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Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ed with cruelty in committing murder of the victim. There is also nothing on record that the murder was preplanned and cold‑blooded. In such view of the matter we hold that it will meet the ends of justice if the sentence of death inflicted upon the condemned accused is reduced to imprisonment for......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......p;…………………………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. ......t to the house of her husband and she began living there with him. On 9-2‑1994, Pachu Sharif received information through P.W.2 Eku Mollah that his daughter had died in the house of his son-in-law in the night following 8‑2‑1994. Pachu Sharif then went there and saw the dead body of his d..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....7‑2001, 31‑7‑2001 and 20‑9-2001 against the impugned bills but without any result. Against this backdrop, the petitioner was constrained to serve a notice upon the respondents demanding justice. Though the notice was served upon the respondents, no action was taken. Therefore, the peti......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ...........Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Result: The Rules are disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition ...... Judgment Syed Mahmud Hossain J.- Writ Petition Nos.3230 of 2002 and 8269 of 2002 were heard together and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....should be affirmed and the appeal should be dismissed and the conviction and sentence of the accused appellant Mukul Hossain should be allowed in part. 25. Furthermore, we think that the ends of justice would be met it section 35A of the Code of Criminal Procedure is applied in the instant case......elling house of Yousuf Malitha and tried to flee away. But the police personnel caught hold of both of them and recovered one country-made gun and 5 cartridges and a tojdani from their possession and accordingly, a seizure list was prepared on the same spot in presence of 3 witnesses namely, P.W.2 S......te‑ For the Accused-Appellant (In Criminal Appeal No.1381 of 2002). Md. Sharafatullah, Advocate‑For the accused-Appellant (In Criminal Appeal No.1396 of 2002). Rabiul Karim, Assistant Attorney-General- For the State-Respondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal......f the trial a charge under section 19(f) and 19A of the Arms Act was framed against the accused persons which was read over to them who pleaded not guilty thereto and claimed to be tried according to law. 4. During trial the prosecution examined as many as 12 witnesses out of 15 charge-sheeted ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......r Council on 6‑10‑1985 and he began his practice at Kushtia District Bar. He was elected General Secretary of District Awami League, Kushtia. The petitioner was appointed as Special Public Prosecutor for Kushtia Judge Court and performed his duties from 1996 to 2001 with sincerity and honesty, O......petition and in view of the fact that the respondents have not controverted the allegation made in the writ petition, the impugned Memo dated 17‑12‑2003 (Annexure-1) is declared to be without any lawful authority and of no legal effect. In the result, the Rule is made absolute. The responde..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......gment and order dated June 23, 1999 of the 3rd Court of Additional District Judge, Bogra in Miscellaneous Appeal No. 74 of 1998 allowing the same in part upon reversing the judgment and order dated October 25, 1998 of the 1st Court of Subordinate Judge (Joint District Judge), Bogra in Arbitration Ca......g Tk. 30,00,000/-, that the appellants in the arbitration case claimed that they are entitled to get the award for an amount of Tk. 1,58,00,000/- along with 20% additional compensation as provides by law. 5. The arbitration case was contested by the acquiring body as well as by the requiring..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he recommendation of the tender committee, after making bargaining with FCO, the rate was reduced and thus attempts were made to make the rate at per with that quoted by the first lowest tenderer and accordingly, the price of passport was fixed at 1.49 US Dollar, bargaining the same. 15. We have......irul Kabir Chowdhury J State…………Petitioner Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwary, Advocate-on-Record— For the Petitioner. ......ter of the said Ministry approved the same as per noting of the concerned official responsible for the evaluation of the tender and it was done bonafide in usual course of business in accordance with law and in compliance of his lawful duty as a concerned Minister. The petitioner Safiur Rahman was t..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......d 8 filed two separate written statements but ultimately defendant Nos. 1-3 contested the case stating that the owner Syed Mahabubur Rahman was not present in Bangladesh at the time of liberation and accordingly, the property has been rightly declared as abandoned property. The trial Court held that......27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…&he...... No. 16 of 1972 is a statutory authority and his order is binding on the government and hence the property is not abandoned property, the taking over of possession by government was not authorised by law and the plaintiff could recover khas possession. The suit is also not barred by limitation becau..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......as not been deposited by the election petitioner‑appellant himself and thus the election petition became liable to be dismissed under Article 58 of the Order. 3. Issues were framed accordingly and issue No. 1 was framed to decide as to maintainability of the election petition and ......eople’s Order, 1972 (P.O. 155 of 1972) Article 49(4) At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is......le 49(4) At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount personally by the p..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....d bold misleading captions by distorting the truth that Mr. Justice Faisal Mahmud Faizee's LLB certificate is forged and he never passed his LLB examinations interfered with the administration of justice and the public confidence has been fundamentally shaken thereby.
