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Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
.....Ws. turned up and prosecution prayed for adjournment which was allowed and as per prayer of the prosecution witness warrant was issued against the P.Ws. fixing 13.6.84 for trial. On that date also prosecution prayed for adjournment which was allowed fixing 20.3.84 for further trial. ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......ns case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal of the Rule are that the Opposite-parties No.1-17 were facing trial in the aforesaid Court for alleged offences under sections 148/302 Penal Code. The case was re......arties. Criminal Revision No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessio..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
.... the detenu Khalequzzaman...........Petitioner Vs. Bangladesh & others................................Respondents Judgment July 29, 1977. Result: The Rule is made absolute. Cases Referred To- Rameshwar Shah Vs. District Magistrate, Bardawan, A.I.R. 1964 (......preme Court negatived the contention of the Deputy Advocate General and held that the service of a detention order on a person who is already in jail custody virtually seeks to effectuate what may be called a double detention and such double detention is not intended either by section 3(1)(a)&n......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The dete..Category: Criminal Law | Date: | Hits: 1
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....e present petitioner was defendant No.2 in the said suit but the summons of the suit were not duly served upon him as he nor his any family members used to live in Gopalganj rather used to live in Jessore. The present petitioner having come to know of the decree passed in the said suit filed Miscell......ut order as to Cost. The impugned judgment and order passed by the appellate Court below affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ...... Miscellaneous Appeal No.14 of 1986 before the learned District Judge, Gopalganj who after hearing also dismissed the appeal by his judgment and order dated 25.6.1989 affirming those of passed by the trial Court. Then the petitioner being aggrieved by and dissatisfied with the impugned judgment and ......ted in: 18 BLT (HCD) (2010) 305. ..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... election on 20.07.2009 fixing 10.10.09 for election of Executive Committee Members in the first phase and fixed 26.08.2009 for filing objection against preliminary voter list. On 25.08.2009 seven persons filed objection against the preliminary voters list. The objection and the prayer was rejected ......rs and not merely on considerations of policy or expediency, then it is under an obligation to act judicially even though there is not, in the strict sense any lis before it and even though it is not called upon to administer oath or examine witnesses or grant an oral hearing as if it were holding, ......icially even though there is not, in the strict sense any lis before it and even though it is not called upon to administer oath or examine witnesses or grant an oral hearing as if it were holding, a trial. In other words, the view generally accepted is that whenever an executive authority is given ......iction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Moshiur Rahman Khan, Son of A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....03 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business of manufacture of soaps and chemicals. The plaintiff imported 1929.211 metric tons of Tallow from Australia under Bill...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... limitation and by the principles of estoppel, waiver and acquiescence, also stated that the plaintiff has no cause of action for the suit as against the defendant Nos. 1 and 2. 4. Thereafter, the trial Court framed various issues including whether the plaintiff is entitled to get a decree as pra......ase is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....rising out of GRNo.125 of 2004 responding to Panchlysh PS Case No.21(2) 2004 convicting the accused-petitioner under section 19A of the Arms Act and sentencing him there under to suffer rigorous imprisonment for 10(ten) years and also convicting the accused-petitioner under section 19(f) of the Arms......ion 19A and 19(f) of the Arms Act, which needs to be corÂrected to secure the ends of justice. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this case.......the accusation in question. In exercising its inherent jurisdiction the High Court Division would not embark upon an enquiry as to whether the evidence is reliable or not. That is the function of the trial Court/Appellate Tribunal and generally it would not be open to a party to invoke the High Cour...... No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special ..Category: Criminal Law | Date: | Hits: 36
....tis share in the properties. The plaintiffs have further alleged that C.S. dag Nos.100 and 101 have been wrongly recorded in the suit khatian No.146 and that these two plots have been acquired by the sons of Jamiruddin from one Barkat by a kabala dated 24th Ashar 1306 B.S. and these plots have been ...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......ian No.146; properties recoÂrded in Batwara khatian No.38 have been wrongly included in the suit khatian No.146 of Dhaneswar Mouja; and these are not liable to be partitioned in this suit.
In the trial the principal point for deterÂmination was whether the lands in Batwara Khatian No.38 were se...... with Faruque Ahmed - For the respondents.
Appeal from Appellate Decree No.770 of 1959.
