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Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)

....on to deal with the cases under section 19(a) and (f) of the Arms Act, which falls under the exclusive jurisdiction of the Special Powers Act and since the charges have been framed by this Tribunal also against offences which falls under the Arms Act, the trial as proceeding is illegal. The learned ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... the Arms Act, which falls under the exclusive jurisdiction of the Special Powers Act and since the charges have been framed by this Tribunal also against offences which falls under the Arms Act, the trial as proceeding is illegal. The learned Advocate then submitted that there is no specific allega......man J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Jana Nirapatta (Bishesh Bidhan) Ain, 2000 and that in the instant case charges have been framed by the Tribunal under section 10 of the Jana N..

Category: Criminal Law | Date: | Hits: 79

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....at Ali J Monowara Khatun and another……………Petitioners Vs. Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defendants have already taken possession, a suit for permanent injunction is ...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......g her said purchased land which is not within the suit land and the plaintiffs cannot get any relief against her and so the defendant No.6 prayed for dismissal of the suit. 7. The suit came up for trial before the Court of learned Assistant Judge, 1st Court, Dhaka and at the time of trial one Hum......t once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

.... J Sadiul Alam……………………………….Petitioner Vs. State…………………………………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a cas......acts and legal aspects of the case, it is not alleged in the First Information Report that the accused-petitioner and others refused to pay off the loan amount and interest to the bank. It may be recalled that the accused-petitioner and others after taking loan from the bank sold out 35 Taxi Cabs ......te, 28 DLR (AD) 38]……………………(10) The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the process of the Court or otherwise to secure ......Procedure, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

....�…..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 47 DLR 18; Adnan Afzal Vs. She...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... special forum for deciding the matter specified in section 9 irrespective of the faith of the parties and that is meant for expeditious disposal of the cases and it has also provided a procedure for trial of cases in camera if required for maintaining secrecy, confidentiality and for deciding some ...... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....of clear cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecut......��…………….(38) For the purpose of fixing punishment, proportionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punis......ry support to the legal position that answers given by the accused during such examination are intended to be considered by the Court. The words "it may be taken into consideration in such inquiry or trial" in section 342(3) of The Code would amount to a legislative guideline for the Court to give d......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....hly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from in......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ...... 2003 by convict-Appellant was convicted for offence punishable under section 19A of the Arm Act and sentenced to suffer rigorous imprisonment for twenty (20) years. 2. Accusation which led to the trial of the case was that on conducting search on the person of convict-appellant a foreign made re......�………………………Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a char..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

.... Sarker and others……………………..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 19...... revisional application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judg......re served upon the defendants No.2, 3, 5, 7 and 8 which is vital for the purpose of the disposal of the case under order 9 Rule 13 which has been filed mainly on the assertion that before holding the trial of the suit by the Subordinate Judge at Gazipur, the aforesaid defendants died and thereby, th......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance irrespective of the fact whether he is liable to be removed by t......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......ants as contemplated under description Nos.7 and 8 read with Explanation‑1 to section 21 of the Penal Code, previous sanction of the Government is a pre‑condition to taking cognisance and holding trial of the accused opposite parties in term of section 6(5) of the Criminal Law Amendment Act. The......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re..

Category: Criminal Law | Date: | Hits: 130

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....Miah………………………………Petitioner Vs. Samad Miah and others……………………………….Opposite‑Parties Judgment June 9, 1998. Result: The Rule is made absolute. The Penal Code, 1860 (XLV of 1860), section 148 If both parties are found to have comm......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... has caused failure of justice and, as such, liable to be set aside. 10. In the result, the Rule is made absolute. Impugned judgment and order are set aside. The case is sent back on remand to the trial Court. Learned Sessions Judge, Brahmanbaria is directed to decide the case on the basis of the......998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....ties after CS operation and in consequence thereof the Ka schedule land measuring 1.721/2 decimals fell exclusively in the saham of Horekrishna Nath who being in possession thereto died leaving a son Krishna Debnath and a daughter Ananda Sundary; that Sree Krishna Devnath married one Joyananda......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......requisition of Property Act and that is barred by limitation with the above pleadings. The learned Subordinate Judge framed issues and both sides adduced evidence both oral and documentary during trial and in consideration of the same, the learned Subordinate Judge appears to have rejected the p......h Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. R..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....actually committed, sections 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent danger and thereafter, he obtained the cheque. It is ......ring for the State candidly submits that he finds it difficult to support the impugned Judgment and order of conviction and sentence. The learned AAG goes on record to submit that some measures are called for against the concerned Judge for such an utterly callous Judgment, which indicates total......nder sections 385/387 of the Penal Code. 6. The learned Additional Sessions Judge, Mymensingh framed charge against the appellant on 3-5-2003 under sections 385/387 of the Penal Code. 7. At the trial, the prosecution examined eight witnesses, while the defence examined none. The defence case, ......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....��……………Respondents Judgment February 28, 2012. Result: The rules are discharged. When the appointments were made without following the rules and procedures and the same is also found in the enquiry report that the appointments were managed by way of irregularities and corru...... post. In the stated case the fact was that the respondent Md. Selim Reza applied for appointment in the post of Sterilizer aid he was found qualified in the written examination and thereafter he was called for by the appoint committee for interview. Then he was appointed as Sterilizer attached to O......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......also Reported in: 64 DLR (HCD) (2012) 406. ..

