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Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ilies had become a nullity for non-application for a long period. 3. The petitioner suggested two names: the Daily Ittehad and the Daily Deshkal but expressed preference for the Daily Ittehad for some sentimental reasons because late Mr. Tafazzal Hossain Manik Miah, the progenitor of the petitio...... favour of Mr. Aktarul Alam, no vacancy had ever occurred. The same applies to Ms. Rumeen Farhana in that since Mr. Oli Ahad affixed his signature on the distorted, wrong and, truly, an artificial so called Form C, which has little relevance and commonness with the Form C, the Parliament has printed...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
.... Metropolitan Special Tribunal Case No.6018 of 1999 convicting the petitioner and another under section 3 of the Explosive Substance Act and sentencing each of them thereunder to suffer rigorous imprisonment for five years. 2. Informant Ashutosh Shome (P.W.1) lodged an ejahar with Sutrapur Polic......epancies and omissions are there in the evidence of the prosecution witnesses, cannot be taken into consideration for quashment of a judgment. 13. At the time of issuance of the Rule no record was called for. During long pendency of the Rule for last seven years, the petitioner also did not take ......al Tribunal No.11, Dhaka for hearing and disposal. Learned Judge of the Tribunal framed charge under section 3 of the Explosive Substance Act against the petitioner and another and proceeded with the trial. Since both the accused were absconding the charge could not be read over to them. 5. Pros...... Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal No.11, Dhaka in Metropolitan ..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....s Judge, Second Court, Barisal in Session Case No.48 of 1988 convicting the appellant and two others under sections 302 and 34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand for each in default to suffer simple imprisonment......e met the appellant at Gournadi hospital, did not find any injury on his person. 9. P.W.7 Dr. Nirmal Bodya, a village-doctor stated that on 17.1.1988 at about 11/11.30 p.m one Makbul and Gani had called him and informed about the occurrence. Instantly he rushed to the house of Khabir Master wher......ements under section 164 of the Code of Criminal Procedure confessing their direct involvement with the occurrence before the Upazila Magistrate, Gournadi on 30.1.1988. The case after being ready for trial, was sent to the Sessions Judge, Barisal, wherein it was registered as Session Case No.48 of 1......orney General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. Ruhul Quddus J.- This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 3.2.1990 passed by the Additional Sessions Judge, Second Court, Barisal in Session C..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
.... J Sirajuddin Sarkar……………………Petitioner Vs. Md. Fazlul Haque and others……………………Opposite Parties Judgment April 2, 2012. Result: The Rule is made absolute. Cases Referred to- 6 BLD 315; 25 DLR 331; 22 DLR 502; Md. Monzur Alam Vs. The State an......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......tioner came to learn that the accused had infringed the trade mark rights of his firm again on 29.10.1994 by manufacturing cast iron, sanitary pipes and fittings etc. in their factory at Tejgaon Industrial Area, Dhaka with the word “MANCO” on those products to defraud the buyers, thus they commi...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Sirajuddin Sarkar……………………Petitioner Vs. Md. Fazlul Haque and others……………………Opposite Parties Judgment April 2, 2012. Result: The ..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....d order dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life with a fine of Taka 2000/- in default to suffer rigorous imprisonment for 2 (two) m......ahar Lucky (appellant’s wife) became seriously ill. He returned home and saw her in a critical condition with froth secretion in her mouth and nose. He also got smell of poison in her mouth. He had called for a doctor, but she died before the doctor came. 3. On receipt of the said unnatural de...... 27.8.1993 under section 302/201 of the Penal Code against the appellant, and after investigation submitted charge sheet on 3.2.1994 against him under the same penal section. The case being ready for trial was sent to the Sessions Judge, Gaibandha and was registered as Sessions Case No.48 of 1995. T......us J Md. Shah Alam…………………Appellant Vs. The State……………………Respondent Judgment March 24, 2011. Result: The criminal appeal is dismissed with alteration and modification. Cases Referred to- Mobarak Hossain Vs. State, 33 DLR 274; 45 DLR 16; Swapon ..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....r. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Opposite Party. Criminal Miscellaneous Case No. 2254 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sole accused in a criminal case was issued on an application under section 561A of the Code of Crimi......dings in the case and obtained the Rule with an order of stay. 5. This criminal miscellaneous has been appearing in the cause list for several days with name of the Advocate for petitioner. It was called for hearing on 15.3.2012, but no one for the petitioner appeared. In view of its long pendenc.......1998. Subsequently the Magistrate by his order dated 9.2.1999 framed charge against him under section 406 of the Penal Code to which he pleaded not guilty and claimed to be tried. 