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Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....s house when accused Md. Shafiqul Islam and others forcibly kidnapped her with the object of raping her against her will. On hearing hue and cry from his wife Adari Bala witnesses came there and he also came from the nearby fish gher. Thereafter, he lodged First information Report Ext. 1. After inve......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... Ext. 1. After investigation police submitted charge‑sheet against the appellant alone under section 2(Ga) of the said Ain after recovering the victim girl and arresting the appellant. 4. At the trial appellant was charged Under section 9(ga) of the said Ain which is as follows: আপনি......y‑General ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhir..

Category: Criminal Law | Date: | Hits: 89

Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....……………………Petitioners Vs. Arjat Ali Dewan and others………………………………………Opposite Parties Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamen�......rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......escribed in the schedule of the plaint. 3. The defendants contested the suit by filing written statement denying all material allegations made in the plaint. After hearing the learned Judge of the trial Court by the Judgment and decree dated 31-01-1975 dismissed the suit. Against which the plai......rmation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..

Category: Procedural Law | Date: | Hits: 114

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

.....3.1991 passed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convicting the appellant Nos.1-3 under section 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5000/- in default to suffer rigorous imprisonmen......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......the Penal Code and sentencing each of them to suffer rigorous imposed upon appellant No.3 concurrently. 2. Briefly the prosecution case as set out in the First Information Report and unfurled at trial is that on 10.3.1985 corresponding to 26th Falgun, 1391 B.S. at 8.0 a.m. P.W.1 Shibli Sadik @ ....... This Case is also Reported in: 7 LG (HCD) (2010) 289. ..

Category: Criminal Law | Date: | Hits: 78

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....er No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in brief, are as under: Respond...... Md. Aminul Islam, Advocate - For the Respondent No.2. Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......ivision (Special Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser Md. Dabirush Shan J Manik K Bhattacherjee………………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The R..

Category: Civil Law | Date: | Hits: 154

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....ail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimpri......d thereafter taking control of him with his arms and gathering people by shouting is incompatible with the ordinary course of events. It is not clear how they trapped a full-grown armed man in a so-called opportune moment. There is nothing on records to show the exact condition of the room in term......after investigations, submitted charge sheet against the appellant under the aforesaid sections of law and upon submission of charge-sheet the case was sent up to the Special Tribunal, Chittagong for trial wherein the same was registered as Special Tribunal Case No.92 of 2002. 4. The case was put......�…………Respondent Judgment January 16, 2011. Result: The appeal is allowed. Jail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (..

Category: Criminal Law | Date: | Hits: 84

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

....anchan Vs. Ali Ashraf, 42 DLR (AD) 289, Mazharul Borhan Vs. A.M. Bhuiyan, 15 BLD (AD) 237 and Haider Unnessa and another Vs. Monwara Begum and others, 16 BLD (AD) 280, Federal Radid Commission Vs. Nelson Brothers Board and Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533,....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ...... Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 155

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

....erence) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State................................Petitioner Vs. Rois Khan and another……………………Condemned prisoners Judgment July 12, 2009. Result: The Death Reference No.97 of 2005 is rejected. ......ssessing 24.100 grams of heroin with them. 3. It is the prosecution case that, at about 9.30 a.m. of 20.9.1999, P.W.1, Modabbir Hossain Chowdhury, Director General of Narcotics Control Department, called some high officials of the Narcotics Control Department to meet him at his office at 1, Segun......1) and also under section 25 of the Narcotics Control Act, 1990. In the charge sheet 32 persons have been cited as witnesses. 5. Eventually, the case record was sent to the Court of Sessions for trial and on transfer trial was held by the learned Metropolitan Additional Sessions Judge, 3rd Cour......preme Court High Court Division (Death Reference) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State................................Petitioner Vs. Rois Khan and another……………………Condemned prisoners Judgment July 12, 2009. Result: ..

Category: Criminal Law | Date: | Hits: 112

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

....�….Plaintiff-appellant-Petitioners Vs. Mobarak Sheikh and others……………………Defendant-respondent Opposite-Parties Judgment August 26, 2009. Result: The Rule is made absolute. Cases Referred to- 29 DLR 9; 6 MLR 6; 35 DLR (AD) 276; 37 DLR (AD) 202Abdul Jabbar Vs.......t Nos. 3 and 3(Ka). Drawing my attention to the evidence of D.Ws. namely D.W.1 and D.W.2 Mr. Humayun Kabir points out that the D.Ws. are not only made inconsistent statement with regard to their so-called unregistered kabala deed they also could not produce any document in support of their so-ca......y and Court fees are correct? (5) Whether the plaintiffs have right, title and possession in the suit land? (6) Whether the plaintiffs are entitled to get the relief as prayed for? 5. At the trial both the parties led evidences both oral and documentary to prove their respective cases. Th......nce. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..

