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State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....examined the dead body of Humayun Kabir and found the following injuries: 1. One lacerated injury on die lower lip of the left side, 1" X ¼" X muscle deep. 2. One swelling with Abrasion on the right side of the frontal bone 1 ½”X ½” 3. One lacerated injury on the anterior aspect of t......ith Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ...... Mowla with Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Pe..Category: Criminal Law | Date: | Hits: 73
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......am Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Specia...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......ct 1987 and the Divisional Special Judge having stopped the proceedings of the case on 4.11.89 acted illegally in receiving the case on 1.1.90. 4. Learned Assistant Attorney-General submitted that trial of the case could not be started due to non-appearance of some of the accused persons includin..Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......e parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Huda, Advocate - For the Informant. Syed Matiul Islam, Assistant Attorney-General - For the State. Criminal Revision No....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......ns Judge, Khulna who by his order dated 18.9.91 rejected the revision and maintained the order of the Chief Metropolitan Magistrate. 5. After the case was sent up by the learned Session Judge for trial, the police submitted supplementary charge-sheet against the petitioner to the Court of the le..Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......eal No.191 of 1993. Judgment Md. Gholam Rabbani J.- Appellant Syed Nazakat Hossain alias Ujjal along with accused Amin Rasul alias Sagar since acquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......ni J.- Appellant Syed Nazakat Hossain alias Ujjal along with accused Amin Rasul alias Sagar since acquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions Judge, Dhaka, and on trial was sentenced to impris..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....the Rule is made absolute. 8. The counter affidavit shows that it has been filed on behalf of opposite parties 1-5 but has been sworn in by only opposite party No.1. Since by the counter affidavit right of opposing the rule which has been issued against an order which has passed by the trial Cour......Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allowing an application for correction of the plaint and the decree passed on 15.12.83, by inserting the names of the opposi......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......tiffs 3‑5 illegally struck off from the plaint, for which they have been seriously prejudiced and they having no other alternative remedy open, have filed the application under section 151 CPC. The trial Court after hearing the application under section 151 CPC and hearing the parties passed the i..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
.... date. From those facts and circumstances the Pre‑emptor made allegation that it is not exchange rather it is a sale and it is a colourable transfer which has been made with intention to defeat her right of pre‑emption. 3. The case of pre-emptee opposite party 1 now Petitioner is that the sal.......- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989 allowing the appeal and reversing the Judgment and for order dated 25.4.88 passed by the Assistant Judge, Serajganj in Miscellaneous Case 62 of 1985 di......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......upon and that the pre-emptor is not a co‑sharer in the case holding. 4. Trial Court dismissed the pre-emption petition on the ground that the pre-emption could not prove her co‑sharership. But trial held that the transfer in question is a sale in the name of exchange. On appeal the appellate ..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....s such be became a habitual defaulter; that the defendant was not paying any rent inspite of repeated takers. The plaintiff by issuing a notice under section 106 of the TP Act, terminated his tenancy right after the expiry of September, 1975. The notice was duly received by the defendant petitioner ...... Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......f of the plaintiff and the Exhibits A‑E filed on behalf of the defendant-petitioner. All these exhibits, namely, Exhibits.1‑16 and Ext. C series mainly have been taken into consideration by the trial Court in deciding the question of title of the plaintiff in the suit holding. Exhibit.3 is the..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....ompany. As per Article 133A of the Articles of Association, the petitioner No.2, as Managing Director, is the Chief Executive of the Bank. He is an Ex‑officio Director of the company with no voting right. 3. The United Commercial Bank Ltd. has on its roll other than officers, about 418 emplo......e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of......i Union having Registration No.B‑1865 have brought some allegations against the management of the Bank by a complaint dated 26.11.88 alleging that the management of the Bank had taken recourse to unfair labour practices and thereby infringed the provisions of section 15(1)(a)(b)(d) and (e) of the ......by a complaint dated 26.11.88 alleging that the management of the Bank had taken recourse to unfair labour practices and thereby infringed the provisions of section 15(1)(a)(b)(d) and (e) of the Industrial Relations Ordinance, 1969 (hereinafter referred to as "the Ordinance") and prayed for permissi..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......orded under section 161 CrPC have been annexed as Annexures X to X5 and submits that the submission made on behalf of the petitioner relating to the deep merit of the case are to be determined at the trial of the case to see whether the accused petitioner is guilty or not and at this stage it is pre..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ertain the real intention of the parties in executing the same, the court may in its discretion rectify the instrument so as to express that intention, so far as this can be done without prejudice to right acquired by third persons in good faith and for value". 8. Thus it appears from the provi......urt of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husband used ......d. Petilioner's 2nd husband used lo live in the house of the plainliff-opposite party as domesticated son-in-law and looked after plaintiff-opposite party and managed her property and household affairs. Petitioner No.1 who earned affection, love and sympathy of mother plaintiff-opposite party, r......m the done and deed in question is valid and bonafide document. 4. On these pleadings both the parties adduced evidence in support of their respective contentions. On consideration of evidence the trial Court held that impugned deed is tainted with fraud and that plaintiff opposite party did not ..Category: Property Law | Date: | Hits: 134
