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Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....of the outer house. Then accused Shahjahan alias Submia hit on die elbow of the left hand of the victim with an iron rod and had broken the bone causing bleeding injury. Accused Montaz Mia hit on the right leg below the knee and had broken the bone causing bleeding injury. Accused Swapan Mia hit on ......13.4.88 passed by the Sessions Judge, Comilla in Sessions Trial No. 29 of 1987 convicting all the appellants under sections 302/34 of Bangladesh Penal Code and sentencing each of them to imprisonment for life. 2. Prosecution case, inter alia, is that on 29.10.86 Wednesday at about 12‑00 AM n......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......r, case of the prosecution is that the victim was sent to Dhaka and he died there on 2.11.86 and his dead body after post mortem examination was brought to Langalkot and buried there. 3. At the trial all the accused persons were charged under sections 302/34 BPC to which they pleaded not guilt..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....of landing the goods were surveyed by defendant No.4 and finding of the surveyor way admittedly entered into the jetty survey register. The plaintiff asked for extension of time for survey but it was rightly refused by defendant No.4 as the plaintiff did not avail themselves of the opportunity to ge......1954) 2 QBD 402; Sre Nair Teng Bank Ltd. Vs. Rambler Circle Company Ltd., 1953 All- ER, PC 182; Matthews Vs. Gibbs (1860) 30 L.J.Q B. 55) Lawyers Involved: M. Fazlul Karim, Pritish Bhatachartya for Mafizullah, Advocates -For the Appellants. Mozammel Hossain with Kamalul Alam, A.K.M. Anwaruz......of negligence and misconduct of the staff and crew of the ship owner and also of the Jetty Staff who might have mishandled these drums but the defendants not having disclosed the tally and actual affairs the plaintiff is unable to fix this liability. The defendant No.1 having entered into the cont......t Trust denied any liability for any damage caused in 23 drums in question. Defendant No.5 also stated that there was no negligence or misconduct on the part of the staff of defendant No.5. The trial Court framed the following issues:- 1. What is the extent of the loss if any suffered by th..Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......II, Dhaka in Special Tribunal Case No.221 of 1980. 2. Appellant namely Mati Miah of Crl. Appeal No.365 of 1986 and appellant Shamsu Miah of Criminal Appeal No.493 of 1986 were placed on trial before the Special Tribunal No.VII Dhaka to answer a charge under section 19A of the Arms Act read wit......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......nal No.VII, Dhaka in Special Tribunal Case No.221 of 1980. 2. Appellant namely Mati Miah of Crl. Appeal No.365 of 1986 and appellant Shamsu Miah of Criminal Appeal No.493 of 1986 were placed on trial before the Special Tribunal No.VII Dhaka to answer a charge under section 19A of the Arms Act ..Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....ngs and then is no question of the court being functus officio. 12. It is thus fairly established that in cases of fraud upon the court, the court may exercise its inherent powers to set things right, even though there an alternative remedies open. In some of the cases it has been observed tha...... Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upo......as inherent powers to recall orders obtained by practising fraud on it, at the instance of a party to the. proceedings and then is no question of the court being functus officio. 12. It is thus fairly established that in cases of fraud upon the court, the court may exercise its inherent powers......peal he died and the opposite parties got themselves substituted in his place as heirs and legal representatives. They prosecuted the appeal. A Division Bench of this Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on ..Category: Procedural Law | Date: | Hits: 130
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....s cut from the upper part. The limb was cut by a sharp cutting weapon. Extravasation and blood clot were found. Age of the wound was 48 hours and it was a male leg. According to his opinion, the male right limb was separated from the upper part by a sharp cutting instrument. The wound was ante-mor......Ator Ali, Mushuri, Siddik, Jilani, Abdul Ali, Piar Mia and Mukkya have been convicted under sections 302/34 of the Penal Code read with Special Powers Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia an......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......ferent time and the accused persons falsely have been implicated in this case due to previous enmity and non‑consideration of the defence suggestion by the learned Additional Judge has vitiated the trial and the appellants are entitled to acquittal at least on the ground of benefit of doubt. The l..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....efendant No.2, Abdul Haque Sarder, Kali Kanta Chatterjee, Anil Kumar Ghosh and Bupendra Nath Das who were tenure holders under the aforesaid Touzi Nos.120 and 1142 took permanent settlement in raiyad right of both the above mentioned island chars at a rental of rupees 3.00 per acre from the governme......d 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in the District of ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......s claiming the disputed land as island chars arising out of the bed of the river Kazibacha situated in Mouza Tetultala through which the river runs. 4. Claimant Nos.2‑51 have been treated by the trial Court as defendants in the suit and for the sake of convenience we shall also term them as suc..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