Category: Property Law | Date: | Hits: 100

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....formed that the cheque was not issued by it and the original leaf of the cheque-book was still with them. The plaintiff bank-branch, however, returned the cheque to the collecting bank stating the reason therefor. 4. By a subsequent investigation the branch of the plaintiff bank discovered ......5.9.1985 in his personal name. After a gap of less than a month he made an application (Exhibit Ka) for converting the account standing in his own name into one in the name of his business enterprise called Messrs Mitali Enterprise. The content of the application is relevant: জনাব, ......red the appeal essentially on the grievance that as collecting bank it had done its business in good faith and without negligence thus is entitled to protection provided by law which is missed by the trial court. 3. The case set out in the plaint, in short, is that the plaintiff and defenda......: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Premchand Vs. Nath Bank, AIR 1946 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); Br..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....the provision of section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficiency etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another pers......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......138 of the Negotiable Instruments Act, 1881 which was registered as CR Case No.81 of 2005; that subsequently said CR Case No.81 of 2005 has been transferred to learned Sessions Judge, Mymensingh, for trial and renumbered as Sessions case No.553 of 2006. 3. The complaint case, in short, is that co......t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Farah Mahbub J Atiqullah Pathan (Dhanu)......................Petitioner Vs. State and another......................Opposite Parties Judgment February 11, 2010. Result: ..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....�………Petitioners Vs. Controller of Imports and Exports and others………………………………………Respondents Judgment February 24, 1997. Result: The Rule is made absolute. Cases Referred to- Authorised Officer of DIT Vs. Abdul Wadud Mallick, 20 DLR (SC) 229......any objection whatsoever as to quality and size to the petitioner, directly lodged complaint to the Export Promotion Bureau, Respondent No.4. The Export Promotion Bureau on the basis of the complaint called for a meeting wherein the Agents of the petitioners submitted all the documents and papers is......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......s also Reported in:49 DLR (HCD) (1997) 498. ..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....he plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lalit Kumar Shill and Rajmohon Shill. Brindabon Shill died leaving one son, Kalinath Shill. La......raying in aid the blessings of gods for her husband's soul. She also used to visit different Kali Mondir and Asram of this country in pursuit of his spiritual benefit. 9. Defendant No.2 again felt called to perform religious rituals for the spiritual benefit of her husband, including, offering pi...... to one Abdul Kader and Abdul Zabbar in 1956 which amounted to admission of absolute title of their vendor (Defendant No.2) in the suit land. The second line of defense sought to be introduced during trial is that the land originally belonged to Lalit Kumar but he gifted the land to his wife Kumud......sana Begum, Advocates - For the Respondent. First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Sui..

Category: Property Law | Date: | Hits: 107

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....uted Money Suit No.4 of 2004 in the Sadar Court of Assistant Judge, against defendant for realization of his outstanding salary and other benefits worth of Taka 1,34,259. 3. In suit, the defendant sought to return the plaint under Order VII Rule 10(1) CPC for its presentation to the appropriate C......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......worth of Taka 1,34,259. 3. In suit, the defendant sought to return the plaint under Order VII Rule 10(1) CPC for its presentation to the appropriate Court having jurisdiction which was rejected by trial Court and affirmed in Revision by the impugned order. Hence the petition. 4. The learned Ad......he opposite party. Civil Revision No.4172 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted at the instance of defendant petitioner to consider whether the impugned judgment and order dated 29-6-2008passed by learned Special District Judge, Court No.1, Rajshahi, rejecting C..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....Petitioner Vs. Md. Abdul Awal & others..............................Opposite Parties Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Manager Personal Division Vs. Sazahan Miah, 35 DLR 224; TCB & ANR Vs. Syed Sajeduzzaman, 40 DLR 406; BJMC L......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......he plaintiff as per enquiry report and the enquiry was held without any procedural defect. On such findings, the learned Subordinate Judge allowed the appeal, set aside the judgment and decree of the trial Court and dismissed the suit by the judgment and decree dated 24-2-1997. 5. Being aggrieved......gment Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the Subordinate (now Joint District Judge), First Court, Rang..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class suit against heirs of Korban Ali, his father, and hei......e application under Order XL, rule 1 of the Code annexed as annexures A & B respectively, to an application for stay earlier made by the appellants that the land in schedule Kha comprises a hotel called- Gani Hotel Residential and other premises, nature left unclear. Plaintiff's case as transp......aim is concurrently denied by his mother as defendant No.13 and the appellants as defendant Nos.1-4 in the separate sets of written objections filed by them. This may, he insisted, well be settled on trial. Mr. Ali further submits that appointment of receiver as of routine has consistently been disa...... This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

.... Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State..............................................Petitioner Vs. Tutul & Fazlur Rahman @ Badal............Condemned-prisoners Fazlur Rahman alias Badal..................Appellant Vs. The State........................Ali at about 11-45 P.M. on 2.6.1998 at the time of lodging the ejahar with Demra Police Station. In this regard P.W.12 Saiful Islam, father of the deceased has stated that in the following morning he called Badsha (P.W.2) and on query about the occurrence he informed that accused Tutul, Golzar, Tufa......ul since there is deviation and departure from the F.I.R. story on vital points and that the prosecution has made attempt to establish a got up case by subsequent embellishment and that the learned trial Judge without properly appreciating those aspects of the matter, came to an arbitrary erroneou..........Respondent Monir Hossain @ Tutul....................................Appellant Vs. The State.....................................................Respondent Judgment May 8, 9, 10, 11 and 12, 2011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeal..

Category: Criminal Law | Date: | Hits: 98

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

.................................Petitioners Vs. The State & others …………………………………………Respondent Judgment January 10, 1984. Result: The rule is made absolute. Cases Referred to- Shqfiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 3......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......Islam Majumder, Magistrate 1st Class, Patiya, Chittagnog by his judgment dated 14.09.1982 of the charges under sections 379 and 411 of the Penal Code and sending the case back for further inquiry and trial of the accused persons. 2. The case for the prosecution in brief is that on 29.11.1979 at a......ase is also Reported in:36 DLR (HCD) (1984) 111. ..

Category: Procedural Law | Date: | Hits: 130

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

............................Petitioners Vs. Yonus Meah & Others. ..............................................Opposite Parties Judgment February 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co.......ossession. The learned Magistrate ought to have considered whether there would be an apprehension of breach of peace in case the order of attachment of the property and appointment of receiver is recalled. Section 146, sub-section (1) of the Cr.P. C. reads as follow:- "146. (1) If the Magistrat......ion 9 of the Cr.P.C. continues to act as an Assistant Sessions Judge only with an extended sentencing power and that the provision of section 408 of the Code which provides that a person convicted on trial held by an Assistant Sessions Judge may appeal to the Court of Sessions when the sentence of i......f Hossain J.- This Application under section 439 of the Code of Criminal Procedure arises out of a proceeding under section 145 of the Code. 2. On application filed by the second party petitioners and after obtaining a report from the local Municipal Commissioner the Sub-Divisional Magistrate, No..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondents Judgment November 14, 2012. Result: The Rule is made absolute in part. Case Referred to- Chairman, Bangladesh Freedom Fighters Welfare Trust and othe......unt of honorarium/allowance. 2. It is contended in the writ petition that the petitioners (57 in number) are disable freedom fighters. Respondent 2 Bangladesh Muktijoddha Kalyan Trust (hereinafter called the Trust) took up a scheme for rehabilitation and assistance of the freedom fighters who wer......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....al Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners Rokeya Begum & another ..............................Appellants Vs. ......oto. Further he has said that he saw 3 knives and taking delivery of the dead body from the morgue on 25.8.2003, he buried the dead body on 26,8.2003. He has further stated that the Officer-in-charge called him to Thana and asked him whether he knew Rokeya whereupon he replied in the affirmative and......or hearing before the learned Sessions Judge, Gazipur where it was registered as Sessions Case No.20 of 2005 who then sent the case to the learned Additional Sessions Judge, Second Court, Gazipur for trial where charge under Sections 302/34/109 of the Penal Code was framed against the appellants and...... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners ..

Category: Criminal Law | Date: | Hits: 99

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