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Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
.... of the petitioners had been determined and confirmed and being satisfied of their disabilities and after observing due process of law paid state honorarium and in the process, they acquired a vested right to their state remuneration as freedom fighters and stopping the payment unilaterally, the res......order or orders passed as to this Court may seem fit and proper." 2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any nor......of power under PO No.94 of 1972 the Board of Trustees in charge with the management of the trust, promulgated Bangladesh (Freedom Fighters) Welfare Trust Regulation in 1984 in order to regulate the affairs of the Trust concerning the rehabilitation of disabled freedom fighters through proper listing......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
....hem with local made firearms, he (the informant) was injured. Accused Chora Hussain struck Badal Mia on his head with ramdao. Accused Mon Mia struck Badal with ramdao which he tried to avoid with his right hand and as a result his thumb and fore finger were severed and fell to the ground. When Chora......or the Petitioner. Ruhul Quddus, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record—For the Respondent Nos.1 & 2. For the Respondent No.3—Not represented. Criminal Petition for Leave to Appeal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed b...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......e and also to pay a fine of Tk.10,000/- (Taka ten thousand) each in default to suffer rigorous imprisonment for 6 (six) months more. 6. Being aggrieved by and dissatisfied with the judgment of the trial Court the respondent Nos.1-3 preferred Criminal Appeal No.4412 of 2006 before the High Court..Category: Criminal Law | Date: | Hits: 122
....l of this Dayemi Complex Bangladesh and that the informant Md. Jahangir Alam lodged the ejahar as an employee of this institution and on behalf of this institution and as such, he had no authority or right to compromise the case with the accused persons without the consent of the institution; that......n, Advocate instructed by Abu Siddique, Advocate-on-Record—For the petitioner.
A. K. M. Foez, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents.
Criminal Petition for Leave to Appeal No.382 of 2010.
(From the judgment and order dated 19.05.2010 passed by the H......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......against the accused persons under sections 419, 420, 467, 468, 471, 406, 408, 409, 447 and 448 of the Penal Code. The case was ultimately sent to the court of Chief Metropolitan Magistrate, Dhaka for trial. Before this court accused persons filed an application under Section 241A of the Code of Crim..
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....ue), which was allowed. Against the aforesaid order, Hamida Khatun preferred an appeal before the Land Appeal Board, which upheld the order of A.D.C. (Revenue). Hamida Khatun Chowdhury did not have right to transfer the suit land to plaintiff Nos.1-5 and the document, if any, is produced that woul......ord—For the Petitioner. Ferozur Rahman, Advocate, instructed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......render, defendant No.1 on 10.07.1978 leased out 2.90 acres of land to them for the first lime for a period of five years and that they had been in possession of the said 2.90 acres of land. 5. The trial Court by its judgment and order dated 15.01.1991 decreed the suit. 6. Against the judgment ..Category: Property Law | Date: | Hits: 93
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal aspect rightly took cognizance of the offence and transferred the case to the learned Metropolitan Assistan......aka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shi......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......t the accused person under section 138 of the Negotiable Instruments Act and transferred the same to the Court of the 5th Assistant Metropolitan Sessions Judge, Dhaka for disposal and thereafter the trial Court on receipt the record of the impugned proceedings on 31-7-2006 fixed on 28-9-2007 for c..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......oper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... in 14 BLC 26 and another unreported judgment passed in Writ Petition No.6880 of 2008. The learned Advocate further submits that the accused-petitioner was a fugitive as she did not appear before the trial Court though she was a wanted person in the trial Court, and without appearing in the said Cou..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
.... the Industrial Unit concerned continued with the Buxly Paints (Pakistan) Ltd. though the possession thereof was with Buxly Paints (East Pakistan), subsequently (Bangladesh) Limited and as such the right of the Government to take over possession of the said industrial unit could no be questioned......ance of the said object it entered into a written agreement with Buxly Paints (Pakistan) Ltd. on 20.10.71 to acquire all the assets of the said Company at Chittagong including the Industrial Unit for a consideration to be paid in serveral instalments, out of which a part had already been paid.......Buxly Paints (Bangladesh) Ltd. and appointed Mr. M.A. Salam, the Executive Director of the appellant company, as the Administrator for the Unit to operate the mill and jointly conduct all other affairs. On 19-2-72, however, the Secretary of Industries suspended the appointment of Mr. Salam as Ad......y. In pursuance of the said object it entered into a written agreement with Buxly Paints (Pakistan) Ltd. on 20.10.71 to acquire all the assets of the said Company at Chittagong including the Industrial Unit for a consideration to be paid in serveral instalments, out of which a part had already..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
.... 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal tr...... Ruhul Islam J.- This appeal by special leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High ....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......pondents pleaded not guilty to the charge and their main defence was that they entered into the disputed huts in assertion of their bona fide claim of right and hence they committed no offence. The trial ended in their conviction under Section 448 of the Bangladesh Penal Cede. The order of convict..Category: Criminal Law | Date: | Hits: 94
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....ert, instead a different one was sent. According to the learned Judges these omissions vitiated the trial which occasioned failure of justice. The learned Advocate appearing for the appellant has rightly submitted that in view of the finding that trial was vitiated and this occasioned failure of......e-passed against the appellant under Section 19A(f) of the Arms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appeal expeditiously, in any case, within 6 weeks from the order.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......bullets was recovered on search of his body. First Information Report was filed by the said police officer and after completion of investigation charge sheet was submitted. The appellant was put on trial under the Special Powers Act, 1974. He pleaded not guilty to the charge under section 19A(f) o..Category: Criminal Law | Date: | Hits: 91
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
