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State Vs. Harish, 2002, 31 CLC (HCD)
....on) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State …………….........................Petitioner Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain ......e do not find any iota of evidence to show that she actually went to the house of the accused Angur and thereafter due to electricity failure she was returning to her house or that the accused Harish called and took her away. There appears no evidence of the alleged occurrence to state that what hap......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......Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....2. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while participating in the tender&......s no nexus with the materials on record. 35. He has further argued that the High Court Division erroneously observed that the relevant files were not produced and/or withheld inasmuch as the called for files were duly produced but the High Court Division could not find therein certain rec......ons BTV was not given time to send this agreement to the Ministry of Law. The fees mentioned in the co-site agreement were very nominal and was a great loss to BTV. It is further stated that terrestrial transmission can be viewed all over Bangladesh and a satellite transmission can be viewed by ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....d therefore trial Court had committed error of law in not framing proper issue. The High Court Division after hearing the parties observed that the suit was for permanent injunction simpliciter. It also appeared from the impugned order that on the suggestion of the defendant‑petitioners, an additi......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......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 ...... Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....een handed over to her father petitioner. He submits that the High Court Division failed to appreciate the legal position as propounded in the case reported in 5 BLT (AD)1 = 2 BLC (AD) 18. He also submits that the father is the competent and natural guardian of the minor girl and her continu......ate Examination where her date of birth has been mentioned as on 29‑10‑1983 and if that date is found to be correct date of birth then she has now attained the age of majority. We have called for the Admission Register of the school and from that Register it appears that her date of ......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......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....36 PC 141, AIR 1978 SC. 727, (1978) 3 SCR 162, AIR 1965 SC. 745, (1965) 1 SCR 413, AIR 1943 PC 202, 19 DLR 354, 16 DLR 393, Attorney-General of Pakistan Vs. Abdul Hamid and others, 15 DLR (SC) 96, Nelson’s Case (16 DLR SC 535), Salimullah Vs. State, 44 DLR (AD) 309, Attorney-General of Pakista......' have committed the gravest contempt of Court. In the interest of rule of law and independence of judiciary and administration of justice it is necessary that the aforementioned person should be called upon to show cause why they should not be proceeded against for committing Contempt of this C......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...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....learned 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......cution case and no independent neighbouring witness proved the occurrence and the medical certificate, claimed to have been issued from Rajoir Hospital, was not produced in the trial Court and the so-called medical certificate, having no date of examination, was produced before the court which was b......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......d in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....Shishu Nirjatan 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 suffe...... of about 500 cubits from the house of the victim. On 3-12-1998 at about 8-00 PM, when the male member of the victim’s house were absent, the accused Parul Begum came to the house of the victim and called her outside the house in presence of her mother and sister Runa Laila. Thereafter at 9-00 PM ......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......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe..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)
....Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 making the Rule absolute reversing the order dated 11‑10‑1999 passed by the learned Senior Assistant Judge Sherpur......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 ......s also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....ssion must be specifically claimed in the pleadings, hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limitation against the party affected can be found. Since there is no ......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......05) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....ition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by a Single Bench of the High Court Division in Civil Revision No. 323 of 1994 making the Rule absolute against the judgment and decree passed oil 21st September, 1993) by the learned Additional Di......gment of the High Court Division and thereafter he submitted that in view of concurrent findings of fact as to possession of the suit property by the plaintiff appellant prior to the giving of the so called lease by the government in the above mentioned VP Case No. 15(JA) FU/76‑77, was based on pr......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...... Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgment April 1, 2002. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... Bangladesh and others………………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Su...... TV (Project) 005,07 we have found that a meeting was held on 2-7-1998 where the Committee was directed to submit report by 6-7-1998. In the same file we also found that the convenor of the Committee called meeting of the Committee on 6-7-1998 and notice was also served upon other members but therea......1885 and Section 5 of the Wireless and Telegraphy Act, 1933. It was also mentioned that only one of the VHF frequency could be allocated to private TV to broadcast the programmes both terrestrially and through satellite. This summary was signed by Additional Secretary, Ministry of Informat...... (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....o. 148 of 1996 affirming those dated 8-7-96 passed by Subordinate Judge, Court No. 1 in Title Suit No. 33 of 1995 in decreeing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit for confirmation of ......ettlement has not been proved, but it conferred title on the appellant on a gratuitous finding of adverse possession in his favour, unwarranted by pleadings. This gratuitous conferment of title was uncalled for in a suit for partition where the plaintiffs claim of title is to be looked into incident......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 ......LR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....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 Division in Civil Revision No. 371 of 1991 making the Rule absolute on setting aside the judgment and decree passed in Title Appeal 170 of 1987 of the Court of S......eclaration of title and confirmation of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit land is a part of the Beel called “Doha Beel' plaintiffs claim that Jabbar Biswas and others were the CS recorded tenants...... 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 ......nbsp; Mainur Reza Chowdhury J Syed JR Mudassir Husain J Abul Hussain and others........................Appellants Vs. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....al, by way of granting leave, is decided against the judgment and order dated 11‑4‑1994 passed by a Single Bench of the High Court Division in Civil Revision 481 of 1992 making the Rule absolute upon setting aside the order dated 2‑2‑1992 passed by the learned Assistant Judge......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 ……&...... Ed. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....tioner for leave to appeal by judgment‑debtor‑petitioners arises from the judgment passed by a Single Judge of the High Court Division in Civil Revision No. 2849 of 1992 making the Rule absolute and setting aside the Order No. 24 dated 26‑10‑1992 passed by the Senior Assistan......an order that the execution proceeding was barred by limitation and that possession of the suit property had been restored to them. The High Court Division was of the view that the central point that called for determination was whether the execution proceeding was barred by limitation for not havin......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&#......; Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Shah Newaz Ebne Mostaque and others ........................Petitioners Vs. &nb..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....t he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. Thereafter, he sent the rent by postal money order which was also received by her. Thereafter, the plaintiff‑respondent again sent the rent for month of January ......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........................Petitioner Vs. Md. Saidur Rahman ................Respondent Judgment February 19, 2002. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18 and 19 (1)(Ka) Purpose of the provision is to see whether the tenant has deposited the rent w..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
....hishu 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 Mossamat Sabina Bibi with the accused appellant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of...... 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......lant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,000 but the accused appellant to..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....Judge, Netrokona 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. ......osecution evidence as trustworthy and straightaway acquitted 3 co-accused of all the charges levelled against them. Now in so far as the injury caused by accused Hazrat to the victim concerned we are called upon to scrutinise the evidence of the eye-witnesses vis-a-vis the evidence of PW 7 Doctor Md...... 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 ......Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....h Rezowan Ali J State……………..........................Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the con......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..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
....s made to review the judgment and order passed by this Division dismissing the Criminal Appeal No.15 of 1989 upholding the conviction and sentence of fine of Taka 100 in default to suffer simple imprisonment of three days passed by the High Court Division in Criminal Contempt No. 3 of 1988. ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ......espondent Judgment January 29, 2002 The Contempt of Court Act, 1926 (XII of 1926), Section 2 The contempt petitioner expressed remorse before the Appellate Division and surrender to the mercy of the court and expressed unconditional apology and that has been accept..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
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