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State Vs. Azam Reza, 2008, 37 CLC (HCD)
....ed the deceased to death, inevitable inference would be that none but the accused caused her death. In view of the above principle of law well settled in a wife killing case the Judge of the Tribunal rightly and legally found the accused guilty for committing murder of the deceased and rightly convi......Appeal No. 40 of 2005. Judgment AKM Fazlur Rahman J.- This reference under section 374 of the Code of Criminal Procedure has been submitted by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under secti...... their conjugal life was peaceful and happy for three and half years. The deceased gave birth of a son named Turja, aged two and half years at the time of occurrence. One year before the occurrence affair between the accused and Afsana Mimi, an actress, had developed. Accordingly the conjugal life o......case was recorded. Accordingly final report was submitted in the Unnatural Death Case. After investigation of the murder case charge sheet was submitted against the accused, who eventually was put on trial in the Druta Bichar Tribunal No.4, Dhaka, wherein charge under sections 302 and 201 of the Pen..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.....1, measuring 1.32 acres of land comprised in Plot No.1334 and 1193 within mouza Krishnapur, under Sadarpur Upazlla, Faridpur. The defendant No.1 thereafter mutated his name in the relevant record of right and paid the rent and taxes to the government in his own name and while possessing the same, h......Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......the government that due to such illegal act of the defendant No.1, the government has already resumed the settled property and none of the parties are in possession of the suit property. 6. At the trial, the plaintiff examined himself as P.W.1 who was duly cross-examined by defendant No.1 and als..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... perform their constitutional duty and obligation in projecting the cause of the people. It is stated that the abstention of respondent Nos. 3‑5 to attend the parliament is a clear violation of the right, obligation and privileges but they have created a dead‑lock by taking an obstinate attitude......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ......e Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and fair, on this premise, the opposition parties, namely, the Awami League, Jatiya Party and Jamaate Is...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
.... has not been done. 10. Mr. SA Hasan, the learned Assistant Attorney‑General, on the other hand, contends that the learned Court below in consideration of oral and documentary evidence on record rightly convicted the appellant and the appeal is liable to be dismissed. 11. In order to conside......dpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and p......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......section 409 of the Penal Code read with section 5(2) of Act 11, 1947 against the accused appellant. Since the appellant remained in abscondence, the charge could not be read over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witnesses and defence examined no..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......rtha Rin Adalat, Barisal reversing the judgment and decree dated 24‑11‑1990 passed in Title Suit No.87 of 1988 by the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a decl......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... added as defendant No.10 for the reason of his being an authority in charge of the vested property but no appearance was made and no written statement was filed in this case by or on his behalf. The trial Court having found the aforesaid two written statements containing inconsistent and contradict..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....the Election petition under the provision of the Code of Civil Procedure. The Indian Supreme Court has held that such power of amendment is not available to the Election Tribunal and the petition was rightly dismissed for non-joinder of the parties who are necessary parties. The facts mentioned in t......red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......date may be joined as a respondent to the election petition. It has further been held that it is as if a person guilty of a corrupt practice can get away with it. Where at the concluding stage of the trial of an election petition, after evidence has been given, the Court finds that there is sufficie..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....passed in all the writ petitions. Leave was granted to consider the submissions raised on behalf of the writ-respondents that the work-charged employees are not entitled to be absorbed as a matter of right, that admittedly more than 50% of the total work-charged employees had already been regularize......……………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong......……….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong Vs. Ng Yue......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....ase of the other defendants was almost identical. Their cases were that the plaintiff was a litigant person. He sold 'Ka' schedule land by different deeds to those defendants and therefore, he had no right, title and interest therein. The plaintiff was not entitled to the toll from the cattle marker......on is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 20......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......s not entitled to the toll from the cattle marker as he had no right, title and interest therein. The suit was instituted making false statements and, therefore, was liable to dismissed. 6. At the trial the plaintiff examined 6 (six) witnesses including himself as P.W.1 and produced documents whi..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
