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Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyo......ence case as could be gathered from the trend of cross-examination is, that there is no dispute between the victim and the accused appellant; that the victim at the relevant time was major in age and according to their common consent, they married each other on 16-9-2003 and subsequently Kabin Nama ......CD) (2009) 386. ...... defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are pro..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....e condemned prisoners have undergone the mental agony and anxieties of gallows around their neck for a long period. Having regard to the facts and circumstances of the case, we think that the ends of justice will be sufficiently met if we commute the sentence of death to imprisonment for life. 86......them to save his life. At that point of time they saw a private car while P.W.3 Hanif, P.W.4 Raju and P.W.5 Kala requested to the driver of that private car to bring the injured Mizan to hospital and accordingly, they started towards the hospital by that car and in their way to hospital when they re...... Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has be......ed statement of the condemned prisoner Kalla Palash as recorded in Audio Cassette (Ext.IV) by the investigating officer found the convict appellant and others were guilty which cannot be sustained in law whatsoever inasmuch as the statement of Audio cassette does not carry any legal value in the eye..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....the provisions of subsection (3B) of Section 173 of the Code of Criminal Procedure otherwise this type of accused will be able to keep himself out from the clutch of trial causing miscarriage of justice. So, the accused Asgar whose name is available in the FIR whose his overt act in the commiss......nsecutive "Chapati blow" on the right side of the head above the ear whereas one Asgar gave a Chapati blow on the right side of the head allowing the grey material to be projected accordingly. Other accused-persons namely Sorhab and Mosa gave a Chapati blow causing the fracture o......conding on being found guilty for commission of the offence punishable under section 302/34 of the Penal Code in Drutta Bichar Case No. 36 of 2003 arising out of GR Case No. 632 of 1999 corresponding to Manikganj Police Station Case No.11(7)99. 2. In this Death Reference all the condemned ......, Uzzal, Shahid,Wazedur, Sorhab, Mosarraf Hossain Mosa, Murad, Farid and Jashim and other unknown 15/20 person armed with deadly weapons like Pistol, Chapati, Ramdao, Chines Axe, Dagger, forming an unlawful assembly, attacked him where one Asgar and Monir inflicted injuries on the vital part of the ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....ision of both the Courts below being not lawful, those are reversed and are set aside. The Courts below have committed error of law resulting in an error in the decision occasioning a failure of justice. I find merit in the Rule. 29. In the result, the Rule is made absolute with cost. The ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque...... by (the concerned CO (Revenue), the defendant No.5, were illegal, void, without jurisdiction and not binding upon the plaintiff. He further submitted that both the Courts below upon misconception of law and fact have dismissed the suit. He further submitted that the plaintiff proved his continuous ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....e light of General Principles of Seniority, 1970. 4. The respondent No. 1, without complying with the aforesaid opinion delayed the matter and, as such, the petitioners served notice demanding justice, requesting him to comply with such opinion (Annexure-F series) but the justice was denied.......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ...... Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respondents Judgment May 16, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahme......mply and give effect of such opinion, but without doing so the respondent No. 1 is trying to bypass the opinion and giving promotions to juniors of the petitioners, which is a flagrant violation of law and rules, applicable in this regard. 6. Mr. Md. Jafar Imam, the learned Assistant Attorn..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......¦â€¦ Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Minis......ot present in Bangladesh and whose whereabouts were not known after President's Order No. 16 of 1972 came into operation. So, the property was rightly enlisted as abandoned property by operation of law. The learned Counsel adds that the Court of Settlement most erroneously shifted the onus upon ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ...... Hossain - For the Petitioner. No One appears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint ......cation made section 19(1) of the Premises and Rent Control Act it appears that the petitioner without depositing any rent with the Rent Controller had submitted an application which is not tenable in law. 11. Section 19(1) of the Premises and Rent Control Act reads thus:- "19. Deposit..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....bstantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice frustrated by technicalities. In Writ Proceedings, which is an equitable jurisdiction, the ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......ure of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice ......wer of attorney supÂporting his authority to swear the affidavit. Rule 1, Order III of the Code of Civil Procedure provides that any application or act in or to any court required or authorised by law to be made or done by a party in such court, may, except where otherwise exÂpressly provided ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......application that the plaintiff in paragraphs 32 and 33 of the plaint has alleged that the goods of the defendants are being passed of as the goods of the plaintiff and the plaintiff has sought relief accordingly by the present suit before the learned District Judge, Dhaka under section 73 of the Tra......s. Domino's Pizza Inc………………..........Opposite Party Judgment April 26, 2007. Result: The Rule is discharged. Cases Referred to- Ram Krishna Bhakat Vs. Firm Haji Janabally and Abdul Jalil, AIR 1948 Calcutta 321; Ranjit L......ment of their trade mark, and thereby the suit is very such entertainable and there is no reason for rejection of the plaint. According to the plaintiff, it is an established and settled principle of law that an action for passing off is maintainable even without having registration of trade mark an..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....li Glass Works got interest on suit property and, as such, its presence Would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of justice Ms. Chameli Glass Works may be added as eight-fifteenth-opposite parties in Civil Revision C......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ...... ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352; Subash Chandra Halder Vs. Abdul Bari, 1992 BID......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......Ain 2003 investing the property upon the decree holder bank by selling aside the auction. Both the applications of the petitioner bank were heard and rejected by the executing Court on 28.10.2003 and accordingly the sale was also confirmed. Subsequently, the sale became absolute under Order XXI Rule...... 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......nnot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani Vs. Dr. A.N.M. Ma..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......t, P.S. Ramna, Dhaka and others ……………………Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and......nt No.5 fixing date of reÂhearing of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the res..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......it would be dangerous to formulate the kind of evidence which should, or would be regarded as corroboration. Its nature and extent must necessarily vary with the circumstances of each case and, also, according to particular circumstances of each case, and, also, according to the particular circumsta...........State-Respondent Judgment February 28, 2007. Result: The Criminal Appeal No.2909 of 2004 presented by convict-appellants Safazuddin and Mohsin is allowed. Cases Referred to- The King Vs. Baskerville, (1916) 2 K.B. 653; Rameshwar Kalyan Singh Vs. State of Rajasthan,......neral and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime agai..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
.... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ......s appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....ergone considerable period in custody proceeding to their conviction and sentence. Some of them have been enlarged on bail subsequently. On consideration of the above, we are of the view that ends of justice will be met if the accused persons are given the benefit of section 35A of the Code of Crimi......ed and tried together. Though the pipe gun was recovered from the possession of Ful Mia, all the accused persons were found jointly in vehicle and that they came there with a view to commit crime and accordingly, they were charged under sections 19A and 19(f) of the Arms Act. Though the fire arm was......ith the modification of sentence. Lawyers Involved: M.A. Shahid Chowdhury - For the appellants. S.N. Goswami with Miss Afsana Begum - For Petitioner. Saifuddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case N......ion is whether the conviction of all the accused persons under section 19A of the Arms Act and the conviction of Rajah Ali, Kajal Miah and Ishaq Miah under section 19(f) of the Arms Act is tenable in law or not. 15. According to the prosecution version, the accused persons were arrested jointly w..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......he petitioners before him in time, an inquiry about the date of death of the original sole plaintiff, may, in certain circumstances, not be necessary.…………………..(11) Case Referred to- Vijavasing Dattajirao Thorat Vs. Shivajirao Narayanrao, AIR 1924 Bom 416. Lawyers I......bmitted that even the petition for setting aside the order of abatement was also not made within the period of limitation of 60 days thereafter. Under such circumstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... the same in its true and correct perspective, most illegally ignoring consecutive final reports took cognizance against the accused petitioners which is liable to be quashed to secure the ends of justice. 10. No one appears for the informant opposite party No.2. 11. We have heard the......theft, thereupon the local police released the Children under the custody of the informant. Later on, accused Eatema Khairunnessa on pretext expressed her inability to take care of the children and accordingly sent them to Bangladesh through the informant on 08.08.1999 while the children were giv......nt November 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the petitioners. Md. Mansur Rahman, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.11846 of 2003 Judgment ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....it of section 340 of the Code of Criminal Procedure and provisions laid down in the first paragraph of the Chapter XII of the Legal Remembrance's Manual 1960 affecting proper dispensation of justice. 36. On perusal of the order sheet of the trial Courts record, it appears that on 26.6....... the accused, though an Advocate was previously engaged in the private capacity of the accused to move bail petition. Next date was fixed on 13.8.2003 for examination of the prosecution witnesses and accordingly order was passed to issue summons upon the witnesses. Six prosecution witnesses tur......s. Md. Abdul Gofur…………………………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowe....... 5. At the trial, the prosecution examined 11 witnesses out of 15 cited witnesses of the charge sheet and the defence side availed opportunity of cross-examining them through State defence lawyer without adducing any defence witness. 6. The defence version as available from the trend..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....implicated in the instant case and should therefore face trial for this case. 41. So far as condemned prisoner Ismail Mollah alias Galu is concerned, he along with Pichhi Babul has met with divine justice, both having died, one before the trial commenced and the other while in custody. 42. The......aemorrhage followed by shock due to the above-mentioned bullet injuries, which were ante-mortem and homicidal in nature. In his cross-examination he stated that the victim died on 14.3.98 at 10:20 pm according to the death certificate. 16. P.W.8, Md. Samsuddin Khan conducted the inquest upon the ......04 is abated. Criminal Appeal No.3128 of 2004 and Jail Appeal No.921 are allowed. Criminal Appeal No.3711 of 2004 is dismissed. Criminal Appeal No.3316 of 2004 is allowed. Cases Referred to- Sheikh Mujibur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others Vs. The State......ters. She identified Eunus Mollah, Ismail Mollah Galu, Shahid Javed Gaira, Shahjahan, Mohsin and others in the dock. In her cross-examination she stated that she now lives at the house of her aunt-in-law at No.12 Juriatuli and at the time of occurrence she lived with her family at 64 Juginagar Lane ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decision occasioning failure of justice. In support of her contention the learned Counsel refers the case of Abdul Wadud Contractor ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......er Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment August 21, 2006. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 48 DLR (AD) 120; Jinnat Ali Mu......endment. She adds that the proposed amendment of the plaint will change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decision occasioning failure of justice. In support of her contenti..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
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