..../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ...... Leave is granted. Lawyers Involved: Faruque Ahmed, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.917 of 2009. (From the judgment and order dated 20.11.2008 passed by the H....../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......has argued that this allegation of fraud needs detailed evidence to be proved and in the circumstances the High Court Division erred in making the rule absolute and thereby affirming the order of the trial court rejecting the plaint of Other Class Suit No.35 of 2002 before taking of any evidence. Th..Category: Procedural Law | Date: | Hits: 81
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......cate-on-Record— For the Petitioner. A. Y. Mosihuzzaman, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ed for further hearing. On that date this petitioner filed an application under Order 17 Rule 1(4) of the Code of Civil Procedure praying for disposal of the suit. But the learned Judge of the trial court rejected that application by the order dated 27.02.2006 holding that the plaintiffs were..Category: Procedural Law | Date: | Hits: 75
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
.... the impugned judgment of the High Court Division. We, rather find that the High Court Division, on meticulous examination of the evidence and materials of record and on consideration of all aspect rightly affirmed the concurrent findings of the courts of facts. The impugned judgment and order ...... Lawyers Involved: N. I. Bhuiyan, Advocate-on-Record—For the Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......e pre-emptee pleaded further that this pre-emption case is barred as per provision of section 6 of Land Reforms Ordinance, 1984. 6. Both the contesting parties adduced several witnesses before the trial court in order to prove their respective cases. 7. The trial court, on consideration of evi..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
.... petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. After that, the D.B. Police prepared a seizure list and t......e No.22 dated 9.9.2004 corresponding to G.R. No.520 of 2004 convicting the petitioner under section 19-A and 19 (f) of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction to run both the sentence concurrently should ......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......cial Tribunal No.7, Dhaka who framed charge against the petitioner under sections 19(A) and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the othe..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......2 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for adding him as opposite party No.2 in this case. A......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......hing was fixed without spelling out the consequence of not doing that thing within that time. Applying the same test, while resolving the question as to whether the time limit fixed for conclusion of trial, the apex Court held that, "as there is no consequence provided, in the event of failure to co..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......6 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......e convict. Process was issued under sections 88 and 89 of the Code of Criminal Procedure. The convict failed to appear and the case was taken up for in-absentia hearing. Then the case was sent to the trial Court1 for trial. During trial charge was framed against convict-appellant under sections 26(2..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....imed it is found that he practically sought for substantial relief in respect of the suit property. 19. As the plaint itself discloses the objective standard for valuing the suit, the Courts below rightly found that the suit was not properly valued. Since the plaintiff asked for substantial relie......4 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defend...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... contested the application filing a written objection denying the allegations made in the application for rejection of the plaint and prayed for rejection of the application. The learned Judge of the trial Court hearing the parties by his order dated 27.11.2004 rejected the application of the defend..Category: Property Law | Date: | Hits: 85
....or their employee never executed any Amalnama and Dakhila and if any such document is produced that must be anti-dated, forged and collusive. Lastly it has been alleged that the plaintiffs has got no right, title and possession over the suit land and as such the suit is liable to be dismissed with c......ipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. This matter appears in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up fo......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......ver, let me proceed to examine the materials on record and see there from as to how far the plaintiff-petitioner is entitled to get relief from this revisional ad-judicature.
11. On perusal of the trial Court's record, it reveals that the learned Assistant Judge dismissed the suit ex-parte in abs..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....naged to get its certified copy on 13.07.1994 and became sure about it which is false, fraudulent, collusive and ineffective. Onnada Sundari had life time interest only on the property and she had no right to make any gift as mentioned earlier and that Santa Kumar Kuri had no means and abilities to ......ass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994 before the Senior Assistant Judge, Sadar, Noakhali stating that within District Noakhali under Sudhara......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......umar Kuri defendant inherited the property and possessed the land concern as before and that the claim of the plaintiffs is false and defendant prayed for the dismissal of the Suit. 4. The learned trial Court on consideration of the evidence and materials on record by his Judgment and decree date..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d another, 60 DLR 677; Md. Mahiruddin Vs. Md. Amirul Islam and Others, 16 BLT 474; Most. Rahela Khatun Vs. Md. Hassan and others, 16 BLD (AD) 264. Lawyers Involved: Pronay Kanti Roy, Advocate - for the appellants. Md. Monwar Hossain, Assistant Attorney General- for the respondent. Crimin......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sale. The police recorded the case and after investigation submitted charge sheet on 15.2.2008 against the appellants under section 25C of the Special Powers Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Noakhali, wherein it was numbered as Special Tribunal ..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......Miah .................... Appellant Vs. The State ....................... Respondent Judgment April 19, 2011. Result: The appeal is allowed. Lawyers Involved: No one appears - for the appellant. Promila Biswas, Deputy Attorney General - for the respondent. Criminal Appe......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ...... after investigation submitted charge sheet on 18.7.1994 against three accused including the appellant under sections 448, 497, 313, 318, 346 and 109 of the Penal Code. The case after being ready for trial, was sent to the Sessions Judge, Brahmanbaria and was registered as Session Case No.26 of 1994..Category: Criminal Law | Date: | Hits: 87
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