.... was the motive behind creating the benami transaction can not be accepted as a valid ground for creating the kabala, Ext. A in the name of defendant No.1 Mst. Golap Bia and the lower appellate Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider w......dgment and decree of learned Munsif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a......fendant No.1 and he was married by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lost interest in the worldly affairs and wanted to gift the land of Ext. A in his favour. But as he was minor in 1944 Sultan Ahmed ......earned Munsif being Other Appeal No.210 of 1974 was dismissed on contest by the learned Additional District Judge by his judgment and decree dated 30.7.75. 5. Mr. Farmanullah Khan submits that the trial Court dismissed the suit on the point of limitation and as the lower appellate Court found tha..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....eing Other Suit No.67 of 1965 and the plaintiff was restrained from entering into the disputed land by the decree in the said suit. The plaintiffs further case was that the defendant No.1 acquired no right, title and interest in the disputed land on the basis of purchase from Md. Rafique since Rafiq......ubordinate Judge, Second Court, Chittagong in Title Appeal No.24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. ......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......id decree of the lower appellate Court. 5. Mr. Mokbul Ahmed submitted that the judgment of the lower appellate Court is not a proper judgment of reversal in that while reversing the finding of the trial Court as to whether Md. Wali had two wives or one wife it did not at all advert to the reasoni..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....y the extra judicial confession and inculpatory confessional statement made by the condemned prisoner which was true and voluntary. The learned Judge of the trial Court on the basis of legal evidence rightly and legally passed the judgment and order convicting the condemned prisoner under section 30......t Md. Delwar Hossain J. - This Death Reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Additional Metropolitan Sessions Judge, First Court, Chittagong for confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convic......owing day he was produced before the PW 9 for recording his confessional statement. From the confessional statement under section 164 of the Code of Criminal Procedure it appears that he had a love affair with the deceased out of which he shared her bed having physical relationship. He further state......Magistrate, Chittagong taking cognizance of the offence against the accused under section 302 of the Penal Code transmitted the case record to the Court of Metropolitan Sessions Judge, Chittagong for trial and registered Sessions Case No. 1 of 2001. Thereafter the case record was transferred to the ..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....mination on the dead body of the deceased. According to him, he found the following injuries on the dead bodv of the deceased victim. 1. One big incised wound about 13” X 1” muscle deep on the right side of the back of the neck. 2. One incised wound about 4" X 1” muscle deep on the right......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......ceased has a degree of sanctity under the law, being statements of a dying man, on the belief that he being placed in a situation of immediate apprehension of severance of his ties with the mundane affairs, he would not tell a lie and implicate innocent persons on false charges. But, in the matter o......eport and examining witnesses under section 161 CrPC found prima facie case and accordingly submitted charge‑sheet against the 4 accused‑appellants under sections 302/34 of the Penal Code. At the trial charge was framed under sections 302/34 of the Penal Code against all the accused‑appellants..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... Reza Chowdhury @ Togor, opened fire on him and upon receiving the gunshot injuries he dropped down on the ground. When Rezaul came to rescue Togor accused Yakub Ali, by a Teta, inflicted blow on his right leg causing severe injury and when Mujibur came forward the accused Sabuj, by a iron rod, deal......53 of 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ion Police submitted charge sheet against 22 accused persons including the appellants and ultimately charge was framed under section 302/149 of the Penal Code against 21 accused persons. 4. During trial before the learned Additional Sessions Judge the prosecution examined as many as 23 witnesses ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
