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Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....l is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction…………......examination reveals that the defence case is of pure innocence. After the closure of the evidence, accused Sadhan Mohajan was examined under section 342 of the Code of Criminal Procedure who on being called at to adduce evidences on defence, declined to adduce any evidence. The accused Badsha Alam c......he charges were readover to the person on dock namely Sadhan Mohjan who pleaded not guilty and claimed to the tried. The accused Badsha Alam Chairman of the Project Committee has absconded during the trial as such the charges could not be read out to him and thus it was framed in absentia. 7. For......arch 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never fo..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
.... and sentence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990 convicting him under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment ...... before the Magistrate 1st class under section 164 of the Code of Criminal Procedure as the same were not recorded in accordance with law and further the said witnesses while deposed in court being recalled by the court did not own their said statements and, as such, the impugned judgment and order ......arge sheet in the case against six persons including the appellant under section 302/34 of the Penal Code. 4. Eventually the convict appellant along with other accused (since acquitted) was put on trial before the Additional Sessions Judge, Pabna in Sessions case No.49 of 1990. As the convict app...... The State…………………………………………………………………………..Respondent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibri..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed that the order was passed without serving him any prior notice and assigning him any reason whatsoever. 3. Bangladesh represented by the Secretary, Ministry of Expatriates’ Welfare an......g its office at 116/1 (Ground Floor), D.I.T Extension Road, Fakirapool, Dhaka had obtained a recruiting license being R L No.1105 from the Government under the Emigration Ordinance, 1982 (hereinafter called the Ordinance) and was conducting business of exporting manpower. All on a sudden the Governm......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru..Category: Constitutional Law | Date: | Hits: 407
....n Ahmed and others……………...Petitioners
Vs.
Secretary, Ministry of Liberation War Affairs and others…....Respondents
Judgment
November 11, 2012.
Result
The Rule is made absolute.
Lawyers Involved:
Zamirul Akhter, Advocate -For the petitioners.
J. K. Paul, Advoca......crificed his life in 1971 during the war of liberation in a front battle against the occupation army at Chhagalnaiya EPR Camp, Feni.
3. Respondent 2 Bangladesh Muktijodda Kalyan Trust (hereinafter called the Trust) is the successor of Bangladesh Freedom Fighters Foundation and has been establishe......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 103
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
.... and 2 and after her death the defendants inherited the suit land and that the defendant Nos. 1 and 2 verbally agreed in January, 1987 to sell it to the plaintiff. Iman Hossain, their elder brother also verbally agreed to sell his portion of land measuring .66 decimals of the said Mouza to the plain......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......ee letters were not written by defendant No.1 nor possession of the suit land was handed over to the plaintiff. 4. P.Ws. and 2 D.Ws. were examined in support of their respective cases. The learned trial Court on consideration of the evidence and materials on record by his judgment and decree date......wn the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....n 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of disÂcharge. He has to comply with certain requiÂrements. He must assign cogent reason and should come to a finding that the charge is groundless and in doing so, in a complaint case,......ny case of abuse of the process of the Court inasmuch as the case for the complainant prima facie discloses offences under sections 147, 448 and 380 of the Penal Code and no interference is therefore called for. 11. Mr. Moqbul Ahmed, the learned AdÂvocate appearing for the accused petitioners, s......ase is not disclosed, the Magistrate has to state the case for the prosecution and give a finding that even if the whole case for the prosecution as believed, no offence whatsoÂever is made out. The trial Court under section 241A Cr.P.C. (or section 265C Cr.P.C.) ordinarily can not go beyond findin......upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Md. Abdul Jalil J Haji Azizur RahÂman and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ank in his own name on the basis of the said Bill and misappropriated the entire amount without deposited the same in the Bank and had shown a false deposit of the said money in the Bank for the said social welfare office concerned with a forged counter-foil. 3. On receipt of the petition of such......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......r and the case was numbered as Special Case No.10/89. Thereafter the learned Sr. Special Judge, transferred the same to the learned Special Judge and Assistant Sessions Judge, Court No.3, Rangpur for trial and disposal. 4. The accused appellant Mostafizur Rahman appeared before the learned Senior...... No.724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....J Md. Abdul Mannan J Yunus Molla (Md.)…………………………Petitioner Vs. State………………………Respondent Judgment July 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. Md. Abdus Sala......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......ecial Judge, Khulna. 2. Mr. Syed Ziaul Karim, the learned Advocate for the petitioner, submitted that in pursuance of section 8(a) of Criminal Law Amendment (Amendment) Act (XIII of 1987) that the trial of the case having not been concluded within a period of 2 years from the commencement of the ......ndment) Act (XIII of 1987) that the trial of the case having not been concluded within a period of 2 years from the commencement of the said Act on 20‑1‑87 the proceeding was liable to be stopped and the accused‑petitioner released. The learned Divisional Special Judge acted illegally in not s..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....hers………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the company he cannot do so unless authorised by a resolution ...... the vessel which carried the cargo into the Port of Chittagong. In the instant case it is a case of non‑delivery of the goods to a person who is entitled to it under the Bills of Lading. It may be called wrongful or improper delivery of the cargo. 43. In the Princies Royal Lr. (1870) 3 ACE 41,...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Minarul Islam Mondol @ Miton……………………………………………Opposite Party Judgment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the ......nt of Taka 16,000.00 which is said to have been deposited with a lawyer has been paid to the plaintiff or she herself received the same. There is nothing also as to solenama or agreement as it can be called the result of the salish. While plaintiff testified in the trial Court, she categorically sta...... the wedlock ended in a divorce on the aforesaid date. The defendant took Other Family Appeal 205 of 1994. The appeal was contested by the plaintiff. The appellate Court set aside the Judgment of the trial Court and also dismissed the whole suit of the plaintiff by the impugned Judgment and decree. ......ment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part the..