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Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
.... petitioner refers to the case of Shahera Khatun Vs. State, 6 BLC (2001) 604. 6. Dr. Md. Bashir Ullah, the learned Assistant Attorney-General, on the other hand, submits that police has unfettered right to conduct further investigation whenever new facts are forthcoming before them. He further su......t Attorney-General - For the State. Criminal Miscellaneous Case No. 6705 of 2009. Judgment Naima Haider J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of le......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......hereafter, on 11.7.2008, police submitted charge sheet No.505 dated 11.7.2008 against the accused petitioner along with 4 others. Subsequently, the record was transmitted to the Court of Sessions for trial. The learned Sessions Judge transferred the case record to Court of learned Joint Sessions Jud..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and anothÂer, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......rder or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank Ramna Corporate Branch, Dhaka as comÂplaint filed the Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......e Negotiable Instruments Act, 1881 and registered the case as Metro. Sessions Case No.2703 of 2007 and transÂferred the case record to the Fifth Court of Joint Metropolitan Sessions Judge, Dhaka for trial and disposal. 4. The accused-petitioner filed an applicaÂtion under section 256C of the Co..Category: Criminal Law | Date: | Hits: 138
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......eclared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2, Shahera Khatun, filed the complaint Case No.450 of 1993 before the respondent No.1 First Labour Court, stating, inter alia that he was appointed by Bangladesh......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......hall be six months and for other workers such period shall be three months, including breaks due to leave, illegal lock‑out or strike (not being an illegal strike) in the shop or commercial or industrial establishment :
Provided that in the case of a skilled worker, the period of probation may ..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......e, 1st Class, Jhikargacha in Case No.88(C)/88. 2. It appears that the present petitioner was convicted under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentenced to suffer RI for one year. The trial Court found that the present petitioner took a second wife without obtaining......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......argacha in Case No.88(C)/88. 2. It appears that the present petitioner was convicted under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentenced to suffer RI for one year. The trial Court found that the present petitioner took a second wife without obtaining permission from t..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....ule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But initially, we failed to notice this aspect of the case and heard Md......o show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the pet...... short-circuiting the procedure and giving a damn about the judicial norms by way of direct surÂrender of the petitioner to the High Court Division after framing of charge. On this point, the law is fairly-settled. This type of direct surrender before the High Court Division for the first time afte......21, their Lordships of the Supreme Court of Pakistan quoted with approval the principle as laid down in the case of Chan Shah. 10. From the foregoing discussions, it is maniÂfestly clear that the trial Court can not be given a goÂby by short-circuiting the procedure and giving a damn about the ..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....979 in favour of the plainÂtiff. 20. The learned Advocate Mr. S.M. Moonir strenuously argued that the alleged Bainapatra executed in favour of the defendant No.3 is nothing but to defeat the right of the plaintiff to have the sell finalized in his favour and thereÂfore the impugned judgmen......28.4.19W passed in Title Suit No.46 of 1995 by the Subordinate Judge, 1s Com I, Pirojpur decreeing the suit. 2. The petitioner Abdul Jabbar Sheikh as plaintiff instituted Title SuitNo.46 of 1985 before the 1st Court of Subordinate Judge, Pirojpur against the defendant opposite party Raja Kha pray.......W.3 Habibur Rahman Sheikh has been raised by the defendant No.3, the said question is required to be resolved whether it has any implication on the adduced evidence of the P.W.2 and 3 and thereby on fair justice. 30. It appears that the signature of Raja Kha has been examined by the hand writing......, not being in knowledge of the plaintiffs so called Bainapatra, is a bonafide purchaser for value without notice and as such the suit is liable to be dismissed. 7. Upon the aforesaid pleading the trial court framed the following issues: 1. Is the suit maintainable in its presÂent from? 2...Category: Property Law | Date: | Hits: 119
