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Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
.... 29.01.2004 passed by the learned special judge, special Tribunal Court No.6, Kishoregonj in Special Tribunal Case No.02 of 2002 convicting the petitioner Soharaf Uddin Sohrab to suffer rigorous imprisonment for 10 years. 2. The facts of the case are that, the informant S.I. of police Abdul Awal ......tifies his signature in the seizure list which is marked exhibit 1 (ka) and P.W.2 identified his signature in the seizure list marked exhibit 2(Kha). 22. P.W.1 stated in his deposition that police called him to the house of accused petitioner and took his signature in a paper. P.W.2 stated that......petitioner was kept in. the custody of the police for about 3 hours and in the meantime the enimical person of accused kept the arms in his house for implicating him in this case. 7. The learned trial Court on consideration of the facts and circumstances of the case and evidence on record convi...... The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....wdhury Ataur Rahman Azad………………………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......hereafter, on 11.7.2008, police submitted charge sheet No.505 dated 11.7.2008 against the accused petitioner along with 4 others. Subsequently, the record was transmitted to the Court of Sessions for trial. The learned Sessions Judge transferred the case record to Court of learned Joint Sessions Jud......007 before the cognizance Court No.1, Sylhet stating, inter alia, that accused, namely, (1) Chowdhury Ataur Rahman Azad (40), (2) Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/-..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....y this Act. He further submits that the said cheques were not drawn infavour of the complainant but infavour of the Sonali Bank and as such comptainant is not the payee or holder of the cheques. He also submits that the accused-petitioner is not the drawer of the said cheques but the company named......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......e Negotiable Instruments Act, 1881 and registered the case as Metro. Sessions Case No.2703 of 2007 and transferred the case record to the Fifth Court of Joint Metropolitan Sessions Judge, Dhaka for trial and disposal. 4. The accused-petitioner filed an application under section 256C of the Co...... Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Md. Delwar Hossain J Md. Habibur Rahman Chowdhury…………………….Accused-Petitioner Vs. The State and another………………………Opposite parties Judgment January 7, 2010. Result: ..Category: Criminal Law | Date: | Hits: 138
.... contest and the order of dispensation of the service of the respondent No.2 was set aside and declared illegal, and without jurisdiction. The reinstatement of respondent No.2 in her former job was also ordered (Annexure‑F).
6. Being aggrieved by that Judgment and Order dated 31‑1‑95 of the......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......hall be six months and for other workers such period shall be three months, including breaks due to leave, illegal lock‑out or strike (not being an illegal strike) in the shop or commercial or industrial establishment :
Provided that in the case of a skilled worker, the period of probation may ......J
Md. Fazlul Haque J
Bangladesh Film Development Corporation, represented by the Managing Director ……………………………….Petitioner
Vs.
Chairman, 1st Labour Court, Dhaka and others……………..…………….Respondents
Judgment
November 11, 1996.
Result:
..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
.... Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirming the judgment and order passed by a Magistrate, 1st Class, Jhikargacha in Case No.88(C......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......argacha in Case No.88(C)/88. 2. It appears that the present petitioner was convicted under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentenced to suffer RI for one year. The trial Court found that the present petitioner took a second wife without obtaining permission from t......na Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirmi..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the petitioner and/or such other or further order or orders passed as to thi......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......21, their Lordships of the Supreme Court of Pakistan quoted with approval the principle as laid down in the case of Chan Shah. 10. From the foregoing discussions, it is manifestly clear that the trial Court can not be given a goby by short-circuiting the procedure and giving a damn about the ......t Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Md. Nurussafa…………………………Petitioner Vs. State and another……………………Opposite-Parties Judgment January 4, 2012. Result: Th..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....Respondent-Petitioner Vs. 1. (Ka). Md Rafiqul Islam (Jwell), 1(Kha). Mofizur Rahman (Milton), 1(Ga). Md. Hafizur Rahman (Salim), 1(Gha). Md. Shafiqul Islam (Faruque), 1(Uma). Md. Humayun Kabir, sons of late Afsaruddin of village-Chalna, Post Office-Chalna Madrasha, Police Station and District-......a false claim that the defendant Raza Kha to have executed the same and filed the instant suit. 6. It has been further asserted that the defendant No.3, not being in knowledge of the plaintiffs so called Bainapatra, is a bonafide purchaser for value without notice and as such the suit is liable t......, not being in knowledge of the plaintiffs so called Bainapatra, is a bonafide purchaser for value without notice and as such the suit is liable to be dismissed. 7. Upon the aforesaid pleading the trial court framed the following issues: 1. Is the suit maintainable in its present from? 2.......70. ..Category: Property Law | Date: | Hits: 119
....1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation of the impugned judgment and order.
