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Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......os. 266-269 of 2011). Judgment Md. Abdul Wahhab Miah J.- Review Petition Nos.9-12 of 2012 have been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12.03.2012 in Criminal Petition for ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......are disposed of by this judgment. 2. Facts necessary for disposal of these review petitions are as follows: 3. The convict-petitioner (hereinafter referred to as the petitioner) was put on trial before the Joint Metropolitan Sessions Judge, Fifth Court, Dhaka in Metropolitan Sessions Case..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......strate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in capability of the said Judge to perform the judicial work. If explanation of the learned Judge is accepted, then it is clear that ......ed himself from performing his judicial work under undue pressure is not at all fit to continue in judicial work; rather his such conduct is unbecoming of a Judicial Officer. 14. However, in all fairness, we direct the Secretary Ministry of Law, Justice and Parliamentary Affairs&nbs......he Special Sessions Judge and Poribesh Appeal Adalat, Dhaka was directed to explain his position within 2 (two) weeks from date of the receipt of the notice as to why the argument of the case and the trial has not been concluded within last 2 (two) years. 3. In reply to the above, Mr. Md. Mahbu..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....p; Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records of rights and will remain in enforce unless the same is cancelled by an appropriate civil Court.……......rs Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a r......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......k tube well and constructed dinning room, bath room and care-taker room. Md. Siddique Miah has been living there with his family members. So, the suit is liable to be dismissed with cost. 4. The trial Court decreed the suit by the judgment and order dated 14-10-2002. 5. Against the judgmen..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
.... Memo dated 2-10-2004 the Pay Scales of the incumbents were approved but their services have not been regularized as Assistant Professor of the said college inasmuch as they have acquired vested right to be appointed / regularized as Assistant Professors of the Government Homeopathic Degree Col......621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All ER 935; Sethi Auto Service Station Vs. Delhi Development Authorit......hi Auto Service Station Vs. Delhi Development Authority 2009 (1) SCC 180; SSA Bangladesh Limited Vs. Engineer Mahmud-ul-Islam, 24 BLD (AD) 92 = 9 BLC (AD) 84; Schmidt Vs. Secretary of State of Home Affairs, (1969) 1 Ch.140; Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury, 22......not stated to be fair and reasonable. When the State Government makes a representation and invites the entrepreneurs by showing various benefits for encouraging to make investment by way of industrial development of the backward areas or the hill areas, and thereafter the entrepreneurs on ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....be initiated................. (23, 28, 29, 31) Status of a Lawyer (an Advocate) and His/Her Responsibilities Advocates in our country constitute a privileged class that enjoys the exclusive right to "practice law. As an officer of the Court as well as agent of the client, the Advocate......error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………&hellip......te side. Advocates, as members of the Bar and officers of the Court, have the responsibility of "keeping the stream of justice pure and unsullied" so also to enable it to administer justice fairly and to the satisfaction of all concerned. The primary duty of the Advocate is to inform the C...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......is court may seem fit and proper.” 2. Averments figured by the petitioner, in his application invoking Section 561A of the Code of Criminal Procedure, seeking quashment of the aforementioned proceeding are briefly, scripted below; The petitioner is a former Minister for ......p;.......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and oth......the residual aspect of Mr. Islam’s submission. 44. According to him, the FIR discloses no offence whatsoever. As an FIR is the genesis of a criminal prosecution, around which any possible trial would revolve, fall or stand, it is a well settled principle of criminal Jurisprudence that no..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......ged offences were committed during the operation of the Ain of 2002, the punishment for the said offence as provided under Chapter IV of the said Ain be applicable. Therefore, there is no bar to hold trial of the petitioner under provisions of the Anti-Corruption Commission Act, 2004 for the commiss..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......r section 265C of the Code to discharge her from the case. The Sessions Judge by his order dated 23-11-2008 transferred the case to the Court of Additional Sessions Judge, Second Court, Kushtia for trial and disposal. The learned Additional Sessions Judge by his order dated 20-1-2009 rejected the..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......ent and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004 with Jail Appeal No.521 of 2004) Judgment Muhammad Imman Ali J.-This jail petition for leave to appeal at the instance of the condemned petitioner Rahmat Ali alias Shukkur is directed......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... section 302 of the Penal Code against the condemned petitioner. 4. The case was transferred to the Court of Sessions Judge, Kishorganj where it was numbered as Sessions Case No.219 of 2003 for trial. Charge was framed under section 302 of the Penal Code against the condemned prisoner an..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....ent that a single marking method for both of the versions has been maintained, one group of students either the Bangla or the English had certainly been subjected to serious injustice violating their rights to have equality before law and equal protection of law as contained in article 27 of the Con......y B Hossain, Advocate-on-Record—For the Petitioners. Muzammel Haq, Senior Advocate instructed by Md. Habibur Rahman Miah, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No.1953 of 2012. (From the judgment and order dated the 5th day of June, 20......High Court Division took exception to the said dual stand of the contesting respondents with the further observations that:— ". . . we find that the new stance of the respondents is unfair and unjust and, further, the respondents are estopped by law from changing their position as, i...