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....tant Attorney General appearing for the opposite party opposes the Rule and submits that there are specific allegations against the petitioner in respect of murder of the deceased. So the Court below rightly refused his bail. In order to appreciate their submissions we have gone through the record a......orresponding to G.R. No.507 of 2009 under sections 302/34 of the Penal Code pending in the Court of Chief Judicial Magistrate, Comilla. 2. Material facts are that on 11-12-2009 at 02.05 p.m. the informant Md. Zahurul Islam lodged a first information report against ten accused including the petiti......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......n detention merely on the allegations that he has committed an offence punishable with death or imprisonment for life. If he is granted bail the ultimate conviction of accused after conclusion 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: 98
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....nce do not Occupy the time of the Court and innocent persons are subjected to the rigorous and expenses of a full scale trial. 21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate ......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......1881. 4. Thereafter the accused petitioner voluntarÂily surrendered before the Chief Judicial Magistrate and got bail. Subsequently the case was transferred before the Sessions Judge, Rangpur for trial and the accused petitioner got bail by the learned Sessions Judge, Rangpur and 9-2-2009 was fi..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......n 19‑4‑1993 in Special Tribunal Case No.541 of 992 convicting the accused appellant under section 25D/25B/(1)(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay a fine of Taka 20,000.00 in default to suffer simple imprisonment for one yea......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......f the Customs Act, 1969, section 3(1) of the Export and Import Control Act, 1950, section 8(1) of the Foreign Currency Exchange Act, 1947 and section 25B of the Special Powers Act, 1974. 4. During trial the learned Tribunal framed charge against the co‑accused and the accused appellant under se..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting defendants in their respective written statement asserting that plaintiffs have no rights, title and interest in the suit property and denying title and possession of the plaintiffs. ...... in the benami of another person. 3. Suit was contested by the defendant Nos.1‑6, 7 10.11, 17 to 19 by filing separate written statements except defendant Nos.17‑19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......n their respective written statement asserting that plaintiffs have no rights, title and interest in the suit property and denying title and possession of the plaintiffs. Upon the aforesaid pleadings trial Court, amongst others, framed issue No.3 which was as follows: 3. Have the plaintiffs their..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kas......evidence as material evidence II series and the emptycartridges III series. He also identified the money which was recovered from the bag and also stated that the miscreants whom he chased one was of fair complexion and his name was Kamal and other one was of black complexion and his name was Emdad.......er sections 394/302/411 of the Penal Code. In due course the case was sent to the Sessions Judge, Bogra Who after taking cognisance transferred it to the Court of Additional Sessions Judge, Court for trial. The trial Court framed two separate charges against all the four accused persons under sectio..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑r......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......nvolvement of the petitioner in the conspiracy and, as such, the statement of those witnesses and the confessional statements of the two accused persons may be taken into consideration at the time of trial and, as such, there were sufficient materials before the Sessions Judge to frame charge agains..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Appeal No.540 of 2001. Judgment Md. Ali Asgar Khan J.- This Death Reference under Section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Pirojpur for confirmation of the sentence of death imposed upon Seema Begum on her conviction for the offence......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......tion 302/34 of the Penal Code. Consequently the case record was transmitted to the Court of the Sessions Judge who transferred the same to the Court of the Additional Sessions judge who after holding trial convicted and sentenced the condemned prisoner and the convict appellants as aforesaid. 3. ..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this Rule, briefly, be put thus:- 3. One Talukder A. Razzak, being the informant, lodged an F.I.R. against the accused-petitioner with the New Market Police Station, Dhaka w......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......n of the accused to deceive the informant and all these disclose the offence as alleged. Mr. Diliruzzaman further submits that it will be for the informant to prove his allegations by evidence at the trial and that he can not be shut out at this stage by telling him that his remedy lies in a civil s..Category: Criminal Law | Date: | Hits: 108