2. The facts o......5(2) of Act IV of 1936, as modified by Act XXVII of 1980.
In fine, we find no merit in this case. This Labour Appellate Tribunal has acted well within its jurisdiction, as such, no interference is called for. Accordingly, the Rule is discharged with cost which is assessed at Taka 10,000.00 (taka ......Labour (SO) Act, 1965 says;
"Section 2(h):
(h) 'employer' means a person, a body of persons or body corporate, company or institution owning or managing a shop, commercial establishment or industrial establishment, or their heirs, successors or assigns, as the case may be, and includes‑
......isdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Editor, Bangladesh Observer, Dhaka & another…………………Petitioners
Vs.
Member, Labour Appellate Tribunal and others……………………Respondents
Judgment
June 14, 1998.
Result:
The Ru..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....Khan Rajib..........................Accused-Petitioner Vs. The State................................................Opposite party Judgment January 25, 2011. Result: Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate- For the petitioner Md. Moniruzzaman, As......uding the petitioner alleging inter alia that on 10-12-2009 at 5.30 p.m. while his brother Saiful Islam Munna since dead was standing in front of a fruit shop at Tamsom bridge, then the accused Rabin called him and took behind the WAPDA office. Eventually all the accused murdered him by deadly weapo......n detention merely on the allegations that he has committed an offence punishable with death or imprisonment for life. If he is granted bail the ultimate conviction of accused after conclusion of his trial can repair the wrong done by grant of interim bail to him but no satisfactory reparation can b...... Zahurul Islam lodged a first information report against ten accused including the petitioner alleging inter alia that on 10-12-2009 at 5.30 p.m. while his brother Saiful Islam Munna since dead was standing in front of a fruit shop at Tamsom bridge, then the accused Rabin called him and took behind ..Category: Criminal Law | Date: | Hits: 98
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred to- 11 DLR (SC) 394; Reazuddin Ahmed Md. Vs. State and another, 49 DLR ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......1881. 4. Thereafter the accused petitioner voluntarily surrendered before the Chief Judicial Magistrate and got bail. Subsequently the case was transferred before the Sessions Judge, Rangpur for trial and the accused petitioner got bail by the learned Sessions Judge, Rangpur and 9-2-2009 was fi...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
.... Eddystone Broadcast…………………Petitioner Vs. Government of Bangladesh & Others………………….Respondents Judgment July 22, 2010. Result: The Rule is made absolute. Case Referred to- GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166. La......efects as "minor deviation". Evidently this was done purposely only to make a show that they made all bidders responsive notwithstanding technical specifications" and awarded the contract to the so called lowest bidder. From the above findings of fact it is apparent that the tender Evaluation......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ...... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
.... cause title “ইহা একটি সাকসেশন সার্টিফিকেট পাইবার প্রার্থনায় দস্তখাত”। 3. Sheikh Sharif Ahmed, son of Sheikh Maqbul Ahmed, who was employee of the Bangladesh Red Crescent Society, while was in se......t of nominee(s), the benefit of the fund on his death will be disbursed to his legal heirs/successors accordingly. Be it mentioned that succession certificate from the competent Court of law may be called for by the Board of Trustees if it is desired by the Board." 15. As we have already notice......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......preme Court High Court Division (Civil) Present: Sharif Uddin Chaklader J AKM Abdul Hakim J Ms. Nurunnahar Begum…………………………Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
.... case is also Reported in:49 DLR (HCD) (1997) 407. ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......f the Customs Act, 1969, section 3(1) of the Export and Import Control Act, 1950, section 8(1) of the Foreign Currency Exchange Act, 1947 and section 25B of the Special Powers Act, 1974. 4. During trial the learned Tribunal framed charge against the co‑accused and the accused appellant under se......……Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....………………………..Petitioner Vs. Nowab Ali Chowdhury and others………………………………Opposite Parties Judgment January 18, 1995. Result: The Rule is made absolute. Lawyers Involved: Abdul Momen Chowdhury, Advocate ‑ For the Petitioner. Kamal‑u...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......n their respective written statement asserting that plaintiffs have no rights, title and interest in the suit property and denying title and possession of the plaintiffs. Upon the aforesaid pleadings trial Court, amongst others, framed issue No.3 which was as follows: 3. Have the plaintiffs their......ditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