.... was taking meal and gossiping enlightening a hurricane some 50/60 miscreants, of whom some wearing musk armed with various deadly weapons, suddenly assailed on them. The miscreants dealt blow on the right side of Ratan’s head with sharp weapon as a result of which his brain came out and he was da......f 2011) (In Jail No. 1040 of 2005) (In Jail Appeal No. 1041 of 2005) (In Jail Appeal No. 1042 of 2005). Jamir Uddin Sircar with Md. Idris Khan, Md. Shahjahan, Md. Amirul Islam, Sufia Akter Helen - for the informant to assist the State(In Death Reference No. 134 of 2005). Khairul Alam - on beha......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......initial stage and to check up subsequent embellishment or departure therefrom as the case proceeds through different stages. If the names of the accused persons are omitted from the F.I.R. and during trial their names are introduced by the informant, as precisely has happened in the instant case, it..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....ned Munsif could dismiss the suit for non-payment of deficit Court fees after having found in the same order that Court fees paid in the suit were sufficient. In such circumstances the learned Munsif rightly found that it was an apparent mistake on the part of the Court to dismiss the suit for non-p......sal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not bindi...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......t was transferred to the Court of the Munsif Gournadi and re-numbered as Title Suit No.47 of 1985. It is gathered from the records that this suit was decreed on contest. On appeal the judgment of the trial Court was reversed and the case was sent back on remand to the trial Court for a fresh trial i..Category: Procedural Law | Date: | Hits: 87
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef...... Court inferior to that of the Court of Session shall try any such offence. Section 21 of the said Ordinance empowered the said Commission to cause an enquiry by any person appointed by it into the affairs of any Stock Exchange or any issuer of a listed security, or the business or any transaction i......violation of the provisions of sub-section (IA) of section 204 of the Code and so the same was illegal and such illegality having been detected the same should be corrected before the commencement of trial. 10. Mr. Rafiqul Huq submitted that as soon as cognizance of an offence for contravention o..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....med about investigation and then without further following up the matter raised a plea that the suit is barred by limitation. That the cause of action arose after the second notice dated 24.4.65. was rightly considered by the High Court Division. 5. As the point of limitation does not deserve any.......A. No.25 of 1970). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella ......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......e, that the suit is barred by limitation; that there had been gross negligence and inordinate delay on the part of the consignees, etc. and the defendant is not liable for loss were raised. 2. The trial Court noticed that the suit was filed on 20.7.65 that was beyond 6 months from the date of not..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
.... this view of the matter the suit was decreed. 4. The Government preferred an appeal being F.A. No.431 of 1968. A Division Bench of the High Court Division came to the conclusion that the suit was rightly decreed inasmuch as the enquiry by the Screening Committee was not in accordance with la......dgment and order of the High Court Division passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.14......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......e truth or otherwise of the allegation against the plaintiff through any agency he might choose in the absence of a provision to the contrary" (Vide 25 DLR SC 94). That was the error committed by the trial Court and the High Court in 21 DLR (SC) 16. The Supreme Court observed: "We regret to say..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....ed a shopping centre. Block No.2 consisted of 11 rooms and room No.3 was allotted to the plaintiff. This land originally belonged to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava......d to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been tra......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......leged that the Pourashava sent Police force on 6.5.73 and he was evicted forcibly. He suffered a loss of Tk. 49,000/- and loss of his reputation for which he brought the suit. The suit was decreed by trial Court for a sum of Tk. 99,400/- but it was dismissed as against defendants 1 to 3, namely, Pou..Category: Property Law | Date: | Hits: 99
.... after obtained leave from this Court. Leave was granted to examine the question whether after creation of a new tenancy by amalgamation and consolidation of holdings the respondent pre-emptors could rightly claim to be co-sharers of the recorded tenant H.E. Percival. Leave was also granted to consi......ich arises out of a pre-emption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by ......harer tenants, direct, by order in writing, such sub-division of a joint tenancy amongst the co sharer tenants and distribution of rent thereof, including arrears of, rent, if any, as he may consider fair and equitable:
Provided that no such order shall be passed unless reasonable notice is given......ebtor.
2. The pre-emption case was dismissed by the learned Subordinate Judge and on appeal the learned District Judge, Chittagong allowed the pre-emption case in part and remanded the case to the trial Court for assessment of the cost of improvement in the case land. The appellant unsuccessful..
Category: Property Law | Date: | Hits: 128
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