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Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....al Code. Accused Ali Hossain was charged under section 411 of the Penal Code. They pleaded not guilty. The case for the defence is that no occurrence as alleged took place. The informant party has no right, title or interest in the disputed land. 4. In the case of Shafiqur Rahman and others Vs. ......ner's passed by Mr. Ali Islam Majumder, Magistrate 1st Class, Patiya, Chittagnog by his judgment dated 14.09.1982 of the charges under sections 379 and 411 of the Penal Code and sending the case back for further inquiry and trial of the accused persons. 2. The case for the prosecution in brief is......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......Islam Majumder, Magistrate 1st Class, Patiya, Chittagnog by his judgment dated 14.09.1982 of the charges under sections 379 and 411 of the Penal Code and sending the case back for further inquiry and trial of the accused persons. 2. The case for the prosecution in brief is that on 29.11.1979 at a..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....ned Magistrate to attach the proceeding shop-house under secÂtion 146 of the Cr.P.C. directing the receiver to keep the shop-house under lock and key until a competent Civil Court has determined the rights of the parties thereto or the person entitled to possession thereof. Being aggrieÂved, the s...... person entitled to possession thereof. Being aggrieÂved, the second party petitioners have moved this Court and obtained the present Rule. 3. Mr. Formanullah Khan, the learned Advocate appearing for the second party petitioners has taken me through the impugned judgments and orders of the Court......at something else with the attendant consequences, but it is not that something else. R. V. Norfolk Country Council (J891) 60 IJQB 379............ If one is bidden to treat an imaginary state of affairs as real, one must also imagine, as real the consequences and incidents which if the imaginary ......ion 9 of the Cr.P.C. continues to act as an Assistant Sessions Judge only with an extended sentencing power and that the provision of section 408 of the Code which provides that a person convicted on trial held by an Assistant Sessions Judge may appeal to the Court of Sessions when the sentence of i..Category: Procedural Law | Date: | Hits: 116
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....f occurÂrence and saw Police and many others at the place of occurrence and also saw the slaughtered dead body of Hanif Sarker on the "Khat". He also saw severe marks of injuries on the belly to the right below with intestine coming out. He also saw marks of cut bleeding injuries to the left of the......06 of 2008. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Gazipur for confirmation of the sentence of death imposed upon the condemned-prisonÂers Nazma Barker @ Beau......nd others managed to obtain the confessional statement made by her through Police by exercising threat and coercion upon her and that the condemned prisoner Nazma Sarker @ Beauty had never any love affairs with the condemned prisoner Kamal and she had also no connection with the other convicts and t......or hearing before the learned Sessions Judge, Gazipur where it was registered as Sessions Case No.20 of 2005 who then sent the case to the learned Additional Sessions Judge, Second Court, Gazipur for trial where charge under Sections 302/34/109 of the Penal Code was framed against the appellants and..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......ed, Advocates - For Opposite Party No.1. Criminal Revision No.96(c) of 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why jud......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ...... manifestly wrong and perverse grounds. 3. Learned Advocate for the accused opposite parties submitted that revisional power of this Court is limited and even if one of the grounds assigned by the trial Judge for acquittal of the accused is found reasonable this Court should not interfere with th..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ended that before the disputed sale took place the case land was offered for sale to the pre‑emptor but he refused to purchase the same and, as such, he is estopped under the law from asserting his right to pre‑emption on the grounds of waiver and acquiescence. It was further contended that he m......us (pre‑emption) Case No.3 of 1990 dismissing the pre‑emption case. 2. Opposite Party No.1 as pre‑emptor filed Miscellaneous Case No.3 of 1990 in the Court of the Assistant Judge, Muradnagar for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 a......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......iescence. It was further contended that he made improvement in the case land by spending Taka 25,000.00 and, as such, if pre‑emption is allowed, he is entitled to get improvement cost. 4. At the trial the pre‑emptor examined 3 witnesses and the contesting pre‑emptee examined 4 witnesses in ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......ave given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Suit being No.66 of 1996 in the Court of Assistant Judge, Companygonj Noakhali against the opposite parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the plaintiffs is t......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......ntiff filed TS No.115 of 1974 cancelling sale deed dated 8-5-1971 and that the Suit was compromised on the basis solenama on 9-8-1997 which is genuine. 11. Both the parties adduced evidence on the trial Court and the trial Court on consideration of the evidence on record it appears that the summo..Category: Procedural Law | Date: | Hits: 110
....it. It may have refused to take into account something which it was required to take into account. Or it may have based its decision on some matter which under the provisions setting it up, it had no right to take into account. I do not intend this list to be exhaustive. But if it decides a question......ssed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
...... was done at someone's instance and he made a complain before the Sub‑Divisional Officer when he was in the midst of a meeting and at the Sub‑Divisional Officer's direction the accused was put on trial under the Martial Law Regulations without going to the police station and filing the First Inf..