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......l Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of land of that plot appertaining to another Khatian a ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......y Tk. 5,000/- for which their offer was turned down. The pre-emptees developed the case land by spending huge amount of money. Hence, they prayed for dismissal of the pre-emption case. 4. The trial Court by his judgment and order dated 30.07.1992 dismissed the case. Against the judgment and..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....aring-apparels of the accused Tipu and the learned trial Judge considered the evidence and materials on record in their proper perspective and scanned the attending circumstances of the case and rightly found all the accused-appellants guilty of the charge levelled against them under sections 3......ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri...... in detail to the accused at the time of their examination under section 342 of the code of Criminal Procedure, though they were referred to during the said examination, and such being the state of affairs, the case may be remanded to the trial from the stage of examination of the accused under sect......d Nasima, Sub-Inspector Md. Mainul Islam submitted the charge-sheet no.157 dated 18-4-2001 against the condemned-appellants under sections 302/34 of the Penal Code. 5. At the commencement of the trial of the case, the learned trial Judge charged all the condemned-appellants under sections 302/3..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......of Possession) Ordinance, 1970 (Ordinance 24 of 1970) When a suit is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her posses......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... them from taking possession of the land and from disturbing his possession therein. 5. The plaintiff-government contested the said application for injunction by filling a written objection. The trial Court, upon hearing the parties, allowed the application and passed an order of temporary inju..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....ation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a co-sharer of the case holding and the pr............Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Co...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......ons of the pre-emption application contending, inter-alia, that they acquired the case land by way of a registered exchange deed and, as such, the pre-emption case is not maintainable. 4. At the trial both the parties led evidence to prove their respective cases and the learned Assistant Judge ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... charge against the accused beyond shadow of doubt. In respect of a spouse killing case, where the victim was in the company of the husband or the wife, the spouse is under an obligation to account for the cause of death and a special onus lies upon him/her to prove the cause of death and in the ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......act is wrong and not borne out by the evidence/there is no limitation on its power to interfere with the order of acquittal. An accused starts with a presumption of innocence when he is put up for trial and this presumption of acquittal should not be lightly interfered with by the Appellate Divi..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession wa...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......elf. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession was not voluntary or it was inculpato..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....cca construction on the suit plot, the approved plan and design. If the plaintiffs or their attorney filed any of the above-mentioned documents, those would be false and forged. The plaintiffs had no right, title and possession in the suit plot and it is the defendant who has been possessing the sui......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......in the scene with three sets of original documents which included the letter of allotment, receipts showing payment of installments against the suit plot and the lease deed, it was incumbent upon the trial Court to frame an issue as to which sets of documents, were genuine and who was the actua..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ............Opposite Party Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days fr......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......no illegality in this respect................(6) Prayer for a direction on the complainant to receive the amount and discharge of the accused is not acceptable It is not the function of the trial Court to give direction on the complainant to receive money after expiry of the statutory peri..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....learned trial Court after framing six different issues and taking evidence of one witness from the side of the plaintiffs and one witness from the side of the defendants dismissed the suit on contest rightly which was upheld legally by the learned appellate Court.
5. Against the judgment ......ation; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction.
3. The contrary case of the defendants in brief is such that the suit......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......file the suit not in civil Court but in the Labour Court and that they have different forum for adjudication of their matter which lies in the respective jurisdiction of the Labour Court. The learned trial Court after framing six different issues and taking evidence of one witness from the side of t..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....g officer submitted charge-sheet against the accused-petitioner and a clear case of abetment has been disclosed against the accused-petitioner and accordingly the learned Special Judge rightly took cognizance and framed charge against the accused-petitioner and considering that aspect......p;……...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, the......ender process and the bid of the petitioner being the highest one was accepted by the authority concerned and, as such, the petitioner is a bona fide purchaser for value and this being the state of affairs, the impugned proceedings should be quashed. He then submits that the bid money to the tune of...... the Code of Criminal Procedure. Over and above, whether the allegations of abetment in manipulating the tender for sale of the case properties are true or false can only be gone into during the trial of the case. Moreover, the admissibility, relevance, propriety or sufficiency of material..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
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