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Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....the learned Advocates of either side this Court finds that the submission of the learned Advocate for the petitioner has got substance. The lower Appellate Court failed to approach the problem from right angle and came to a conclusion basing his reasoning on erroneous exposition of law and in th......t Court, Comilla in Title Appeal No.278 of 1986 setting aside the judgment and decree dated 29.11.86 and 8.12.86 respectively passed by Upazila Munsif Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouran...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. .......1 and his brother Subash Chandra Kunda; they filed written statement claiming that they are bonafide purchaser for value without notice of the Bainapatra and that the Bainapatra is a forged one. The trial Court found that the signature of defendant No.1 as appeared in the Bainapatra was similar to ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....spital was examined as P.W.6 who held postmortem upon the dead body of the deceased Rina Begum on 7‑5‑2000 and found the following injuries and gave his opinion: (1) One abrasion mark over the right skin of the leg-size 1½” x1 ½” opinion: Death in my opinion was due to asphyxia resul......d Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 5000 (five thousand) in default to suffer rigorous imprisonment f......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......Mizi and Harun Mizi under section 302 of the Penal Code as a strong prima facie case was made out against them. Then the case was duly transmitted to the Court of learned Sessions Judge, Chandpur for trial and the learned Sessions Judge himself held the trial of the case. 6. During the trial of t..Category: Procedural Law | Date: | Hits: 118
....tion and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental rights which guarantee fair play in business and other trade.
3. An affidavit-in-opposition has b......so Reported in: 42 DLR (HCD) (1993) 33.
......iable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental rights which guarantee fair play in business and other trade.
3. An affidavit-in-opposition has been filed by the Respon......as for the purpose of manufacturing common bricks. There were two gas units being Unit No. 3380002 and 3380004 for using gas in the brick-fields of the petitioner. The first unit No. 3380002 was industrial Unit for manufacturing Ceramic and refractory bricks. Subsequently, the second Unit being No..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....ubordinate Judge dismissed the suit 4. The plaintiffs appealed. During the pendency of the appeal, the plaintiffs, appellants and respondent Nos.1 and 2 filed a compromise petition wherein the right, title and interest of the plaintiffs in the disputed properties were admitted by the responde......rdinate Judge, 3rd Court, Comilla against the defendant No.1 Respondent No.12, defendant No.2, Respondent No.13 and the present appellants who were defendant Nos. 22, 21, 20, 16 and 14 respectively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......the present respondent No.12 Fazlul Karim (defendant No.1) and Afsaruddin, respondent No.13 (defendant No.2) and others was contested only by the defendant No.1 Fazlul Karim. At no stage before the trial court the present appellants did appear and contest the suit nor raised any objection to the..Category: Property Law | Date: | Hits: 109
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....be set aside in Revision and the appeal preferred by the petitioner appellant need be admitted and heard on merits. 6. The learned Advocate for the State, on the other hand, has submitted that a right of appeal is a vested right but it needs, to be filed within 30 days which was not done in the......1986 as time barred arising out of conviction and sentence passed by the learned Upazila Magistrate, Purbadhala, District Netrokona dated 6.4.86 convicting the petitioner with rigorous imprisonment for one year and to pay a fine of Tk. 1,000/- with a default order and further convicting and sent......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......ctor of Police investigated the case, visited the place of occurrence and after completing investigation submitted charge sheet against the accused petitioner only, showing him as absconding. The trial was held by the learned Upazila Magistrate, Purbadhala in absentia. 4. The prosecution exam..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......4 of 1979. The learned Special Judge by his judgment dated 30‑11‑82 found this appellant guilty of the charge under section 409 of the Penal Code and sentenced him to suffer rigorous imprisonment for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9 months ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......tion and they themselves look up investigation of the case and on completion of the same submitted charge sheet against the present appellant and two others under 11 MLR. This appellant was placed on trial before the Summary Martial Law Court where 19 witnesses have been examined upto 3‑4‑79 and..Category: Criminal Law | Date: | Hits: 98
