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Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......iminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed………………………(4) Cases Referred ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......y sanction order is allowed for ends of justice. The prosecution will have to examine the witnesses afresh after obtaÂining the said sanction order from the authority. The case is taken off from the trial list at this stage. To 16.9.82 for further orders awaiting receipt of the sanction order. Accu..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......his rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong DiviÂsion in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried unÂder section......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ...... maunds and 20 seers only, and thus the accused person allegedly misappropriated 442 maunds of wheat. After investigation the police submitted a charge-sheet against the accused persons. 3. In the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the lea..Category: Criminal Law | Date: | Hits: 70
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......y the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting the accused appellant Md. Hasan Malik @ Titu under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for 2 (two......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......eport, Araihazar Police Station Case No. 3 dated 5-10-2005 was started. Police after investigation submitted charge sheet against the accused under section 302 of the Penal Code. 4. At the time of trial, the learned Sessions Judge framed charge against the accused under section 302 of the Penal C..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......o. 11 of 2000 (Pre-emption) in the Court of Assistant Judge, Nangolcot, Comilla under section 96 of the State Acquisition and Tenancy Act, 1950 impleading the preempted and others as opposite parties for pre-emption of 3 decimals of land described in the schedule of the application. 3. Eventually......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......ded the merit of the pre-emption case which is not permissible under law. Secondly, the Court below failed to appreciate that the petitioner was prevented by sufficient cause not to appear before the trial Court while the case was called on for hearing and, as such, the order cannot be sustained in ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....d to keep goods in safe condiÂtion under Contract Act but the Bank did not take care of the goods and as a result of which the goods were damaged; (iv) in such view of the matter, the Bank has no right to claim any amount from the petiÂtioner as the goods were destroyed due to negÂligence of t......ndent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ses are completely distinguishÂable and those decisions have no manner of applicaÂtion in the instant case. 19. The questions raised by the learned Advocate for the petitioner must be decided by trial Court on merit after taking evidence at the final hearing of the suit. 20. In view of the d..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....rent weapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head causing profuse bleeding injuries, who also caused injuries upon her right hand fingers. Accused No.3 Nurnabi also assaulted her. They identified the accused by electric......ch discretion can be judicially exercised. Mere heinousness of the offence is not by itself a circumstance to take away the discretion of the Court to grant bail provided there are reasonable grounds for believing that the person seeking bail has not been guilty of the non-bailable offence with whic......e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......tention merely on the allegaÂtions that he has committed an offence punishable with death or imprisonment for life. If he is granted bail the ultimate conviction of accused after concluÂsion of his trial can repair the wrong done by grant of interim bail to him but no satisfactory reparation can b..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....not be over burdened with such cases. An aggrieved person out of desperation or just taking a sportive chance may invoke the summary trial under writ jurisdiction alleging infringement of fundamental right which ultimately may turn out to be frivolous or not even remotely attracted to his case but t......esult: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parliamen......154; Ferdous Chowdhury Vs. Government of Bangladesh represented by the Secretary, Ministry of Food, 3 BLC (AD) 213; Delower Hossain Mia Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs, 52 DLR (AD) 120. Lawyers Involved: A.M. Mahbubuddin, Advocate - For the Petitioner.&nbs......rs to meet the petitioner's grievances, High Court Division should not be over burdened with such cases. An aggrieved person out of desperation or just taking a sportive chance may invoke the summary trial under writ jurisdiction alleging infringement of fundamental right which ultimately may turn o..Category: Administrative Law | Date: | Hits: 455
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......e, the proceeding is not liable to be quashed." 12. In respect of the maintainability of this application under section 561A of the Code of Criminal Procedure, the learned Counsel submits that the trial of the case has already begun, so at this stage, the application for quashing is not maintaina..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ding one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial........................................l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) ..Category: Criminal Law | Date: | Hits: 81
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......e Constitution of Bangladesh, 1972, Article 102
The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28)
Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ d...... 102
The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28)
Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ does not lie against the members of Election......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....y were submitted were omitted from the schedule of the Special Powers Act, the question substantially is whether the offences which were committed before their omission from the schedule gave rise to rights and liabilities which can be presumed to have been destroyed by such omission. In my consider......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ubmitted a report and the Sub-Divisional Magistrate sent the case to the Special Tribunal No.1, sChittagong who receiÂve the same on 16-5-78 and took cognizance of the offence on the same day. After trial Mr. Md. Mahbubur Rahman, Special Tribunal No.III, Chittagong acquitted all the accused persons..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....ll as in the facts and circumstances of the case. 3. On behalf of the respondents it was submitted that the appeal was not legally maintainable, the accused was innocent and the learned Magistrate rightly held him not guilty and passed the order of acquittal. 4. On behalf of the appellant Mr. ......hairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under difÂferent heads and ......mination on that date. The learned Magistrate after exÂpunging the evidence of the P.Ws. gave his findings that there is no evidence against the accused and so the accused was not guilty. This was unfair as well as illegal. The learned Magistrate did not consider at all that the accused himself was......took cognizance of the offence under section 406 of the Penal Code against the accused-respondents and transferred the cafe to the Court of Mr. Shafiqur Rahman, Magistrate First Class, Shariatpur for trial. The learned Magistrate examined 7 (seven) P.Ws. and framed charge under section 406 of the Pe..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....the accused might be true, it is clear that such a view reacts on the whole prosecution case. In this circumstances the accused is entitled to get benefit of doubt not as a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt. ………………â€......bts always rests on the prosecution and on its failure it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in......n the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative facts upon which the issue at hand is ......annot, on failure to do so, take advantage of the weakness of defense case. He must succeed by the strength of his own evidence and the clearness of his own proof……………(19) In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on t..Category: Criminal Law | Date: | Hits: 74
....the war of liberation in 1971 and were injured in different battles. To be more particular petitioners 1 and 7 were injured by bomb shells on their back, petitioner 2 sustained a bullet injury on his right leg, petitioner 3 was injured by shell, petitioner 4 became blind by an explosion, and petitio......onorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with......hers…........................................................Petitioners
Vs.