3. It has further been......is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceeding according to the course of common law; and a Court having a seal. Courts may be designated by statut......
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakas......cember 1990 has been annexed and marked as Annexure-E to the Contempt petition. It has further been asserted that the petitioner is the father of said Justice Faisal Mahmud Faizee and is a practicing lawyer of this Court and Justice Faisal Mahmud Faizee is the Additional Judge of the High Court Divi..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted rules of procedure and which offends the superior courts sense of fair play......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......er……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The Rule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC ......r of the petitioner on 1.9.02 and the certified copy was delivered on 25.9.02 but the petitioners being very poor could not collect requisite money to prefer an appeal within 30 days as prescribed by law. Having no other efficacious remedy the petitioner invoked the writ jurisdiction for setting asi..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......)/Taxes/(Chatta)/2001‑2002/1032 dated 20‑11‑2001, directed the Deputy Commissioner of Taxes, Circle‑18, Taxes Zone-3, Chittagong to re‑open the assessment of the assessee applicant and accordingly, the Deputy Commissioner of Taxes on 29‑12‑2001 re‑opened the assessment of t...... With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......der of Appellant Authority and confirming the order of assessment of the Deputy Commissioner of Taxes. 8. In the aforesaid facts, the assessee applicant has formulated the following questions of law which arise from the impugned order of the Taxes Appellate Tribunal. "(a) Whether in t..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....d have been otherwise. In the circumstances the judgment and decrees passed by the appellate Court below as well as by the trial Court have resulted in an error in the decision occasioning failure of justice and the same are not sustainable in law. 7. Mr. Md. Aminul Islam, the learned Advocate ......2, BS. in presence of the witnesses the sale value of the suit land was settled at Taka 14,100 and it was also settled that the plaintiff would pay Taka 13,800 to the defendant No.1 within 5 days and accordingly, the defendant No.1 delivered possession of the suit land in favour the plaintiff. Pursu...........Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Result: The Rule is made absolute. Cases Referred to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others,......the judgment and decrees passed by the appellate Court below as well as by the trial Court have resulted in an error in the decision occasioning failure of justice and the same are not sustainable in law. 7. Mr. Md. Aminul Islam, the learned Advocate appearing for the opposite party No.1, submi..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ...... Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a writ petition to se......ed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice in law no writ petition is maintainable………………….(15, 1..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....ence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 of the Code of Criminal Procedure, otherwise it would cause miscarriage of justice. Provision of section 342 of the Code being a mandatory provision of procedural law, th......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. .............Petitioners Vs. State...................................................Respondent Judgment March 14, 2005. Result: The Rule is made absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998......at the examination under section 342 of the Code of Criminal Procedure of the accused persons before the trial Court is highly defective and the same was not done in accordance with the provisions of law. He further submits that the Court of appeal below affirmed the conviction and sentence of the t..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... Though the Tribunal has not passed the impugned order in so many words, nevertheless allowed the prayer of the prosecution to arrive at a just decision after hearing both the parties for the ends of justice. 12. For the reason and discussion above we find no illegality or impropriety in the im......id two witnesses and directed to issue summons upon the witnesses fixing the next date 2‑1‑2005. 3. The informant party seeking his addition in the Rule was permitted to assist the State and accordingly, has filed affidavit-in-opposition denying material allegations contending, inter alia, ..................Petitioner Vs. State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awron......ujarat reported in 1980 CriLJ 29. 