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ...... Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 DLR (AD) 17. Lawyers Involved: Md. Khurshid Alam Khan, A......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......Magura Mouza, secondly, for relaying how much of 1 decimal of land has been encroached by the defendant-petitioner and to ascertain whether there are four fruit bearing coconut trees in the land. The trial Court appointed an Advocate Commissioner and issued a writ accordingly to relay and ascertain ..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....le runs as follows: “9. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interest of the parties actually before it. 16. In spite of the Government being not j...... Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ meas......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......as taken from him and that the plaintiffs were not entitled to get the property reconveyed nor were entitled to get any decree in the suit and so the suit was liable to be dismissed. 4. During the trial, evidence was adduced by the parties and on consideration of the same, the trial Court decreed..Category: Procedural Law | Date: | Hits: 129
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
.... substituted under Order 22, Rule 10 of the Code of Civil Procedure vide order of this Court dated 7.4.88. 7. The learned Advocate appearing on behalf of the petitioner Sarajubala submits that the right to apply under Section 174 sub-sec. (3) was available to the petitioner, even though the Benga......kshmipur in Misc. Appeal No.242 of 1980 dismissing the appeal and affirming the judgment and order dated 11.12.80 passed by the Munsif Second Court, Lakshmipur in Misc. Case No.36 of 1976. 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an application u......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......s that this Luthfur Rahman was the auction purchaser and it has been alleged in the plaint that this man was the caretaker of this land sold in auction, on behalf the petitioner Sarajubala. 4. The trial Court dismissed the application holding, inter alia, that the application suffered from defect..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
.....Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is ......May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be c......ation can be assessed with a degree of accuracy which will go far towards putting the injured person in the same position as he would have been in had he not sustained the wrong. But the principle of fair and reasonable compensation is more appropriate to the non-pecuniary heads of damage such as pa......pecuniary loss from non-pecuniary loss. Another classification is between special damages and general damages. Special damages can be defined as pecuniary loss actually suffered up to the date of the trial e.g. loss of earnings, and general damages are then the other heads of loss e.g. pain and suff..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....cedure of law have been satisfactorily complied with. When the law is harsh the principle of natural justice will have to follow as an abandoned caution i.e. the Court acted in equity, in honesty and rightly. 17. Next, it is argued that Appellate Court was not justified in dismissing the appeal s......ree holder Sonali Bank instituted Title Suit No.21 of 2002 in Artha Rin Adalat No.1, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. P......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......t of acknowledgement due accompanied with the filing of execution case to prove that Judgment debtors were notified person. Learned Advocate submits that petitioners challenge the order passed by the trial Court rejecting the application filed under Order XXI Rule 90 of the Code of Civil Procedure i..Category: Civil Law | Date: | Hits: 156
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......titioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhammed Ansar Ali J.- This Rule arises out of an application for bail under section 498 of the Code of Criminal Procedure at the instance of the accused petition......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......elieve that the petitioner is involved in the commission of the alleged crime of murder of her husband. (2) That the petitioner is a woman who has been ailing in jail for about 9 months without trial and that she has 3 minor children—two of whom are daughters and one is a son—who are all..Category: Criminal Law | Date: | Hits: 105
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....r the judgment of the Arbitrator is a Court or not. The Appellate Tribunal sits over the Judgment of the Arbitrator in appeal and in doing so the Tribunal must judge whether the decision has been rightly given within the frame of the Ordinance and the evidence on record and in doing so certainly......and was released from requisition and symbolic possession was given in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section ......arned Advocate appearing on behalf of the eldest son of the Awardee, late Basharatullah submits that the decision of the Appellate Tribunal need be reconsidered as the member has failed to assess a fair and reasonable compensation in accordance with section 8 of the Ordinance and the relevant ma......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....al report (true) from the Police in chapter XIV of the Code relating to the information to the Police and investigation by them. In the case of Abdur Rahman Vs. State, 29 DLR (SC) 256 it has been rightly held that if the Police submits final report stating special circumstances (as in the pres......e Complainant. Criminal Miscellaneous Case No. 46 of 1989. with Suo Moto Rule No. 47 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - These two Rules are taken up together for disposal as they arise out of the same Sessions Case No.118/88 pending in the Court of Sessions ......ase No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Ud......n Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing expert and the concerned police officers. After following the legal provisions regarding in absentia trial of accused Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar Rahman Chowdhury @ Nannu Chowdhu..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
.... defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an accused in a trial facing capital charge cannot be denied of his substantive right of being defended at the cost of the state. In this connection reference may be made to provis......d prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference under section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia K......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ...... attacked the judgment and order of conviction and sentence of the Sessions Judge as illegal, improper and perverse on the ground that he did not take any step to defend the condemned prisoner during trial specially when condemned prisoners were facing capital charge and under the circumstances th..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....emorrhage due to injuring mentioned above was cause of death-the injuries were anti-mortem and homicidal in nature." So doctor's evidence proves beyond doubt that Nona Mia was murdered. It has rightly been contended by the learned Counsel for the appellant that in the First Information Repo......te—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Penal Code......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89......., Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Pe..Category: Criminal Law | Date: | Hits: 117
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