The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others…………..............................Respondents
Judgment
December 2, 20...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... the CD to apply his mind to these material on record and to pass such order…………………(16) The Magistrate is not bound by the police report, nor submission of the FRT creates any vested right in the accused…………………(19) In the case of an allegation of committing an offen......aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......unsel for the petitioner that, the concerned company has not adopted any resolution to file the complaint petition, so the Court below should not have ordered to proceed with further investigation or trial of the case upon the complaint petition dated 16-4-2006, treated as FIR. We have noted that th..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....uit in the year 2008 an application for rejection of plaint under Order VII Rule 11(D) of the Code of Civil Procedure read with section 46 of the Ain was made before the Adalat which was rejected and right after that the petitioner moved this Division and obtained the present Rule and the order of s...... MLR (AD) 58 = 58 DLR (AD) 1; 38 DLR 172; 41 DLR 490; 17 DLR 191. Lawyers Involved: Moudud Ahmed, Senior Advocate with Raziuddin Ahmed - For the Petitioner. Kazi Rehan Nabi with Md. Lutfor Rahman, Advocates - For the Respondent No. 2. Writ Petition No. 3986 of 2010. Judgment ...... holding that section 28 of the Ain is not applicable in the instant case since it is related to Execution Case. Mainly on these grounds the learned Senior Advocate emphatÂically submits that in all fairness this Rule should be made absolute declaring the order impugned against to have been passed ......enders a conseÂquence which is not mandatory but merely directoÂry. The learned counsel further argued that a quesÂtion of limitation is a mixed of question of fact and law which can be decided at trial. Further he submits that this is not a fit case where interference under Order VII Rule 11 of ..Category: Civil Law | Date: | Hits: 108
....tiffs were allowed to stay in some portion of the suit land measuring an area of 20 decimals in plot No.255 as they had no shelter after coming to this country and that in fact the plaintiffs have no right, title and interest in the suit property left by Rasharaj Bhattacharjee. He further submits th......f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig...... appeal No.20 of 1988 was preferred and the same was also dismissed and the matter ultimately came before High Court Division and this Division in Civil Revision No.1780 of 1990 held that the whole affairs have been properly dealt with and considered referring to the evidence adduced by the parties ......ction 115
Except on the gross non-consideration of material evidence, the High Court Division under section 115 of the Code of Civil Procedure can not interfere with the concurrent findings of the trial court and the appellate court. The High Court Division cannot super impose itself as a third c..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... of defendant No.1 used to possess and enjoy the suit land by erecting houses and establishing a Madrasa therein. That Title Suit No.78 of 1988 was decreed on compromise with defendant No.2 which was rightly and properly passed and as such the instant suit should be dismissed. 6. The defendant No......cated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......bsequently transferred and reÂnumbered as Title Suit No.53 of 1998 and lastly it was transferred to the Court of Assistant Judge, Kashba, Brahmanbaria and re-numbered as Title Suit No.28 of 2004 for trial. 3. That the case of the plaintiffs-opposite parties, in brief, are that Pandit Chandra Rud..Category: Property Law | Date: | Hits: 112
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....ugned Judgment and the learned Assistant Sessions Judge on proper appreciation of the facts and circumstances of the case and also the evidence on record along with the strong circumstantial evidence rightly and correctly found that the charge brought against the accused-appellants has been proved b...... of GR No.43 of 2001 corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the appellants under section 394 of the Penal Code and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment fo......l evidence rightly and correctly found that the charge brought against the accused-appellants has been proved beyond reasonable doubt and, as such, the impugned Judgment and order of conviction being fair and legal should be upheld. 12. Now, in order to appreciate the submisÂsions of the learned......r rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment for 6 months more. 2. Prosecution case in brief, as unfolded durÂing the trial, is set out below: On 18-4-2001, at about 3-00 PM, P.W.4 Informant Nurjahan left Dhaka by b..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....h they all belong to RAB-3 but they categorically deposed that they recovered the alleged arms from the exclusive possession of convict Dolon. As such the Special Tribunal in convicting the appellant rightly relied on their evidence. 10. Let us now discuss the evidence on record to ascertain whet....... State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the ca......e mandate of law as well as the constitution. In the instant case the accused was produced before the Magistrate long after 48 hours. 66. In view of that we direct the Secretary Ministry of Home affairs, the Inspector-General of Police and the Director General of the Rapid Action Battalion (RAB) ......l Tribunal Case No.352 of 2004 convicting the appellant under Section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years. 2. The convict-appellant was put on trial before the Special Tribunal No.7, Narayangonj in Special Tribunal Case No.352 of 2004 to answe..Category: Criminal Law | Date: | Hits: 99
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