Category: Criminal Law | Date: | Hits: 84
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
.... 6. Mr. Akram Hossain Amin, the learned Advocate appearing for the opposite parties, on the other hand, contends that both the Courts below having considered the oral as well as documentary evidences rightly dismissed the plaintiff's suit. He further contends that since the findings and decisions ar......ge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 agai......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and the plaintiff took an appeal. The appellate Court remanded the case to the trial Court for fresh trial after remand, the suit was decreed and execution was started and the pla..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....ion or attachment for her, that would not in any way affect the liability of the father to maintain the children. If the father objects to the custody of the children and want to assert his own legal right, the proper course for the father would be to apply for his custody, but so long as the custod......eal No.14/1997 affirming the Judgment and decree dated 28‑4‑1997 passed by the Family Court (Second Assistant Judge, Bogra) in Family Suit No.48 of 1997 awarding dower and maintenance to the wife for the period of iddat for a sum of Taka 24,501.00 and in addition allowing maintenance for two min......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ...... Judge, Second Court, Bogra, for dower and maintenance for the period of iddat. The defendant did not deny the marriage with the plaintiff on 11‑5‑77 and having two sons out of this marriage. The trial Court decreed the suit for a sum of Taka 24,501.00 on account of dower and maintenance for the..Category: Family Law | Date: | Hits: 136
Masum and others Vs. State, 2009, 38 CLC (HCD)
....sha, next to building No.18 under Ibrahimpur P.S. and recovÂered one country made point .22 bore revolver hidÂden at the waist of the accused, Masum, two rounds of the bullet of the Rifles from the right side pockÂet of the pant worn by the accused Aminul Islam Babu and 3 round of cartridge of gu......ice Station No.26 dated 17-03-2003, under Section 19A and 19(f) of the Arms Act, convicting the convict appellant No.1 under Section 19A of the Arms Act Sentencing him to suffer Rigorous Imprisonment for a period of 10 years and convicting the convict-appellants No.2 and 3 under Section 19(f) of......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ...... same was registered as Metro Special Tribunal Case No.2945 of 2003, who has taken cogÂnizance, on 21-2-2003, against the accused appelÂlants, under section 19A and 19(f) of the Arms Act, 1878, for trial. Thereafter, the said case was transferred on 14-1-2004, to the Metro Special Tribunal No.10, ..Category: Criminal Law | Date: | Hits: 75
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......rected against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous Case No.12 of 2005 allowing the appeal and allowing a prayer for temporary injunction on setting aside the Judgment and order 7.4.2005 passed by the learned Seni......the operation of the impugned order, meaning thereby the committee is still functioning. If the order of injunction sustains that will invite a lot of problems with the smooth administration of the affairs of the school. From the facts and circumstances and discussions made above it is very much cle......d appeal was heard by the learned Joint District Judge, 2nd Court, Kishoreganj who by the impugned Judgment and decree dated 5.6.2005 allowed the appeal on setting aside the Judgment and order of the trial Court and granted the prayer for temporary injunction. 7. Being aggrieved by the said Judgm..Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....cosmetics were recovered from the exclusive control and possession of the appellants who were the tenant of Ramij Mia. So the learned Judge of the trial Court after considering the evidence on record rightly found them guilty and accordingly convicted them which calls for no interference by this Cou......e in Special Tribunal Case No.199 of 1992 convicting the appellants under section 25B (1)(b) and 25C(2)(a) of The Specials Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 5(five) years and also to pay a fine of Tk. 2,2001-in the former offence and sentencing each of ......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......and lodged the First Information Report. 3. The police after investigation submitted charge sheet accusing 4(four) accused including the appellants. 4. The appellants were tried in absentia. At trial, charge under section 25C of The Special Powers Act 1974 was framed against all accused to whi..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ing simultaneously and, by a judgment and order dated 30.06.2008, the Appellant Division was pleased to dismiss both these petitions for leave to appeal with observation the "the High Court Division rightly observed that the petitioners, if so advised, could file the petition under section 344 of t......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......u, Aminul Islma Chowdhury surrendered on 25.04.2004 and they were also enlarged on bail. 6. The case was transmitted, on 22.05.2004, to the Court of Additional District Magistrate, Cox's Bazar for trial. 7. The accused-petitioners preferred an application under section 561A of the Code of Crim..Category: Criminal Law | Date: | Hits: 54
