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Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
.....2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convicting appellants Humayun, Jasim and Mintu and also appellants Abdul Gofran, Giasuddin and Abdus Sattar as if the suit has been filed afresh there an...... occurrence as stated in the First Information report. He also submits that the prosecution has failed to examine any independent or reliable witness through the place of occurrence is a market place called Ragunathpur Bazar with a large number of shops. Mr. Mujibur Rahman, learned Advocate appearin......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....u Sayeed Ahammed J Abdul Kader ……................Petitioner Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors......uit land to the plaintiff. According to him, unless and until the provisions of section 81(b) is complied with through registration of the lease deed the lease, as claimed by the plaintiff, cannot be called a legal and valid one and the approval even if it is given and even plaintiff is in possessio......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....on the way he was obstructed by Maniruddin and both of them started abusing each other, that being excited Maniruddin called his relations and then all of them started assaulting Sadek, that Humayun, son of Maniruddin, dealt fatal blow on the abdomen of Sadek causing grievous injury, that at this st......to the field, caught hold of the ox and started taking it to the local pound, but on the way he was obstructed by Maniruddin and both of them started abusing each other, that being excited Maniruddin called his relations and then all of them started assaulting Sadek, that Humayun, son of Maniruddin,......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....Joynul Abedin J Abdur Rahman………..........….Petitioner Vs. Sajjadur Rahman…………..……………..Opposite Party Judgment April 15, 1999. Result: The Rule is made absolute. Lawyers Involved: SK Sinha — For the Petitioner. Not Represented —For the Oppos......ner into possession. But the said predecessor-in-interest deferred to execute and register necessary sale deed on one pretext or the other and ultimately died on 24-6-1974. Thereafter, the petitioner called upon the defendant-opposite parties Nos.1 to 4 to execute and register necessary sale deed bu......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
....oke on 2-11-79 was taken to Mitford Hospital for treatment and was subsequently shifted to PG Hospital, Dhaka, where he received treatment from 30-11-79 to 11-12-1979 and was under treatment of Professor Rashiduddin Ahmed, Neuro Surgeon. The defendant also received treatment in New Delhi under Profe......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......t No.1, to receive taka five lac and she handed over possession of the suit property without permission of her husband. It is further stated in the written statement that the result of the stroke was loss of speech and consciousness, impairment of power to express himself by speech or writing, which..
Category: Property Law | Date: | Hits: 120
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
.... was not executed and registered in normal way. There was neither any offer or acceptance of the Heba nor it was followed by delivery of possession. So there was no valid Heba. The said Hebanama is also hit by the Doctrine of 'Marzul Maut.’ The plaintiff came to know about the said Hebanama on 7.2......er suffering from blood pressure and diabetes. P.W.1 Abu Baker Sikder stated in his cross-examination: "I cannot say definitely when the blood pressure started." He said that Dr. Capt. Najimuddin was called in for treatment of his father but he cannot say for what ailment. P.W.1 Abu Baker Sikder als......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....d by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous impriÂsonment for 10 years. 2. The prosecution case, in short, is that on the night following 28th Nove...... the alleged Dying DeclaraÂtion after receiving such bodily injuries which caused his death. In this connection, we may remember that the victim was aged about 80/85 years and Habi docÂtor, who was called immediately to the place of ocÂcurrence, opined that the condition of the victim was very se......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
.... & another........................Petitioners Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR......er 9 rule 9 of the Code of Civil ProceÂdure, the question is whether the opposite-party Nos.1 and 2 can satisfy the Court that there was suffiÂcient cause for their non-appearance when the suit was called on for hearing on 25.11.81. Although section 141 of the Code of Civil Procedure provides that......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391...Category: Procedural Law | Date: | Hits: 107
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....i lodged F.I.R. on 20.11.87 at Trishal P.S. alleging, inter alia, that on 20.11.87 at about Esha prayer time while he was gossiping in the shop of his cousin Md. Ansar Ali near the Trishal Bus Stand, some people came to him and told that his brother Intaz member had been killed in the Rod and Cement...... AdÂditional District Magistrate reviving the investigaÂtion of the case is illegal has no substance. The poÂlice has validly submitted charge-sheet against the accused persons. No interference is called for by this Court. 6. In the result, the Rule is discharged. The orÂder staying further......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....t from the northern boundary wall of the plaintiff in violation of the sanctioned plan and of the Municipal Law. It was their further case that the defendants were thereafter requested by them not to so construct but to no result. Thereafter, the plaintiff petitioner filed an application before the ......tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......t the law or the contract had obliged others to act towards the petitioner in a particular way and in no other way and the violative act is not mere imaginary but actuÂal which would or had caused a loss which is irreparÂable and cannot be compensated in terms of money. 10. In the instant case ..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ilies had become a nullity for non-application for a long period. 3. The petitioner suggested two names: the Daily Ittehad and the Daily Deshkal but expressed preference for the Daily Ittehad for some sentimental reasons because late Mr. Tafazzal Hossain Manik Miah, the progenitor of the petitio...... favour of Mr. Aktarul Alam, no vacancy had ever occurred. The same applies to Ms. Rumeen Farhana in that since Mr. Oli Ahad affixed his signature on the distorted, wrong and, truly, an artificial so called Form C, which has little relevance and commonness with the Form C, the Parliament has printed...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