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....ns put to the child witness and her replies that the witness is capable of understanding the questions and of giving rational answer to those questions. It is for this reason that the trial Court has rightly considered the child witness as a competent witness. We may put on record that P.W.6 Fatema ......sed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.92 of 1991 convicting appellant Seraj Miah under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for 6 (six) ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......a child witness, namely, P.W.6 Fatema Khatun, who was aged four years and four months at the time of the occurrence. The evidence of a child witness having not been corroborated by other witness, the trial Court has committed an error of law in finding the appellant guilty of a capital offence on th..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....is an absconder. It is submitted that such fire‑arms and ammunition ought to have been deposited with the nearest police station when the husband of the petitioner was absconding. She had or has no right to keep in her custody the ammunition and the fire‑arms belonging to her husband and that is......and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the case of the petitioner that in connection with Dhanmondi PS Case No. 10(10) 96 dated 12‑10‑96 the aforesaid house was encircled by the police and they wanted to search the house to find out the husba......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......a lady is in custody in such a case from 2-11‑96, we are inclined to enlarge her on bail. 8. Now as regards the recovery of the unauthorished ammunition the same may be considered at the time of trial whether those were actually unauthorised or these have been actually recovered from that house..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......cted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.139 of 2005. This is ...... recount in detail the circumstances leading to an attempt to kill him, the facts of which are on a broader perspective but an execution of those pertaining to Sayeed's death. The trial Court, in all fairness, is found to accord considerable significance to statements and testimony given by Badsha......Jail Appeal Nos. 1058 of 2005 and 1059 of 2005 and Criminal Appeal No.4422 of 2005 as preferred variously against the said Judgment by the Condemned Prisoners. 2. Of the six accused persons facing trial and leading to the delivery of the Judgment on 1-9-2005, Moksed, Tutul and Ripon were convicte..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ated therein that the Commissioners of the reserved seats have been elected in a privileged manner and that there was no bar for them to be elected from the general seats where they could share equal rights and obligations, with those who are elected in those seats, that the system of reserved seat ......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o......sions that pursuant to the spirit contained in Article 28(4) of the Constitution, section 4 of the Ordinance was so amended that the women section of the society can also participate in running the affairs of the Corporation but the impugned circular completely demolished such idea of equality and v......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....hat compromise petition the plaintiff has admitted that the original owner Mollick Shah transferred his interest and exhausted all his share and also admitted that these defendant-petitioners have no right, title, interest and possession in the suit land and the suit would be dismissed on compromise......under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The shor......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......suit on the, assertion that the petitioners being co-sharers in possession in the suit jote have been contesting the suit. No objection was filed by the plaintiff against the application. The learned trial Court who heard the application by his order dated 30-11-95 rejected the same. 6. Being ..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... 2. It appears that the petitioners were convicted under section 379 of the Penal Code by the trial Court and sentenced to pay fine of Taka 3,000.00 each in default to suffer Rigorous Imprisonment for three months each. The convicts then preferred the above appeal. The appeal was dismissed and th...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......, Tangail Sadar in CR Case No. 222(C)/85 but at the same time enhancing the sentence of the appellants. 2. It appears that the petitioners were convicted under section 379 of the Penal Code by the trial Court and sentenced to pay fine of Taka 3,000.00 each in default to suffer Rigorous Imprisonme..Category: Criminal Law | Date: | Hits: 96
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....e law that determines the forum of appeal is the law that is in existence at the time of filing the appeal and not the law that was in existence at the time of institution of the suit inasmuch as the right of appeal accrues only after the decree is made or the appellate order is passed in the suit, ...... and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......y. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific performance of contr..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... 1991, 82 of 1991, 83 of 1991, 192 of 1991, 193 of 1991, 2490 of 1990, 2491 of 1990 and 1515 of 1989. Judgment ARM Amirul Islam Chowdhury J.- These Revisional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In th...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......her language could be filed in the subordinate civil Courts. The plaints written in English language being invalid they are non-est against the concerned defendants and are liable to be rejected. The trial Courts by the impugned orders rejected the applications for rejection of the plaints of the co..