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Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....reported in 36 DLR 200 a similar view was taken. The petitioner did not prefer any appeal (appeal preferred being withdrawn) and it is submitted on behalf of the State that the petitioner has no right to invoke the revisional jurisdiction of this court as he had alternative forum. It is to be m......7.11.76 with the Nalchity Police Station against the present petitioner and others alleging that on 27.11.76 the petitioner and others took away one-band radio, gold ring, soap, powder etc. and the informant recognised the petitioner as one of the dacoits. Police after investigation submitted char...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......ars and also to pay a fine of Tk. 1000/- each while acquitting others, by a Judgement and order dated 26.4.83. 3. The petitioner was tried, in absentia, and it is stated in the petition that the trial was beyond his knowledge and at no stage of the case notice, summons or warrant was served u..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......difying the judgment and order dated 19.8.86 passed by the Election Tribunal and Subordinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election held on 20.5.85 and in t......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......ner provided for the verification of the plaints in the Code of Civil Procedure. Rule 47 provides that every election shall be tried as nearly as may be in accordance with the procedure for the trial of suits under the Code of Civil Procedure. Rule 48 provides that the Tribunal shall have all ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......assed by the learned Sessions Judge, Moulvibazar in Sessions Case No.30 of 1984 convicting the accused appellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. correspondin......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......is by a number of the accused persons who were twenty in all as well as an allegation that Suruj Pal fired a pistol twice killing one person and wounding another. The accused persons were placed on trial on charge under sections 147,148 and sections 323,307 and 302 read with section 149 of the Ind..Category: Criminal Law | Date: | Hits: 128
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....d the injury on the person of Lechu Bibi and caused her death, the circumstantial evidences arc strong enough to prove the guilt of the appellants beyond all reasonable doubt and hence they have been rightly convicted by the learned trial court. 10. The factum of death of Lechu Bibi, wife of Abdu......2 of 1984. Judgment Habibur Rahman Khan J.- The appellants Abdul Khalek and Mohubullah @ Mohibullah have been convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under section 201 of the Penal Code and ......he close neighbours, who came immediately after the occurrence saw the dead body of Lechu Bibi and met P.W.2 and 3 but did not give any indication that P.Ws. 2 and 3 disclosed to them about the affairs relating to the quarrels of deceased Lechu Bibi with the appellants regarding the money sent b......tion 302 of the Penal Code was started. The police after investigation submitted charge-sheet against all the appellants under sections 302/34 of the Penal Code. 4. The appellants were placed on trial before the Additional Sessions Judge, 1st Court, Sylhet, having been charged under sections 30..Category: Criminal Law | Date: | Hits: 101
....ly son of Ram Chandra Paul, after receiving the balance consideration of Taka 30,000.00 executed and registered two sale deeds on 4.12.79 in favour of the plaintiff and thereby the plaintiff acquired right, title and possession in the suit property. The defendant had no right, title and interest in ......o.26 of 1986.
Judgment
Mozammel Hoque J.- This First Appeal is directed against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent ......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......perty as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property.
4. On the aforesaid pleadings of the parties four issues were framed by the trial Court which were considered and disposed of together. The plaintiff examined three witnesses i..
Category: Property Law | Date: | Hits: 134
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....sim Miah accused Khalilur Rahman dealt a sulfi blow on the abdomen of Sikim Ali which pierced through his abdomen causing serious injury. Accused Habibur Rahman dealt a sulfi blow on the elbow of his right hand causing bleeding injuries. They also caused injuries to other inmate of the house and boo......nt Qazi Shafiuddin J.- The death reference being Death Reference No.9 of 1992 submitted by the Additional District and Sessions Judge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.65......roved beyond doubt, or admitted, indicate that some sort of occurrence must have taken place, there is no rule of law preventing a Judge from arriving at a theory of actual happenings, if this can be fairly done on all the evidence. But this is not permissible, when the prosecution story about the o......may be stated that the parties were at daggers-drawn on a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....ticism made bonafide of a Judgment. In this regard, I may profitably quote the following illuminating observation of Lord Denning made in the famous Quintin Hogg Case (1958) 2 WLR 1206: "It is the right of every man in Parliament or out of it, in the press or over the broadcast, to make fair comm......uzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR......luminating observation of Lord Denning made in the famous Quintin Hogg Case (1958) 2 WLR 1206: "It is the right of every man in Parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal fait......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petitioner who is a monthly tenant on the ground of bonafide requir......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... necessary as it does not create any obstruction for the proposed construction. On 25.8.93 the defendant filed an application under Order 7 rule 10 of the Code of Civil Procedure with a prayer to the trial Court (First Court of Assistant Judge) for returning the plaint of the suit along with vokalat..Category: Procedural Law | Date: | Hits: 125