.... Jurisdiction) Present: Badrul Islam Choudhury J Abdul Matin J State…………………………………Appellant Vs. Kamal Ahmed……………………………..Condemned‑Prisoner With Kamal Ahmed………………………………Appellant Vs. State………......ended accused in reply to the interrogation by them stated that the motor cycle which they used during the commission of the crime was supplied by a man named Faruque of Bogra town. The witness was recalled and he proved the post‑mortem report. He also stated that on the dead body of Abdur Rashid ......er sections 394/302/411 of the Penal Code. In due course the case was sent to the Sessions Judge, Bogra Who after taking cognisance transferred it to the Court of Additional Sessions Judge, Court for trial. The trial Court framed two separate charges against all the four accused persons under sectio...... Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ah..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....………………..Petitioner Vs. State, represented by the Deputy Commissioner, Dhaka………………………Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzama......ut the fact that the materials which the investigating agencies have collected against the petitioner before us are (i) a retracted confessional statement made by the petitioner herself (ii) the so‑called extra judicial confessional statement made by co‑accused Lieutenant Colonel Abdur Rashid, t......nvolvement of the petitioner in the conspiracy and, as such, the statement of those witnesses and the confessional statements of the two accused persons may be taken into consideration at the time of trial and, as such, there were sufficient materials before the Sessions Judge to frame charge agains...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
.... Md. Ali Asgar Khan J Md. Ashfaqul Islam J The State…………………………………………Appellant Vs. Sheema Begum…………………………………………Condemned prisoner Respondent (In Death Reference No.08 of 2001) Sheema Begum……………………………......ith condemned prisoner Seema Begum, his sister-in-law and co-accused Moiful Bibi alias Saiera his Nani Shashuri. In the night at about 11/12 on 14.10.1996 on Sunday the condemned prisoner Seema Begum called her son deceased Delowar and took him in the house of Humayun. His son deceased Delowar did n......tion 302/34 of the Penal Code. Consequently the case record was transmitted to the Court of the Sessions Judge who transferred the same to the Court of the Additional Sessions judge who after holding trial convicted and sentenced the condemned prisoner and the convict appellants as aforesaid. 3. ...... Sheema Begum…………………………………………Appellant Vs. The State…………………………………………...Respondent (In Criminal Appeal No.343 of 2001) Saiful and Others…………………………………………Appellants Vs. The State………..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
.... Jamal Shaha (a Valiant Freedom Fighter), Abdul Hamid and M. M. Sarker. Thereafter, on 20.04.2006, the informant requested the accused-petitioner to repay the said money when he asked him to wait for sometime and also offered him to become a partner of his business. Then, on 21.05.2006, he got the i......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......n of the accused to deceive the informant and all these disclose the offence as alleged. Mr. Diliruzzaman further submits that it will be for the informant to prove his allegations by evidence at the trial and that he can not be shut out at this stage by telling him that his remedy lies in a civil s...... Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Nazrul Islam Mollah alias Nazrul Islam Mollah…………………Accused-Petitioner Vs. The State and another……………………Opposite Parties Judgment August 3, 2009. Result: T..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ents Judgment March 18, 2008. Result: The Application is disposed of with observations and directions. Cases Referred to- Re. H.R. Harmer Ltd., [1958] 3 All E.R., 689; Exeter City Association Football Club Ltd. Vs. Football Conference Ltd. and Another, [2004] 1 WLR 2910; Re Kare P.......ed in this regard that though Mr. Badrudduza has, however, confirmed that the revised audit reports have indeed been antedated and that these shall eventually be placed before an AGM as and when duly called and held, that does not necessarily detract from an absence of any reason or material bef......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......Division (Statutory Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Aktar Hossain, Son of late M.A. Hakim Hawlader, Director of Capital Tower (Pvt.) Ltd. 11, Purana Paltan, Dhaka and others…………………………….Petitioners Vs. Capital Tower (Pvt.) Ltd. At prese..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....al Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal tri...... was justified in convicting and sentencing the appellant under section 302 of the penal code. 13. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this appea...... justice delivery system is the innocence of the alleged accused till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on t......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the..Category: Criminal Law | Date: | Hits: 108
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