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State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....uq J State……………………………Petitioner Vs. Abdul Momin Sardar………………………………Opposite Party Judgment March 22, 1998. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appel......ying for a medical report from the medical officer Sylhet Jail about the health condition of the appellant Abdul Momin Sarder and the Division Bench presided over by MM Hoque J after hearing the same called for a medical report as prayed for and accordingly, the aforesaid medical report was sent by ......bout the order granting bail to the convicted Abdul Momin Sarder is not without any foundation. 6. When a person is convicted on the charge of murder under sections 302/34 of the Penal Code by the trial Court and sentenced to imprisonment for life normally he is not enlarged on bail. Sub-section ......s discretion to enlarge a convict has not been clearly stated under the provisions of sub‑section (1) section 426 but that discretion is to be exercised in consonance with the practice of the Court and well settled judicial pronouncements and norms. Before liberation when there was no heavy pressu..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....dent Judgment March 23, 2008. Result: The appeal is dismissed. The Arms Act, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the......Mohiuddin under section 19A and 19(f) of the Arms Act by the judgment and order dated 24-7-2005. 12. 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......o constitute offence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the tribunal must frame charges under section 19A as well as 19(f) ......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law.....

Category: Criminal Law | Date: | Hits: 92

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....r for waiver from payment of the requisite tax for want of authority under section 158(2) of the Income Tax Ordinance, 1984, in short, the Ordinance. 2. The petitioner is stated to be a charitable society registered under the Societies Registration Act, 1860, and runs different projects for the a...... the above facts may be not necessary for disposal of the issue(s) that are involved in this Rule but may be illuminating and reflective on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under whic......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

....the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case No.201 of 1999 convicting the appellants under section 398 of the Penal Code and sentencing thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous impr...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......f 1996 and the police, on completion of the investigation submitted charge sheet on 31.5.1996 against 5 persons including the appellants under section 398 of the Penal Code The accused were placed in trial being charged under section 398 of the Penal Code. The accused pleaded not guilty and claimed ......eported in: 13 MLR (HCD) (2008) 410. ..

Category: Criminal Law | Date: | Hits: 86

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

.... April 24, 2008. Result: The Rule is discharged. Jurisdiction of a Civil Court The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases whether the provisions of any ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......red by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government Autonomous Body and the post of the plaintiff is an irregular temporary post. 5. The trial Court decreed the suit. 6. Being aggrieved thereby, the defendants preferred appeal before ......n (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another………………�..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatched fence and on the other hand the defendant also purchased 24.30 decimals of land from the co-sharer of the suit plot and in this way plaintiff an......ed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit no 161 of 1998 dismissing the Suit of the plaintiff and the case having been concluded on finding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is di......��……….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding genuineness or otherwise of a registered transfer deed. This can only be done in ......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)

....d……………………………….(23) Purpose of enactment of the Negotiable Instruments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of exchange and cheques. It is a special type of law. It has supremacy over gene......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently th......s Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the ca..

Category: Criminal Law | Date: | Hits: 70

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....mpanion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by the side of the river from the east to west followed the same. After sometime when the Trawler stopped he saw a man boarding and then getting down from the Trawler and s...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... 303 rifles and one bayonet as well as other articles. Upon lodging that ejahar the instant case was started. 3. The convict-petitioner alongwith seven other accused were charge sheeted and put on trial before the Special Tribunal No.2, Munshiganj where they were charged under Section 19A and 19(...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

.... Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No......Alam alias Nurul Alam be set free from the custody if not wanted in connection with any other cases. Let the process if issued against absconding convicts Helaluddin alias Pearu, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned ......were started. The case was investigated by the Investing Officer who after completion of investigation submitted police report under sections 395/397/400/302 and 34 of the Penal Code recommending the trial of 8 accused named in the charge sheet and eventually the accused were put on trial before the......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

.....(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title by adverse possession as title by adverse possession is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. .......he suit land is not Government property. Learned Advocate further submits that, plaintiff did not produce any reliable evidence to show that there was any agreement for selling of the suit land by so-called owner as there being no evidence on this score as such, learned Judge committed gross illegal......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and tyranny at the hands of interested and designing persons. The High Court Division can really help very little because no provision is found in the Code ......ite of the provisions 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. ......arged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaining in the field of administration of justice is bound to......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co..

