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Ibrahim Vs. State, 2014, 43 CLC (HCD)
....ye of law. 10. The learned Deputy Attorney-General appearing for the State-respondent opposes the appeal and submits that the victim Sufia Begum categorically narrated the entire episode and she rightly recognised the accused in moonlight. She adds that such recognition is probable and acc...... nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There cannot be conviction for such crime on mere suspicion or presumption. The commission of murder must be proved. The presum......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ...... accused with the crime of throwing acid. Prosecution utterly failed to bring home guilt to the accused beyond reasonable doubt…………..(52) Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the accuse..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......by reference to the exhibits. Although documents produced by the plaintiffs are written by pen or ball point which at the relevant time were not used in writing goes on to show some sort of forgery has been committed. The land ought to be ascertained by appointing an Advocate Commissioner ......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......t who are in possession paid rents regularly evidenced from exhibit Kha series and paying taxes to the Pourashava as evidenced from exhibit Ta series. 5. Appellate Court reversed the judgment of trial Court. We have minutely gone through the judgment of the Appellate Court and on perusal of the..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....sarily. The stopping of a case and the release of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not to give the accused a right not to be tried any more on the same charge or a clean bill of acquittal, even if he was accus......of 1983. 2. Facts in brief are that the accused opposite-parties in collusion with each other misappropriated Taka 15,000 from the SB Account of Mr. Jaharlal Shaha taking the chance of forgery and false persuasion. 3. The police after investigation submitted charge-sheet accusing......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un-amended section 339C of the Code was to whip up the prosecution and to make the trial Court more active so as not to delay the trial of a case unnecessarily. The stopping of a case..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......hellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posse......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ...... who has been running his business in the shop house situated in the disputed land for more than statutory period of limitation and, as such, the suit is liable to be dismissed. 4. The trial Court upon hearing the parties by its judgment and order dated 28-1-1996 dismissed the su..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....gment and order dated 21st of March, 2005 passed by the High Court Division in Contempt Petition No.118 of2004) Judgment Md. Imman Ali J. - These three criminal appeals, being appeals as of right under article 103(2)(c) of the Constitution, challenge the judgment and order passed by a Divi......118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suffer simple imprisonment for one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to ......nion is part and parcel of the press which is protected by the freedom of press guaranteed under the Constitution. She submitted that the freedom of press includes the right to report as well as make fair and constrictive comment so long as the report and any comment is beneficial for the socie......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......volved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 243 of 2012. (At this instance of state is against an interim order of ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......n enlarging the accused-respondent Arman on ad-interim bail for a period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
....peal. 4. Mr. Fida M. Kamal, the learned Senior Advocate for the leave-petitioners has made submissions to the effect that order XXIII, rule 1 of the Code of Civil Procedure has provided the right to these leave-petitioners to withdraw their succession case and that the petitioners filed an......r the Petitioners. Probir Niogi, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.3. Not represented—Respondent Nos. 1 and 2. Civil Petition for Leave to Appeal No.1827 of 2009. (From the judgment and order dated 24-5-2009 passed by the...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ...... heirs of late Mr. AK Faizul Huq as opposite parties in this succession case and subsequently in transposing them as petitioners in that succession case. The learned Advocate has argued that the trial Court, on consideration of the facts and circumstances, rightly added the other heirs of ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......-9. Hosne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the ......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......mp duty and Taka 45,120 as poundage fee. He has further submitted that the auction purchasers also incurred expenses on other counts such as: 1. Tk.35, 000 for advocate and clerk fee in the trial Court 2. Tk.40, 000 for miscellaneous expenditure in the trial Court 3. Tk.50, 000 f..Category: Others | Date: 24 Feb, 2014 | Hits: 15
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ed that as under: "For words, and particularly general words, cannot be read in isolation; their colour and content are derived from their context. So it is that I conceive it to be my right and duty to examine every word of a statute in its context and I use context in its widest sen......preted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricultural properties. There is no scope for encroaching upon the domain of legislature by importing the words 'rural area' in sectio......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ntiff's case, in short, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife had no source of income and dependent on the plaintiff-husband. The plaintiff being an industrialist and with motive to get income tax relief purchased the suit property being urban property i..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