...., 1969 with a prayer to direct the present petitioner to select Traffic Inspectors from only the existing Assistant Traffic Inspectors and not to deprive the present respondent Nos.1-7 from their right to be selected, they being seniors as Assistant Traffic Inspectors. 3. The case of the resp......nt Traffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their join......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......isconceived. They obtained the impugned order of temporary injunction which was passed without giving the petitioner any opportunity to show cause or to have a hearing. In the I.R.O. case no industrial dispute being present the Labour Court could not be deemed to be a Civil Court or to have an..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......olved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman Advocate for AKM Fakhrul Islam, Advocate - For the Petitioner. Mahbubey Alam, Attorney-General with Murad ...... of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents, Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Ministry of Home Affairs and Government of People's Republic of Bangladesh to show cause as t......own in Article 47(3) of the Constitution read with the provisions laid down in International Crimes (Tribunal) Act. 1973 since the first amendment of our Constitution on 15th July 1973 provides for trial of Prisoners of War who committed crimes against humanity. Mr. Islam further submits that the ..Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ccused-appellant. 4. Mr. Golam Kibria, the learned Deputy Attorney-General, was candid enough to submit that every accused charged under section 302 of the Penal Code punishable with death has got right to be defended by a lawyer and the abscondence of accused, if any, should not deprive him of s......33; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: Md. Ashraf-uz-Zaman Khan for Md. Rezaul Haque, Advocate—For the Appellant. Golam Kibria, Deputy Attorney-General with Md......e of. Cases Referred to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: Md. Ashraf-uz-Zaman Khan for Md. Rezaul Haque, Advocate—......submitted charge-sheet against the accused appellant Babu Khan on 2‑11‑1984 under sections 380/511/459/326/302 of the Penal Code and that the case thereafter was sent to the Court of Sessions for trial. The learned Sessions Judge on 7‑1‑1986 framed charge against the accused appellant under ..Category: Criminal Law | Date: | Hits: 123
....tant Judge committed no illegality in passing the impugned judgment and order and so his decision does not warrant any interference by this Court. According to her, the learned Senior Assistant Judge rightly held that the plaintiff had raised a dispute involving two Ministries which could only be re......etitioner, the Additional Deputy Commissioner (Revenue), Barguna, the Deputy Commissioner, Barguna, the Assistant Commissioner (Land) Barguna, the Secretary, Ministry of Land and the Chairman, Land Reforms Board, were impleaded in the said Title Suit No.55 of 1997 as the defendants. The Principal, B......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542....... any interference by this Court. According to her, the learned Senior Assistant Judge rightly held that the plaintiff had raised a dispute involving two Ministries which could only be resolved in the trial of the Suit. The learned Advocate has submitted that the plaint did disclose a cause of action..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nvestigation on adequate evidence for arriving at a correct decision on framing specific issues by the trial Court. 23. For the reasons stated above, we are of the opinion that the trial Court has rightly rejected the application filed by the defendant petitioners under Order 7 rule 11 of the Cod......case are that the present opposite party as plaintiff instituted the Title Suit No.120 of 2004 impleading the petitioners as defendants in the Court of Joint District Judge, 2nd Court, Sylhet praying for declaration that the Kabala dated 15-7-2004 in favour of defendant Nos.1-5 executed by the defen......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......the plaint, Judgment and orders of the Courts below, Revisional application, the supplementary affidavit and counter affidavit filed by the respective parties. 12. It appears from the order of the trial Court that upon hearing the application preferred by the defendant petitioners, rejected the s..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....an submits that the appellant again became a defaulter in not paying the rent to the House Rent Controller within the first week of the month concerned. Accordingly, he submits that the trial Court rightly held that not only for the month of December, 96 and January 1997 but the tenant also became......ecords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......llowing, as provided under section 18(5) of the Act, 1991, the defendant appellant is not a defaulter as such is not liable to be evicted on such ground. He next submits that the learned Judge of the trial Court was wrong in calculating the rent for the scheduled premises, to be paid by the defendan..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......assed by the High Court Division in Death Reference No.94 of 2005 with Criminal Appeal No.2686 of 2005 and Jail Appeal No.690 of 2005.) Judgment Muhammad Imman Ali J. - This jail petition for leave to appeal at the instance of the condemned petitioner Mohammad Selim is directed against t...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......ourt of Sessions Judge, Chittagong where it was numbered as Sessions Case No.01 of 2001. Again the case transferred to the Court of Additional Metropolitan Sessions Judge, First Court, Chittagong for trial. 6. Charge was framed under section 302 of the Penal Code against the condemned prisone..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Anisul Haque, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 368 of 2010. (From the judgment and order dated 2nd July, 2009 passed ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e said charge was read over, the accused present pleaded not guilty and claimed to be tried. The case record was again transferred, this time to the Court of Judge, Special Tribunal No.6, Comilla for trial. During the course of trial the prosecution examined as many as 17 (seventeen) witnesses cited..Category: Criminal Law | Date: | Hits: 119
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......ik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners
Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents
Civil Petition for Leave to Appeal No. 249 of 2011.