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....ed, must have to prove the case beyond reasonable doubt. He cannot, on his failure to do so, take advanÂtages of the weakness of his adversary's case. He must be succeeded by the strength of his own right and the clearness of his own proof……………………………………(26) Burden of ......ight and the clearness of his own proof……………………………………(26) Burden of proving alibi Burden of proving alibi or any other plea specifically set up by an accused husband for absolving him of crimiÂnal liability lies on him. But this burden is somewhat lighter than that......he house of accused Azizul Hossain Mondal is about 1(one) mile away form the house of the informant which is intervened by 20/25 housÂes. It appears from the evidence on record that there was love affairs between the accused and the victim before their marriage. 28. The prosecution has examined ...... justice delivery system is the innocence of the alleged accused till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable eviÂdence. 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: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
.... fashion to abdomen. • Left side of the upper abdomen, left flank, left middle third of the back of the trunk. • Most of the left arm. • Small areas in the upper and middle part of the right arm. • Multiple scattered areas over the dorsum of right forearm. He had undergone one......6(8)02. corresponding to G.R. No.812/02 convicting the accused-appellant (convict-prisoner) under Section 5(Kha) of the Acid Aparadh Daman Ain, 2002 and sentencing him to suffer rigorous imprisonment for 10(ten) years and also to pay fine of Tk.10,000/- in default, to suffer simple imprisonment for ......gir. The P.W.6 (wife of the victim) also has described the circumstances of teasing and Creating nuisance on her way to the school by accused Jahangir. She was a Student of Class IX and had no love affairs with the accused Jahangir and due those teasing and nuisance, her Family gave her marriage wit......lfuric acid. He also recorded the judicial statement of the victim under Section 19 of the Ain and thus submitted a charge sheet under Sections 5(Ka)/7 of the Acid Aparadh Daman Ain, 2002 praying for trial of the accused persons. 4. The case was ultimately received by the learned Judge of the Aci..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....h a long period to come up with any application for amendment of the plaint which is now being sought for; hence for this inordinate delay, plaintiffs application for amendment of the plaint has been rightly rejected by the learned Munsif and the impugned order therefore should be upheld and not set......s issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 p......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......shall pay a sum of Taka 300.00 (three hundred) as costs to the contesting defendant‑opposite party within 6(six) weeks from the date of receipt of this Judgment and order by the Court below and the trial Court is directed to proceed with the trial of the suit after amendment of the plaint as propo..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....land instead of being recorded in the name of the Asram was wrongly recorded in the name of the Zamindar Dhirendra Nath Roy and his cousins. But the plaintiff continued to possess the same in its own right for more than 12 years on payment of rent to the Government. The defendant Nos.1‑3 in collus......No.230 of 1980 reversing the Judgment and decree dated 20‑11‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impugned Judgmen......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......itle Appeal No.230 of 1980 reversing the Judgment and decree dated 20‑11‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impu..Category: Property Law | Date: | Hits: 113
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......d of by this judgment. 2. It has been asserted in the plaint that the plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his hous......arise and moreover, sea water cannot enter into the container during voyage from Singapore to Chittagong, because the said voyage was in the month of January which is a winter season when the sea was fairly calm and hence the allegations made by the plaintiff's surveyor whose alleged survey was unil...... plaintiff entitled to recover the compensation for the loss and damages in accordance with the survey report? (5) Is the defendant No.3 liable for the alleged claim of the plaintiff? 8. At the trial the plaintiff examined his attorney Mr. Abdul Hamid Khan as P.W.! as sole witness who submitte..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....deed No.8236 dated 16.11.1989 transferred his portion to the plainÂtiff, who is in possession in the suit land by constructing dwelling homestead thereon and paying taxes. The defendants have got no rights title, interest and possession in the suit land but they were trying to dispossess the plaint...... Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of t....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ...... 5. On the pleadings different issues were settled including the issue of maintainability and the plaintiff has exclusive right title interÂest and possession in the suit land. 6. In course of trial the plaintiff examined four witnesses and proved his documents as exhibits 1-8. The defendants..Category: Civil Law | Date: | Hits: 181
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