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....stered kabala dated 4.10.80 and by virtue of transfer Sena Kalyan Sangstha has been possessing the same peacefully as absolute owner thereof through defendant Nos.2 and 3 and the plaintiff has got no right, title, interest and possession in the suit land by virtue of his alleged Bangladeshi citizens......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o......h and was stranded there until he came back in Bangladesh in 1978 on Pakistani passport, which he surrendered and was given citizenship of Bangladesh and during his absence his son was managing the affairs of the industry when it was taken over by the Government, in that premises the Acting Presiden......he owner of Fasons Metal Industries where he started an electrical Fan making industry; that the said Industry was started upon his lease hold land bearing Plot Nos.287 and 288 at Baizid Bostami Industrial Area in Chittagong; that thereafter the plaintiff respondent No.1 undergoing much trouble and ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....t Nos.1 and 2 of the aforesaid writ petition and it was not directed against the BSRS as they had nothing to do with the aforesaid order. The learned Advocate further submits that he as legal adviser rightly tendered his legal opinion stating that the BSRS is legally obliged to hand over the machine......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted......ale of Mortgaged Property) Rules, 1981 as the rule requires the BSRS to issue a sale certificate when the full sale price of the mortgaged property has been deposited under rule 8. In this state of affairs on 30‑11‑2000 BSRS sought for legal opinion from its adviser Mr. AKM Nazrul Islam, Barrist...... Petition No.3285 of 1996 on 28‑11‑2001 whereby this Courts order dated 5‑11‑96 so far it relates to order dated 21‑4-96 passed by the Artha Rin Adalat was made absolute as the learned trial Court vide order dated 19‑6‑97 complied with the order of this Court dated 5‑11‑96. Be..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....occurrence and saw Police and many others at the place of occurrence and also saw the slaughtered dead body of Hanif Sarker on the “Khat”. He also saw severe marks of injuries on the belly to the right below with intestine coming out. He also saw marks of cut bleeding injuries to the left of the......SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. Saifuddin Mahmud and Md. Zahirul Islam - for the condemned-prisoners (In Death Reference No. 20 of 2008). Nahid Sultana, State Defence Law......nd others managed to obtain the confessional statement made by her through Police by exercising threat and coercion upon her and that the condemned prisoner Nazma Sarker @ Beauty had never any love affairs with the condemned prisoner Kamal and she had also no connection with the other convicts and t......r 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..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......ssued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS D......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......Judge, Dhaka. Thereafter Title Appeal No.380 of 1990 was filed and the appellants, the Government of Bangladesh and others obtained an order of stay of the operation of the judgment and decree of the trial Court. Ultimately & matter came before the High Court Division and the High Court Division..Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... to rely on the statement of a witness who is highly interested in the prosecution case having ancient enmity and grudge without any sort of corroboration. The learned District and Sessions Judge has rightly disbelieved the statement of P.W.2 in the face of such enmity and criminal proceedings inclu......e was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmation of the death sentence of accused‑condemned prisoners namely, 1. Mostain Mollah, 2......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......wful assembly attacked them. It is in the FIR that the accused appellants tied the hands and mouth of victims as well as that of P.W.2 Lutfor and carried them on their shoulders but Lutfor during the trial resold from such a statement and stated that accused Mujibar caught him and somehow he got him..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....d that the ground No.2 is alleged to have been stated by the detenu after the impugned order was passed and so it cannot be a ground for detention made earlier. He also submitted that the fundamental rights of the detenu have been grossly violated and he had not been dealt in accordance with law. ......or the Respondents. Writ Petition No. 147 of 1991. Judgment Abdul Jalil J. - This rule nisi, at the instance of one Mostafizur Rahman, a relation of the detenu Hussain Mohammad Ershad, former President Bangladesh, was issued calling upon the respondents to show cause why the detenu Hu......l Jurisdiction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ...... students community and political parties and created adverse effect on them and the All Party Students Union of the Dhaka University assembled near অপরাজেয় বাংলা and demanded trial of the detenu and expressed their intention to go towards Cantonment and the Dhaka University ..Category: Criminal Law | Date: | Hits: 113
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