(From the judgment and order dated 7th November, 2010 pas......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......3 for declaring the property as Lawarish under section 92Ka of the State Acquisition and Tenancy Act was illegal, without jurisdiction and not binding upon the plaintiff. That suit was decreed by the trial Court but the appellate Court reversed the judgment and dismissed the suit against which the p..
Category: Property Law | Date: | Hits: 181
....that was recommended by the concerned Ministry but ultimately failed to get any allotment. It is their case that they are in possession in the suit land and, as such, they have got the preferential right to get the plot's from the defendants. Initially the plaintiff made a claim for getting leas......is allowed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Banglades......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479........W.1 did not adduce any evidence to prove their co-share ship of the original owner of the land and specifying as to who is co-sharer of which owner. No document was submitted before the Court at the trial to show that they were heirs of the original owner. Only they have submitted some application ..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......titioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ...... in respect of dishonoured cheque is guided by the provision of sections 138 and 141 of the Negotiable Instruments Act. Nowhere in these sections or other sections of this Act is mentioned that joint trial of the transaction of same nature and between same parties is not permissible rather is no pro..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....of section 58 and orders 21 rule 32 of the Code of Civil Procedure and passed the order. The learned Additional District Judge in passing the impugned judgment and order held that the executing Court rightly proceeded as per provision of Order XXI, rule 32(5) of the Code of Civil Procedure. 9. Mr......thereby affirming those of dated 11-1-2004 passed by the learned Senior Assistant Judge, Chandanaish, Chittagong, in other Execution case No.5 of 2002 making an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuanc...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......aid judgment and order, the judgment obtained the present rule by filling the present revisional application. 6. Mr. Fariduddin Khan, the learned Advocates for the petitioners submits that the trial Court passed the order of Civil imprisonment without following the procedure as laid down un..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. 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: 63 DLR (HCD) (2011) 452. ......7 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 13-3-2007 at 17-15 hours the informant Anzuara Begum, a retired Assistant Nurse of health Complex, Hakimpur, District Dinajpur, l......er is discharged from his bail bond. 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: 63 DLR (HCD) (2011) 452. ......hnakari Aporadh (Druto Bichar) Ain, 2002. 4. The case was transferred to the Court of the Magistrate, 1st class, Dinajpur and Ain Sringkhata Bighnakari Aporadh (Druto Bichar), Dinajpur for holding trial, who framed charge against the accused petitioner under section 4(1) of Ain Sringkhala Bighnak..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ent and evaluation of the evidence on record. But at the same time Mr. Guha submits that the findings of facts arrived at by the appellate Court below is otherwise correct on the basis whereof he has rightly reversed the decision of the trial Court. 8. Heard the learned Advocates, perused the mat......Advocates - For Opposite Parties. Civil Revision No.4874 of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under se......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......Eventually the case was taken up for hearing by the learned Senior Assistant Judge, Shyam Nagar, Satkhira where witnesses from each sides were examined in support of their respective cases before the trial Court and upon conclusion of the trial the learned Assistant Judge by his judgment and order d..Category: Property Law | Date: | Hits: 79
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