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....ere obtained, and notice having been duly served, they appeared in due course by filing affiÂdavit through their learned Advocate AHM Mushfiqur Rahman. The Chairman of the Civil Aviation Authority also appeared through his appointed learned Advocate Mr. Saifuddin Ahmed Chowdhury. Md. Nazrul Islam C......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......roken and he expressed his desire to produce the X-ray report and did in fact produce six X-ray plates, some of which were taken before plastering and some taken afterwards. It appears that after due trial by the Court martial the respondents No.4 to 7 were convicted and sentenced variously, whereas......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is disÂ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
....i and Akfar Ali Talukder of Amiruddin Wakf Estate during CS operation. Thereafter the said land became cultivable whereupon the plaintiff got ক schedule land measuring an area 1.28 acres from three sons of Dinesh Chandra Roy and Bhupendra Chandra Roy by way of pattan on 15th Aswin, 1348 BS and on ......e executed the kabuliyat being No.2968 in respects ক schedule land in favour of the Zamindar on 1st Kartik, 1348 BS At the time of trial the respective volume from the concerned registry office was called by the trial Court and on examination of the volume it was detected that thedeed No.2968 is n......y of some fictitious documents and he has no right, title and possession in the suit land. Therefore, the suit is liable to be dismissed. 7. On the pleadings following issues were setÂtled by the trial Court. a) Whether the suit was maintainable in the present form? b) Whether the suit was......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of BanglaÂdesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....ality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examination under Section 342 of the Code is for the protection and benefit of the accused persons…………….………………(18) Cases Referred to- Mizazul Islam @ Dablu Vs. State......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......Station Case No.2(4) of 1996 under Section 394 of the Penal Code. The police after investigation submitted a charge sheet under section 394 of the Penal Code against the accused persons. 3. In the trial prosecution examined 5 witnesses out of whom P.W.4 was tendered by the prosecution but the def....... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....tate…………………………………Opposite Party Judgment August 22, 2010. Result: The rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment with prop...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......n that this petitioner had no manner of involvement with the aforesaid deal and that he did not receive the goods etc. are all questions of fact which the parties are entitled to prove at the time of trial and these facts cannot be decided while exercising jurisdiction under section 561A of the Code......lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....aima Haider J Ahmed Akbar Sobhan…………………………Petitioner Vs. State………………………….Opposite Party Judgment June 22, 2011. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A A convict may invoke t......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......f 1898); section 561A A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction ...... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse..Category: Criminal Law | Date: | Hits: 109
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. Result: The Rule is made absolute. Lawyers Involved: Santi Ranjan Karmaker with Mir Mahfuzur Rahman and Abdus Salam Mond......to take ad‑interim action, the one as impugned in the writ petition, while proceeding under section 32 of the Parties. Ordinance for removal of the Mutwalli pending and that report of the inspector called for by the office of the respondent No.1 as regards the allegation made in the application fo...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. R..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule is made absolute. Lawyers Involved: Mahmudul Islam with MA Hannan, Advocates — For the Petitione......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......23-1-2000 and No. 8/Shrimp-2000 issued under No. 35 dated 23-1-2000 in favour of the petitioner. 2. The facts leading to the issuance of the Rule, in brief, are: MHK Enterprise Ltd of 14 BFDC Industrial Estate, Fish Harbour, Chittagong was the owner of two fishing vessels, namely, 'FVT Salsabil' ...... Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule ..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....ersing the Judgment and Order dated 31-5-2007 passed by the Senior Assistant Judge, 6th Court Dhaka in Title Suit No.17 of 2006 in rejecting the application for rejection of plaint. 3. The predecessor in interest of the present opposite parties as plaintiffs instituted Title Suit No.7 of 1956 for...... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......itle Suit No.68 of 2003 now pending before the Joint District Judge, Dhaka wherein the predecessor in interest of the petitioners are different. The defenÂdants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, ev......r at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....cies are of minor character, do not go to the root of prosecution story and do not shake the basic version of the witness they need not be given more importance and their testimony should not be jettisoned…………………………………(28) Evidence of police personnel When there is co......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......rous imprisonment for 3 (three) months more with a direction to run the sentence of imprisonment concurrently. 2. The prosecution case, as projected in First Information Report and unfurled during trial is that P.W.1 Police Inspector Faruque Ahmed on 10.5.1996 received a secret information to the......€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. The State………………………….Respondent Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecuti..Category: Criminal Law | Date: | Hits: 79
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
.... and the parties are directed not to seek any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......and filed written objection and contested the same. Then on 8.7.1990 the Artha Rin Adalat found that the misc. case is beyond his jurisdiction. So he sent the Misc. Case to the learned District Judge trial. The learned District Judge on receipt of the Misc. Case fixed 15.9.1999 for trial. On that da......t: The rule is discharged. Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahanara Akhter, 49 DLR (AD) 1980; New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and others, 42 DLR (AD) 221, 18 BLD (AD) 124, 18 BLD (AD) 136; Jahanara Akhter Begum and others Vs. ..Category: Civil Law | Date: | Hits: 127
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