Judgment
Sultan Hossain Khan J.- This appeal by the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
...., Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and 12 others………………………………..Respondent Judgment November 17, 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215;......y, make such decision on the prayer of the applicant as it deems fit. (6) The decision on [of] the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court. (7) No appeal shall lie from any order of decision of the ......y are fighting for a fruitless litigation is the matter of evidence which to be decided by the Court of Settlement itself after recording the evidences adduce by the respective parties at the time of trial of the case, not by this Court and as such we do not find any substance in the submission of t......ion (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....ne of these elements are missing, it disentitles the applicant to get a favourable order. ……………..(10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction ma......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......efendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that would cause irreparable loss and injury and balance of co......gh Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Rezia Begum…………………………….Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
.... Sen Gupta and another…………………….Accused-Petitioners Vs. The State and another…………………..Opposite parties Judgment May 15, 2006. Result: The Rule is made absolute. Lawyers Involved: Rafi Ahmed, Advocate - For the accused petitioners. Nahreen Ami......ahreen Amin with Harun-or-Rashid, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No.10506 of 2004. Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.29......385/527/506 of the Penal Code and issued process against the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. Ahmed, in the course of argument, placing the notice dated 2.9.2004 issued by the General......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....went to his father-in-law's house. Again on the date of the recovery of the dead body i.e. on 21.12.2000 he came to the house of his father-in-law and having gone through the post-mortem report and also from the unnatural behaviour of some of the people he realized that miscreants had assaulted and ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ported in 28 DLR (AD) 38 he submits that the High Court Division should not invoke upon an inquiry under section 561A of the Code as to whether evidence is reliable or not because the function of the trial Court after examination of witnesses is to decide as to the complicity of the accused-petition...... Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
.... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J Moinuddin & others…………………………………Condemned Prisoner Vs. State……………………………………Respondent Judgment July 29, 2......ses namely P.W.1 Abul Hossain, P.W.2 Rubi Begum, P.W.3 Fatema, P.W.4 Zesmin Begum, P.W.5 Foiz Uddin, P.W.8, Nazma Begum and P.W.9, Abdur Rob whose conduct appears to be suspicious, inasmuch as the so-called eyeÂwitnesses deposed inconsistently as to the murder of deceased Abdul Motlib. Besides, the......reby submitted charge sheet under sections 448/302/326/307/34 of the Penal Code against them. 5. Ultimately, the accused persons incluÂding the condemned prisoner and the appelÂlants were put on trial before the learned Additional Sessions Judge, 3rd Court, Sylhet to answer a charge under secti......€¦â€¦â€¦Respondent Judgment July 29, 2007. Result: The Death Reference No.56 of 2003 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorne..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....meeting on 13-4-1997 and issued show cause notice to the plaintiff which remained unreplied. The Managing Committee again met on 14-5-1997 and issued second show cause notice to the plaintiff which also remained unreplied and after issuing 3rd and last show cause notice on 7-6-1997 asking him to joi......r the Petitioner. Abdul Mannan Khan with Abdul Wahab, Advocates - For the Opposite Parties. Civil Revision No.3971 of 2005. Judgment Md. Abdul Aziz J.- Opposite Party No.1 was called upon to show cause as to why the Judgment and decree dated 5-9-2005 and 8-9-2005 respectively......d Exhibit "A" series in support of his case while the defendant examined 3 D.Ws. and produced some document marked Exhibit "Ka" series in support of their case. 6. In consideration of the evidence trial Court dismissed the suit. Plaintiff preferred Title Appeal No.147 of 2003 in the Court of the ...... (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....................Accused-Petitioners Vs. The State................................................................Opposite party Judgment February 6, 2007. Result: The Rule is made absolute. Lawyers Involved: Nasima Khatun for A. M. Mahbub Uddin, Advocate - For the petitioners....... Md. Anisur Rahman, Assistant Attorney General - For the opposite party. Criminal Miscellaneous Case No.8625 of 2003. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......d. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
.... of the school) in collusion with accused-petitioner Ahmed Ali Lasker (Clerk of the said school) misappropriated an amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers agaÂinst fake persons during the period of 1979-1983. On 29.12.83 the Chief Metropolitan Magistrate, Chittagong passe......Advocate tor the accused petitioners. We do not find any abuse of the process of the Court. We do not think in the facts and circumstances of the case any interfereÂnce for the ends of justice is called for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. ...... the following order. "The two accused on bail are present, prosecuting Inspector has filed an apÂplication for time (on the ground stated therein). Heard. Let the case, be transÂferred from my trial Court file to the General file and be kept in the General file till the receipt of the split u...... Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim Howlader, BCR 1984 (AD) 159. Lawy..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....2 passed by the learned Sessions Judge, Bagerhat in Session Case No.01 of 1991 convicting the appellants under section 304 Part-1 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 2,000/- in default to suffer rigorous impr......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......ons Judge, Bagerhat, who framed charge under sections 149/447/304 of the Penal Code against all the accused to which the accused on dock pleaded not guilty and claimed to be tried. 5. In course of trial the prosecution in all produced 13(Thirteen) witnesses, of whom examined 8(eight) witnesses an......d. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....ecial Tribunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6......d in convicting and sentencing the accused appellants by the judgment and order dated 16-9-2002. 16. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence in order to come to a proper decision in this appeal......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ceit she was led by the accused to believe that she was lawfully married to him and on the basis of such belief she was induced to have sexual interÂcourse with him, the prosecution has to show that some form of marriage which is not valid and legal was gone through with fraudulent marriage or an a......ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the pre....... Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 4. No one appears to support the Rule, although the Rule appears i..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
...., now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are that one Nazar Ali the predecessor of the defendant Nos.1-12, was allotted two re-habilitation Plots bearing No.C-338 and C-339 cov......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......t was taken up for hearÂing by the learned Joint District Judge, where plainÂtiffs examined 5(five) witnesses and the defendants examined 6(six) witnesses on their behalf and upon conclusion of the trial the learned Joint District Judge by his Judgment and decree dated 30-7-2000 decreed the suit d......is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....……………Petitioners Vs. The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493;......ince 1972 and since the suit was not brought within one year from the date of knowledge it was barred under Article 14 of the Limitation Act. 7. It is the propriety of this decision which has been called in question in the present Rule. Mr. PC. Guha, learned Advocate appearing for the petitioners......se of the property and as they did not get the lease renewed the same has been leased out to defendant No.4. 5. Defendant No.4 filed a separate written statement but did not turn up at the time of trial. The learned Subordinate Judge, on consÂideration of the evidence on record, decreed the s...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD)...Category: Property Law | Date: | Hits: 64
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