Category: Employment/Service Law | Date: | Hits: 148

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....nd by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter Wafex Uddin transferred 2.52 registered deed dated 12.02.1986. Said Abdul Karim also sold out .22 decimals of land to Hafez Uddin by registered deed on 24.03.1986. Subsequently heirs......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... of 1988 have been started regarding the suit property and the plaintiffs have manufactured forged deed for grabbing Government vested property and the suit is liable to be discharged. 5. At the trial both the parties adduced evidence to prove the case. The plaintiffs adduced 4 P.Ws. On the oth......dadul Hoque J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite parties Judgment June 24, 2009. Result: ..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, represented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....hers………………………………Respondent Judgment July 9, 2008. Result: The rule is discharged. Principle of natural justice The principles of natural justice that no person be condemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in t...... - For respondent No.3. Idrisur Rahman, Advocate - For respondent No.4. Writ Petition No. 2645 of 2007. Judgment AFM Abdur Rahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dat......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27) Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... Suit No.296 of 1969 in the Court of Munsef, 1st Court, Sylhet which was re numbered as Title Suit No.49 of 1994 for declaration that the properties described in the schedule of the plaint are the personal properties of late Ramani Mohan Das Baishnab and the plaintiff is the only heir by inheritance...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......y failed to reverse those findings and thus committed fundamental error of law which is an error in the decision occasioning failure of justice. 12. The learned Advocate further contended that the trial Court has specifically recorded findings that the document of sale as stated in the plaint was......ecords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....ar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: The Rule is made absolute. The Constitution of Bangladesh, 1972, article 36 The Bangladesh Passport Order, 1973 ......sked several times the learned Attorney General could not say when the trial of war crimes would commence. He also could not show a single scrap of paper involving the Petitioner in acts which may be called war crimes. In fact the Petitioner in his Supplementary Affidavit filed today has categorical......ust act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is appreciated however the High Court Division cannot condone the Government's act to restrict......gh Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: Th..

Category: Constitutional Law | Date: | Hits: 147

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....Hossain J Rafiqul Islam……………………..Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two)......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......��..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses were examined, but were not produced for cross-examination inspite......Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses wer..

Category: Criminal Law | Date: | Hits: 88

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

....aman J Md. Taimur Rahman alias Toibur……………………Petitioner Vs. The State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a fair chance of acquittal, a person may be enlarged on bail. Lawyers In...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......etitioner has got fair chance of acquittal in this case. He further submits that although charge was framed on 13.7.10 and summons was issued upon the witness and there is no certainty as to when the trial of the case will be concluded and thus he may be enlarged on bail. 7. The learned Assistant...... of 2010. Judgment AKM Asaduzzaman J.- This Rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.73/09 (Manda) corresponding Manda P.S. Case No.29 dated 28.3.2009 under section 448/323/324/307/302/34 of th..

Category: Criminal Law | Date: | Hits: 87

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

.... Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have contr......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......e sheet against-accused Mirza alias Mizan and Md. Abdul Matin under section 19A and (f) of the Arms Act. 4. Case record was sent to the Court of learned Senior Special Tribunal, Dhaka, for holding trial. 5. Special Tribunal No.17, Dhaka, framed charge against accused Mirza alias Mizan with acc......ant (In Custody) Vs. The State…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for con..

Category: Criminal Law | Date: | Hits: 65

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....sts. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court must be satisfied that there is a concluded contract, in fact, that the contract so concluded is not incomplete by reason that the parties have failed to agree, expressly or by impl...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......hat the Court of appeal below has committed error of law resulting an error in the decision occasioning failure of justice in allowing the appeals without reversing all the findings arrived at by the trial Court and therefore, the judgment of the Court of appeal below is not a proper judgment of rev......his Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

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