Category: Procedural Law | Date: | Hits: 102

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....ormant Golam Mostafa was sleeping in his own ghar in the same house. At about 12 hours informant Golam Mostafa woke up at the hue and cry of his brother Jamiruddin and he went out of the ghar and saw some persons running away and his brother Jamiruddin tried to run after them but he fell down. He sa......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ntence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions Case No.42 of 1992 arising out of Shailakupa PS Case 12 dated 15‑4‑1992 and GR 41 of 1992. 2. Prosecution case at the trial, in brief, was that deceased Jamiruddin brother of informant Golam Mostafa, went to bed in new......his Case is also Reported in: 55 DLR (HCD) (2003) 699. ..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

...............Petitioners Vs. National Board of Revenue, Dhaka & others..............................................Respondents Judgment May 25, 2003. Result: The Rules are made absolute. Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V P......and certify the quality, quantity, price, description and customs classification in respect of any importable goods for which pre-shipment inspection is mandatory, and to issue a certificate which is called Clean Report of Findings (CRF) and that the CRF shall be accepted as the basis for assessment......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ...... 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....nt about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long………………………………….(5) The Code of Criminal Procedure, 1898 (Act No. ......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ...... failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution...... 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could ..

Category: Criminal Law | Date: | Hits: 92

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....etitioner with allegations that the petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule w......eath certificate were filed by the petitioner in the proceeding of Title Suit No.1653 of 1981. But he abstained from tendering these documents in evidence. However the plaintiff (opposite party No.1) called for the death register and got it exhibited as Ext-7 (vide-Annexure-A) wherefrom it was found......co-defendant filed First Appeal (F.A.) No.103 of 1986 in this Court and this appeal was dismissed by a Division Bench of this Court by judgment dated 29.7.2001 affirming the judgment and order of the trial Court. Thereafter Abu Saleh, the present opposite party No.1 being plaintiff of the aforesaid ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: ..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....sion of the trial Court must independently consider the evidence on record but in the case of affirming the findings of the trial Court, the narration of the entire evidence and reiteration of the reasons given by the trial Court are not essential. In such a case expressions of general agreement wit......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the plaintiff to a share of the estate or to specific land of the estate and assert a hostile title and adverse possession . . . The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the find......urt High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposi..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

.... Vs. State, 7 BCR (AD) 165; AB Siddiqur Rahman Vs. AM Harunur Rashid, 3 BLT (AD) 64. Lawyers Involved SB Bhandary, Advocate — For the Petitioner. Md. Khurshid Alam Khan with Md. RS Masood and Muzibur Rahman, Advocates — For Opposite Party No. 1. Md. Shahidul Islam, Deputy Attor......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......oceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postpone trial of a case under section 344 of the Code. . . Subsequently filed Civil Suit has no bearing on t......ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp..

Category: Procedural Law | Date: | Hits: 128

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....hury J Ali Azam Saial and others……………Petitioners Vs. Joynal Abedin Saial and others……………Opposite Parties Judgment January 26, 2009. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......ed and registered by a fictitious person in the name of Abdul Majid Saial. The defendants contested the suit by filing written statement denying the material allegations made in the plaint. The trial Court decreed the suit in favor of the plaintiffs. 4. Being aggrieved thereby, the defendan......ed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..

Category: Administrative Law | Date: | Hits: 452

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

.... Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brou......heir evidence on any point and, as such, the impugned judgment calls for no interference by this Court. 11. In the arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in t......ies upon the prosecution which must prove charge substantially as laid to the hilt and beyond all reasonable doubt on the strength of clear, cogent, credible and unimpeachable evidence. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rest on th......lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on ..

Category: Criminal Law | Date: | Hits: 74

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....ontended that the plaintiff contractor has been executing the work of the contract with due diligence and proficiency but the defendants were finding faults with the plaintiff without any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for completion of the wor......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......rator is evidently illegal and unlawful and all actions taken by Mr. Justice Abdur Rahman Chowdhury must be held to be exercises in futility and, consequently, nullity in the eye of law. 6. At the trial the plaintiff examined as many as 2 witnesses and exhibited a series of documents in support o......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with..

Category: Alternative Dispute Resolution | Date: | Hits: 543

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