.... Metropolitan Special Tribunal Case No.6018 of 1999 convicting the petitioner and another under section 3 of the Explosive Substance Act and sentencing each of them thereunder to suffer rigorous imprisonment for five years. 2. Informant Ashutosh Shome (P.W.1) lodged an ejahar with Sutrapur Polic......epancies and omissions are there in the evidence of the prosecution witnesses, cannot be taken into consideration for quashment of a judgment. 13. At the time of issuance of the Rule no record was called for. During long pendency of the Rule for last seven years, the petitioner also did not take ......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....s Judge, Second Court, Barisal in Session Case No.48 of 1988 convicting the appellant and two others under sections 302 and 34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand for each in default to suffer simple imprisonment......e met the appellant at Gournadi hospital, did not find any injury on his person. 9. P.W.7 Dr. Nirmal Bodya, a village-doctor stated that on 17.1.1988 at about 11/11.30 p.m one Makbul and Gani had called him and informed about the occurrence. Instantly he rushed to the house of Khabir Master wher......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....d order dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life with a fine of Taka 2000/- in default to suffer rigorous imprisonment for 2 (two) m......ahar Lucky (appellant’s wife) became seriously ill. He returned home and saw her in a critical condition with froth secretion in her mouth and nose. He also got smell of poison in her mouth. He had called for a doctor, but she died before the doctor came. 3. On receipt of the said unnatural de......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....r. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Opposite Party. Criminal Miscellaneous Case No. 2254 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sole accused in a criminal case was issued on an application under section 561A of the Code of Crimi......dings in the case and obtained the Rule with an order of stay. 5. This criminal miscellaneous has been appearing in the cause list for several days with name of the Advocate for petitioner. It was called for hearing on 15.3.2012, but no one for the petitioner appeared. In view of its long pendenc......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 85
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....e No.172 of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months mor...... him. 9. P.W.4, Md. Lutfar Rahman, a seizure list witness stated that on the date of occurrence he was sitting at the office of Transport Workers’ Union. At about 12 o’clock a police constable called him to police camp, where he saw some bottles of phensedyl on a table and a young man sitting......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....on, Dhaka and another......................................Petitioners Vs. Bangladesh and others..................Respondents Judgment November 14, 1989. Result: This Rule is made absolute. Lawyers Involved: M.I. Farooqui with M.A. Wahhab Miah, M. Saleemullah and Md. Mohsin R......e 16 annas owner and in excluÂsive possession of the piece or parcel of land measurÂing 7 (seven) kathas 8(eight) chattaks more or less more fully described in Schedule-I annexed hereto hereinafter called demised property." Schedule-I of lease deed runs as follows:— Schedule-I "All that pi......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....te Judge, Dhaka and renumbered as Title Suit No.17 of 1992. The defendant No.9 the present petitioner filed a written statement to contest the suit and the other defendants including the Government also filed written statement to contest the same. The plaintiff examined one witness and filed some do......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......nd unless the further proceeding of the execution case is stayed till hearing of the appeal the defendant petitioner may be ousted from the suit‑property and in that case it will suffer irreparable loss and injury and that after coining to know about the latest position of the execution proceeding..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....; that thereafter, the government filed misc. Case No.72 of 1972 and the same was dismissed on contest on 13.2.73; that on the basis of the aforesaid ex parte order the defendant (present petitioner) sought for the correction of the record of rights in her name before the CO (Rev), Sadar Mymensingh ......the ex parte decree under Order 9 rule 13 CPC and unfortunately, the Misc. Case was dismissed for default on 28.2.72 as the then Associate GP could not get any opportunity to appear when the case was called on for hearing. Thereafter Misc. Case No.72/72 was filed on behalf of the Government and the ...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....65 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others kidnapped the victim Gopal Chandra Sutradhar, son of the informant sreekishna Chandra Sutradhar from the path when victim was going to local Nimat......im Pattader and ors Vs. M Rahmat Ali & others, 33 DLR 379 has held as under: "Abetment is an offence by itself and unless it is specifically made punishable in a Special Act a person cannot be called upon to answer a charge of abetment in absence of any special provision in the Special Act me......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
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