.... They were convicted under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced them to suffer imprisonment for life. The order of conviction and sentence was rightly affirmed by the High Court Division. 18. The conviction and sentence will serve as a de....... State................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 5. The case record was transmitted to the Court of the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.3, Tangail for trial where it was registered as Nari-o-Shishu Nirjatan Daman Case No.150 of 1999. 6. The prose..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....uddin by suppressing the fact of the decree, at the time of SA operation, in collusion with surveyors got 'Ka' scheduled land recorded along with other lands in his name though he had no right, title or possession over the suit land and such erroneous record created clouds over the titl...... 2. The facts, leading to this appeal, in brief, are as follows: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the ......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......h of Nazimuddin, defendant Nos.1-7 inherited the suit land. Therefore, the plaintiffs are not entitled to get any relief according to law. And as such, the suit is liable to be dismissed. 4. The trial Court upon hearing the parties by its judgment and order dated 31-1-1991 decreed the suit. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......p; February 3, 2014. Result: The appeal is disposed of with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunct......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......ant, a school, contested the suit claiming that it was not a defaulter- the monthly rents were being deposited regularly in a rent control suit on their refusal to accept the same. The trial Court observed that the appellant was a defaulter; that the period of lease in respect of the ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....stering it as an Artha Rin Mortgage suit; the decree passed by the Artha Rin Adalat in Artha Rin Mortgage Suit No.152 of 1991 was without jurisdiction and thus, was a nullity, the High Court Division rightly declared both the mortgage execution case in question and the auction sale held therein......cate with Fida M. Kamal, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. None Represented—For Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 376 of 2011. (From the judgment and order dated the 19th day of January......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......issed by the High Court Division on 9 November 1982. The appellant Company, being aggrieved, moved this Court and succeeded in having the appeal (Civil Appeal No. 43 of 1983) against the order of the trial Court rejecting their objection under section 47 of the Code allowed. Appellants filed review ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ..................................Opposite Party Judgment February 3, 2014. Result: The Rule is discharged. When It’s Required Further Investigation The case can be sent for further investigation at any stage of the proceeding if it appears that further invest......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......police after investigation submitted Charge-Sheet accusing the petitioners as accused under sections 143, 148, 307, 323, 325, 387, 380 of the Penal Code. 4. Eventually, the case was taken up for trial by the learned Additional District Magistrate, who by the order dated 28-3-2000 framed charge ..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... the suit and accordingly he dealt with the matter as a Title Suit and not as a Small Cause Court suit. As a natural corollary to the decree of the Title Suit, the defendant-appellant-petitioner rightly preferred a Title Appeal but it transpires that the learned Judge of the Appellate Court bel......urt Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed twenty-f...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......e filed before the High Court Division. 11. In the case of Majid Biswas Vs. Adiluddin Shaikh reported in 12 DLR 380, it has been held that when a Small Cause Court suit is not tried as such, the trial is not rendered invalid; but it will retain its real character and its decree will not be appe..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....gistration costs, the same, if done by the transferee, being indicative of a sale……………………………(19) The condition giving right of repurchase survived when President's Order No.88 of 1972 came into effect and, as such,......tive of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence or otherwise of a stipulation for interest on repayment indicating a mortgage; (v) adequacy or inadequacy of the consideration, an......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......e. 4. The learned Subordinate Judge (now Joint District Judge) upon hearing the parties by his judgment and order dated 31-7-1986 decreed the suit. 5. Against the judgment and decree of the trial Court, defendant Nos.1-6 preferred Other Appeal No.494 of 1986 before the learned District Jud..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
.... Leave was granted by this Division to consider whether "while the learned Court below allowed the petitioner to file written statement and accordingly he filed the same so, he accrued the legal right for cross-examining the plaintiffs' witnesses, but the learned Court below without conside......lati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation mu......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......ant evidence. It is also an established principle and a requirement of law that a party to the suit may be given the opportunity to call witnesses and produce any evidence at any time during the trial. The trial does not finish until pronouncement of judgment…………. (5..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......de absolute. Cases Referred to- Mohammad Ali Vs. State and another, 64 DLR426, Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 167 Lawyers Involved: Md. Abdul Quadir Talukder, Advocate-for the petitioner. ASM Fazle Rabbi Khan, Assistant Attorney General-for opposite party 1. ......his name in individual capacity. For the sake of argument, even if the cheques were issued on behalf of the company, the drawer of the cheques being the managing director sitting at the helm of the affairs of the company cannot escape the liability. Moreover, he did not take any such ground in his a......y 2, who voluntarily surrendered before the Chief Metropolitan Magistrate and obtained bail on furnishing an undertaking that he would pay the entire amount by installments. The cases being ready for trial were sent to the Metropolitan Sessions Judge, Dhaka, where from those were sent to the Special..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....r leave to appeal, in a nutshell, are: The leave petitioner as the pre-emptor filed Pre-emption Case No.5 of 2000 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under se......p;….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ...... and the pre-emptor now became greedy to grab the case land with ill motive and, as such, the pre-emptee-respondents prayed for dismissal of the case. 4. After hearing the parties, the trial Court by its judgment and order dated 22-5-2002 dismissed the preemption case. 5. Ag..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....tate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistant of the process of justice in order to claim right of audience against the process of the Court issued against him.………. (7 &......ion or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice from the Court of law must come before the Court t...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ...... Dhaka who granted bail to him on Rahman 24-5-2001 till submission of charge sheet. After submission of charge sheet, the case records were sent to the Court of Senior Metropolitan sessions Judge for trial, where Special Case No. 2 of 2002 was registered and the Special Judge granted bail to th..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
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