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... DOS insurance policy. The plaintiff having not submitted his claim under Machinery Break Down (MBD) policy for breakdown of the generator, the claim is not entertainable. The defendant has therefore rightly disowned and repudiated the claim of the plaintiff finally and closed it once and for all by......y the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the sam......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......m the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full holding that: “So considering the a..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......eference No.20 of 1994 with Criminal Appeal No.1846, 1850 and 1990 of 1994. Judgment Mohammad Gholam Rabbani J.- In this case of death reference all the six accused have been sentenced to death for committing a murder. Convicts have also filed Criminal Appeal Nos. 1846 of 1994, 1850 of 1994 an......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......of murder as brought against the appellants and that the learned Additional Sessions Judge convicted the appellant on mere suspicion. 8. It is in the evidence of P.W.6 Shakawat Ali that during the trial two affidavits were sworn before him, one by P.W.1 Khadem Ali, father of the victim and the ot..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....ional jurisdiction under section 115 of the Code of Civil Procedure (Emphasis put). Here it must not be overlooked that there is a lot of difference between a revision and appeal. An appeal confers a right on the aggrieved party to complain in the prescribed manner to the higher forum whereas the Su......firming those dated 16-2-97 passed by the Family Judge-cum Assistant Judge, First Court, Patiya, Chittagong in Family Suit No.31 of 1996 should not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any in...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......ity. But on reading appellate judgment it cannot be said that the same suffers from a patent illegality and flagrant error of law. It is to be kept in view that in case of reversal of judgment of the trial Court, consideration of the evidence and materials brought on record, as of necessity, is requ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....e judgment debtor was to pay Taka 8(eight) crore as was stipulated in the solenama and in case of failure of selling the mortgaged property within 12 months the decree holder bank would have absolute right to sell the mortgaged property through Court and accordingly on failure to repay the decreetal......ent Bank but eventually the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittag...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......d appearance filing written objection, thereafter the injunction matter came up for hearing on 4-3-2010, meanwhile another application for temporary injunction was filed by the plaintiff before the trial Court but the said application was kept with the record by the learned Joint District Judge ..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... With Jail Appeal No. 93 of 1988. Judgment Mohammad Ismailuddin Sarker J.- This is a Reference under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Manik Bala under s......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......ty to Women Act, 1983. The learned Sessions Judge, however, on consideration of the facts and circumstances of the case took cognizance of the offence under section 302/34 of the Penal Code. At the trial charge was framed under section 302/34 of the Penal Code against the condemned prisoner and th..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ating that the accused persons in collusion with each other dishonestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the s...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......sing such forged document as genuine committed offence punishable under sections 467/471/109 of the Penal Code. The Hand Writing Expert also found the signatures in the bainapatra to be forged. The trial Court found the bainapatra to be forged and dismissed Title Suit No.482/84. Thereafter the lea..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....en there was no talk at all of the alleged sale or of making the plaintiffs as partners. However, in 1978 for the first time a negotiation started between the plaintiffs and the defendant No.1 for outright sale of the firm but the same could not be finalised and no contractual agreement to sell eith.......- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific performance of contract. 2. The plaintiffs respondents instituted the suit against......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......the partners of M/s. East Pakistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.111 and 108/C, Tejgaon Industrial Area, Dhaka. In the middle of June, 1973 the defendant No.1 announced to sell out the /12/- an..Category: Business or Commercial Law | Date: | Hits: 349
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Information Report on 17-8-1994 with the officer-in-charge. Kotwali Police Station DMP, Dhaka alleging......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......e accused petitioner and Mainul Hasan under section 25B and 25D of the Special Powers Act on 29-11-1994. 3. The case record was received by the learned Senior Special Judge, Dhaka on 24-1-1995 for trial of the accused petitioner and Mainul Hasan. He took cognizance of the case under section 25B a..Category: Others | Date: | Hits: 159
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....older-opposite party No.1 against the Chairman of BTTB and other officials of the Board when the Board had no corporate existence of its own and became a department of the Government and has lost its right to sue be sued in its name and thus the decree obtained by the decree-holder is a nullity in t......Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchange and after completion of the work a dispute arose bet......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......ore the Trial Court in an application filed under section 33 read with section 30 of the Arbitration Act but since the petitioner did not file any objection whatsoever under section 33 of the Act the trial Court did not commit any illegality in making the award a rule of the Court and this objection..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......attar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Taka 1,000.00 each, in default, to suffer RI for six months more and f......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......ng the appellants, Abdullah Al‑Mamun @ Sohag (absconding accused) and Abdul Jalil under sections 302/34 of the Penal Code and another charge against them under section 148 of the Penal Code. At the trial the prosecution examined 11 witnesses and tendered 4 as against none by the defence. On consid..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ble to be declared as illegal. Trial Court also held that because the settlement was not mature and it was rather premature, Additional Deputy Commissioner (Rev.) and the Divisional Commissioner have rightly cancelled the same. Trial Court also did not believe the possession of the plaintiff. 11.......ppeal and reversing the judgment and decree dated 20-10-90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......possession of the suit land. Hence the plaintiff filed Other Class Suit 50 of 1986 for declaration, as stated above. 6. Trial Court dismissed the suit. But on appeal the judgment and decree of the trial Court was set aside. The defendants then have come up with the present revision and obtained t..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......lla (P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them were injured respectively by Siraj and Nurul Islam and that the three injured persons had been taken to the hospital for treatment. 2. On the basis of the First Information Report police investigated the case and u......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......imately submitted charge sheet against twelve persons including Humayun under sections 148, 149, 323, 324, 326, 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment ..Category: Criminal Law | Date: | Hits: 108
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