required the suit premises and accordingly sent a notice under section......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......returned to the defendant on 27.3.2000 the defendant filed rent deposits case being H.R. Case No.10 of 2000 and since then has been depositing monthly rent with the House Rent Controller. 4. The trial Court framed necessary issues and recorded evidence of 1.P.Wand 1.D.W. On consideration of the...... For the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dh..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....aking cognizance of the offence under clause (a) or (b) of section 190(1) of the Code of Criminal Procedure in the absence of clear enactment, expressed or implied, preventing the Court from doing so………………(21) Cases Referred to- ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ected against the judgment and order dated 19‑2‑1998 passed by a Division Bench of the High Court Division is Criminal Appeal No. 20 of 1992 allowing the appeal and sending it back to the trial Court for further investigation. 2. The facts, in short, are ......898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....ter referred to as petitioner) was the owner of the suit property described in the schedule of the plaint on the basis of the registered deed of Heba‑bil‑Ewaz No. 40287 dated 15‑12‑1980 and also by inheritance. The defendant No.1 petitioner offered to sell the suit property to the plaintiff,......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ...... 6. First Appeal was heard by the Division Bench of the High Court Division who by their judgment and decree dated 21‑1‑2002 allowed the appeal and set aside the judgment and decree passed by the trial Court. The High Court Division decreed the suit for Specific Performance of Contract in favour......AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....entitled to discharge duties of the office and that although in the order of suspension it has been mentioned that 10 commissioners out of 12, commissioners of the Pourashava are said to have taken resolution for his removal but, in fact, the same was taken by 5 commissioners since 5 other commissio......s taken by 5 commissioners since 5 other commissioners have affirmed affidavit denying the truth of the resolution said to have been taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Md. Fazlul Haque J Abdur Rashid (Md) ...............Petitioner Vs. Local Government Rural Development and Cooperatives, Local Government Division and others..........Respondents ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... Md. Ruhul Amin J.- This is an appeal, by leave, by the pre‑emptee (pre‑emption was sought under section 24 of the non-agricultural Tenancy Act, 1949) against the judgment and order da......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......sion obtained leave contending, inter alia, that the High Court Division overlooked that the Court of appeal below without noticing and considering Exhibit 13(2) Khatian No. 3232/1 relied upon by the trial Court came to an erroneous finding that the pre‑emptors were the co-sharers of the ......Husain J AS Ahammed J Alfazuddin Ahmed ........Appellant Vs. Abdur Rahman and others.................Respondents Judgment ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
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