4. In course of trial the prosecution examined the witnesses and after closing the prosecution the case was fixed fo......Petitioner Vs. The State………………………Opposite Party Judgment March 18, 2012 Result: The Rule is discharged. Case Referred to- Golam Sarwar Hiru Vs. the State and another, 13 MLR (AD) 103. Lawyers Involved: No one appears - For the Petitioner. Mrs. S..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....er section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 convicting the sole appellant under section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigor......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......dated 11.6.2001 under section 19A of the Arms Act and after investigation submitted charge sheet against them on 31.8.2001 under the same section of the Arms Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Kushtia, wherein it was numbered as Special Tribunal C......eneral - For the Respondent. Criminal Appeal No.2962 of 2002. Judgment Md. Ruhul Quddus J.- This criminal appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.15..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....e No.172 of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months mor...... him. 9. P.W.4, Md. Lutfar Rahman, a seizure list witness stated that on the date of occurrence he was sitting at the office of Transport Workers’ Union. At about 12 o’clock a police constable called him to police camp, where he saw some bottles of phensedyl on a table and a young man sitting......1 under section 25B of the Special Powers Act and after investigation submitted charge sheet on 5.9.2001 against the sole appellant under the said section of law. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Rajshahi, wherein it was registered as Special Tribuna......dgment January 10, 2012. Result: The appeal is dismissed. Cases Referred to- Mohiuddin Vs. State, 61 DLR 36; Kashem Vs. State, 54 DLR 212; Billal Miah Vs. State, 9 MLR 429; Rana Madbar and others Vs. The State, 51 DLR 499; Abdur Razzak Talukder Vs. State, 51 DLR 83. Lawyers Involve..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....l Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized from him, while he was arrested in connection with the case. 2. Facts leadin......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ed 20.11.2005. Articles seized from the appellant were mentioned in the said police report against serial Nos.4-15 and were proposed to be returned in his favour. 3. The case after being ready for trial, was sent to the Metropolitan Special Tribunal No.1, Dhaka, wherein it was numbered as Special......ssed by the Metropolitan Special Tribunal No.2, Dhaka in Metropolitan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized fro..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....ut of Kalihati Police Station Case No.3 dated 8.7.2004 corresponding to G. R. No.331 of 2004) convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for one year......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ....... Police, after investigation, submitted charge sheet on 9.10.2004 under sections 302 and 201 of the Penal Code against the appellant and his mother Setara Begum. 5. The case having been ready for trial was sent to the Sessions Judge, Tangail and was registered as Session Case No.232 of 2005. Lea......s. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
.... Centre. On the way their vehicle had gone out of order near to Pagla Primary School Polling Centre, for which they stopped there to repair the vehicle. At that point of time, they heard a thunderous sound of bomb explosion inside the centre and saw the voters to run away. One of the candidates for ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......d Rocket under section 19A of the Arms Act, and under sections 3 and 4 of the Explosive Substance Act against eight co-accused including petitioner Nos.1 and 3-7. 4. The case having been ready for trial was sent to the Senior Special Tribunal, Narayangonj and was registered as Special Tribunal Ca......I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....ion Case No.5 dated 3.11.1981 corresponding to G. R. No.958 of 1981) convicting petitioner No.1 under sections 467, 468 and 471 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for an......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......rt on 25.1.1990 and obtained bail, but subsequently did not turn up to the Court and as a result their bail was cancelled. After observance of necessary legal formalities, the case was made ready for trial and was sent to the District Magistrate, Brahmanbaria, wherein it was registered as D. M. Case...... I agree. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