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....te Judge, 1st Court, Naogaon in Title Appall No.182 of 1991 for impleading them as parties under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure stating that the petitioners have right, title and interest in the suit property as described in the schedule of the plaint. The learn......eal No.182 of 1991 (arising out of partition suit No.12 of 84) rejecting the application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure. 2. The material facts necessary for disposal of this Rule are that the present petitioners filed an application before the learned s......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......ation on 17.5.98 for impleading them as parties in the category of defendant-respondents under Order 1 Rule 10 of the Civil Procedure Code sating that during pendency of the partition suit before the trial Court the present petitioners have direct right, title and interest in the suit land and as su..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......a - State defence Lawyer. Death Reference No.28 of 2005 Judgment Siddiqur Rahman Miah J.- This Death Reference being No.28 of 2005 has been sent by the Learned Sessions Judge, Meherpur for confirmation of death. This death Reference is directed against the judgÂment and order dated 1......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......t the condemned persons are quite innocent and they have been falsely implicated in this case basing on the inadmissible confessional stateÂment which were procured by torture and coercion; that the trial court did not apply his judicial mind in analyzing the deposition of P.Ws. and their cross exa..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....able in the proceedings initiated under the Family Court ordinance, 1985. He adds that decree holder was prevented by sufficient cause not to file the execution case in time, therefore such delay was rightly condoned. 9. In order to appreciate their submisÂsions I have gone through the records a......sioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......t opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05.2001 to the extent of Tk. 91,501/-. Against which defen..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......set aside. 2. The opposite party No.1 Bank as plainÂtiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petiÂtioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 a...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......ed and his heirs were substiÂtuted as 1(a) to 1(g) in the revision. 4. Mr. S.N. Goswami the learned Advocate appearing with Ms. Afsana Begum on behalf of the defendant petitioner submits that the trial Court below without giving chance to examine any witness by the petitioner and without applyin..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....n Hill District Local Government Council (Amendment) Acts 1998 (Acts Nos.9, 10 and 11 of 1998) in that certain provisions of these Acts and the amendments introduced brought by them have affected his right of franchise, right to purchase and transfer property and the right to contest various elected......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outÂcomes as shall follow upon such disposa......uring early 1972, a tribal delÂegation led by Charu Bikash Chakma, a leadÂing Awami League leader from Rangamati, met the then President, Prime Minister and the Minister for Law and Parliamentary Affairs and pressed for a separate constitutional safeguard for the tribal people. Nothing, howÂever,......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
....l, the learned Assistant Attorney General appearing on behalf of the respondent opposes the appeal and submits that the learned Judge of the Special Tribunal after considering, the evidence on record rightly found the accused appellant guilty under section 4 of the Explosive Substance Act, 1908 and ...... Tribunal No.15, Dhaka in Special Tribunal Case No.463 1988 convicting the accused appellant under section 4(b) of the Explosive Substance Act, 1908 and sentencing him to suffer rigorous imprisonment for 6(six) years. 2. The prosecution case as projected in the First Information Report and unfurl....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......) of the Explosive Substance Act, 1908 and sentencing him to suffer rigorous imprisonment for 6(six) years. 2. The prosecution case as projected in the First Information Report and unfurled during trial is that on 11.5.1988 at 08.00 A.M. P.W.1 S.I. Monir Uddin with S.I. Ferdous Ahmed and S.I. Abd..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....d upon him by the Tribunal questioning the correctness of the same. There cannot be any doubt that the Judgment of a tribunal empowered by law to adjudicate upon and decide any matter affectÂing the rights of the parties is inviolable unless the law allows it to be questioned or interfered with. In...... opposite party. Criminal Miscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tr......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediateÂly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......petitioner was kept in. the cusÂtody of the police for about 3 hours and in the meantime the enimical person of accused kept the arms in his house for implicating him in this case. 7. The learned trial Court on consideration of the facts and circumstances of the case and evidence on record convi..Category: Criminal Law | Date: | Hits: 99
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