5. On going through the application filed by the investigation officer Annexure-E, it appears that it is filed through the public prosecutor without quoting any law and it starts with certain words in Bengali (এই মর্মে প্রতিবেদন ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....provision of section 18 of the Employment of Labour (Standing Orders) Act, 1965 is to see whether the delinquent employee has been dealt with in accordance with law following the principle of natural justice. 8 The report Annexure-X and XI is unilateral report of the petitioner regarding the occ......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......t find any fault with the labourer petitioners on inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-3-2000 was obviously due to the outcome of the occurrence dated 15-3-2000’…………………... (9) Judgement of......other respondents No.3-9 were supporters of Mr. SM Golam Harman. All the said respondents used to take part in Trade Union and used to raise voice against the management of the petitioner for their unlawful activities. 17-3-2001 was Eid-ul-Azha day and before that date the officers and employees wer..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
.... several representations to the respondents for payment of his aforesaid retirement benefits but there was no response and thereafter on 24‑1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and ......, Housing and Settlement Directorate, Segunbagicha, Dhaka, for payment of his pension and 80% of his gratuity and said application was forwarded to the respondent No.3 for taking necessary action and accordingly, respondent No.3 by his Memo No.1341 dated 21-8‑1995 sent the same to the respond......rs Involved: Fouzia Karim, Advocate- For the Petitioner No one appears- For the Respondents. Writ Petition No.1530 of 2002. Judgment SAN Mominur Rahman J.- Rule was issued as to why the respondents should not be directed to make payment against pension and gratuity to the pe......1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of the gratuity as per provision of law but without response and for such inaction on the part of the respondents the writ petitioner ha..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ...... (Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Ru......been repealed and superseded by SRO No.255 dated 19‑9‑2002. 2. It appears that at the time of preferring the writ petition the petitioner was not well acquainted with the correct position of law, however, during the course of hearing they came to realise that the SRO No.316 dated 19‑10‑..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.... Decision in a particular case made in the background of the facts and circumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said decision in arriving......t of final order of the High Court Division which runs as: "The defendant No. 52 petitioner is allowed to construct a new building by demolishing the old one 32/2. Malitola Road. Dhaka according to the plan of the RAJUK and if ultimately, the building and area fall within the share o......ce being not without exception, as such, use of or reliance upon the said decision in arriving at decision in the subsequent case the facts and circumstances whereof at the first impression appears to be close or near to the latter case then too the facts and circumstances of the case in hand ar...... of excess of the share of the defendant No.52 and I that allotment of the land on which the defendant No. 52 was allowed to construct a building to the plaintiffs is bad both on fact and in law and that the order so made by the High Court Division allowing the defendant 52 to make c..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....ellate court being the final court of fact has made correct approach to the
facts and circumstances of the case and the evidence on record and committed
no error of law occasioning any failure of justice for interference by this
court in revisional jurisdiction According to the learned Advo......ption was illegal and invalid.
According to the defendant No.12 the decree obtained in Title Suit No.346 of
1877 was a fraudulent decree and this defendant was not impleaded in the said
suit and accordingly prayed for dismissal of the suit.
5. The trial court framed necessary issues
and o......q and others………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petitioner
Vs.
Mohammad Sha......d. The learned
Additional District Judge further noticed that the plaintiff must prove fraud
as they pleaded fraud in the plaint and this not having been proved, the trial
court committed error of law in holding that non-joinder of the superintendent,
vested and non-resident property has rende..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
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