.... Garib Hussain had died, whereas order dated 4.2.1990 shows that according to a police report, the said Garib Hussain was still alive. This inquiry took only 67 days (including the holidays) to be dissolved. Moreover, without any support from the record, or any explanation or reply whatsoever from t......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......tion, submitted charge sheet on 30.6.1986 under sections 147, 148, 302, 364, 342, 326, 325, 379, 380 and 323 of the Penal Code against the petitioners and others. 4. The case having been ready for trial was sent to the Sessions Judge, Comilla on 9.4.1989 and was registered as Session Case No.28 o...... I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....on, Dhaka and another......................................Petitioners Vs. Bangladesh and others..................Respondents Judgment November 14, 1989. Result: This Rule is made absolute. Lawyers Involved: M.I. Farooqui with M.A. Wahhab Miah, M. Saleemullah and Md. Mohsin R......e 16 annas owner and in exclusive possession of the piece or parcel of land measuring 7 (seven) kathas 8(eight) chattaks more or less more fully described in Schedule-I annexed hereto hereinafter called demised property." Schedule-I of lease deed runs as follows:— Schedule-I "All that pi......R (HCD) (1990) 363. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..........Category: Property Law | Date: | Hits: 115
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Ltd., 33 DLR (AD) 298; Janata Bank Vs. Messrs Ahmedia Garments, 40 DLR 72; Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited, 56 DLR 392. Lawyers Involved: Kazi Nazrul Islam (In person), Advocate - For the Appellant. Mahbubey Alam, Senior Advocate with Sk Reajul Hoque, Advocate...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......Ja-Ja(1), Jha-Jha(3), Neo, Ta-Ta(2), Da, Dha-Dha(1), Na, Tta, Tha-Tha(1). 13. The learned Joint District Judge after considering the issues, depositions and the materials on record concluded the trial and dismissed the suit. 14. Being aggrieved by and dissatisfied with the impugned judgment ...... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
.... Judgment May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. Lawyers Involved: Shirin Sharmin Chowdhury with Tania Amir and Manzil Morshed, Advocat......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......d in the Television and over the Radio. These are disputed facts which cannot be decided when exercising a jurisdiction under section 561A of the Code of Criminal Procedure. This is a function of the trial Court which would decide appropriately those facts on the basis of the evidence which will be ..............Petitioner Vs. Golam Murtaza .................................................Opposite Party Judgment May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is m..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....r Police Station Case No.9 dated 27‑3‑98 corresponding to GR Case No.21 of 1998 convicting the appellant Abdul Majid under section 364 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Taka 2,000 in default to suffer rigorous imprisonment for 1 ......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......dge Nilphamari framed charge under section 364 of the Penal Code against accused Abdul Majid who pleaded not guilty and claimed to be tried when charge was read out and explained to him. 7. At the trial prosecution examined 9 witnesses including the informant and the investigation officer. P.W.1 ......neral with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Session..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....eme Court High Court Division (Criminal Appellate Jurisdiction) Present: DM Ansaruddin Ahmed J Kazi Ebadul Hoque J Abul Kashem & another........................Condemned Prisoners Vs. The State............................Opposite Party Judgment April 16, 1990.......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......nder section 164 of the Code of Criminal Procedure. After investigation police submitted charge-sheet against the accused persons under sections 302/34 and 379/411 of the Penal Code. 3. At the trial the accused persons pleaded not guilty to the charge framed against them by the learned Additi......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....nal Judge, Dhaka who took cognizance of the offence under the Special Powers Act numbering the Special Tribunal Case No.169 of 1989. Mr. Abdul Malek, the learned Advocate for the petitioner, has also shown us the certified copy of the order sheet of the Court of Special Tribunal in the present ca......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......nything contained in the Code or in any other law for the time being in force a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial but shall not take cognizance of any such offence except on a report in writing made by a poli......DLR (HCD) (1990) 375. ..Category: Procedural Law | Date: | Hits: 117
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....to records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belonging to the plaintiffs’ predecessor Ujir Bibi was requisitioned......er also has not been prejudiced in any manner because of bringing those 2 documents into record. Learned Counsel for the petitioner also submits that to prove the said documents P.W.1 was illegally recalled. Recalling of witness is provided under Order 18 rule 17 of the Code of Civil Procedure and i......bmission he has cited the decision in the case of Ranjit Kumar Rakskit Vs. Sudhir Kumar Chowdbury, reported in 38 DLR 39 wherein while interpreting Order 6 rule 7 it has been held as follows: "The trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of d......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V..Category: Property Law | Date: | Hits: 126
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