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Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....r disposal of appeal. 21. In the light of above mentioned provision of law even when an accused having absconded and is to be tried and convicted in his absence, the Court could apply its coercive power for compelling him to attend even by selling his moveable and immovable properties after prope......�………………………...Petitioner Vs. State…………………………………………………………………….Opposite Party. Judgment June 29, 2005. Case Referred to- Hakim Rai Vs. State, AIR 1957 (Punjab) 134. Lawyers Involved: ASM Abdul Mobin with Md.......(fifteen) days more. It is further stated that both sentences will run concurrently. 2. Prosecution case, in short, is that informant Md. Abul Kalam on 17-4-2004 at about 10-00 PM received a phone call over mobile phone from one Jewel who requested him to come at House No. 7 of Block A, Shah Jala......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..

Category: Criminal Law | Date: | Hits: 65

Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)

....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... Sottar …………… Convict-Appellant Vs. State………………………………………………………………………..Respondent. Judgment June 26, 2006. Cases Referred to- 2 DLR 304, 28 DLR 253, 40 DLR 97, 1983 BLD 108, 1998 BLD (AD) 43, 14 PLD 1962 WP (Ouetta), 5......ua in brief, is that on 21-3-1990 at about II O'clock at night he along with his wife Nandita were sleeping in their house when the informant's elder brother Jenu Lal Barua went out to respond to the call of nature at about 12 in the night with a torch in hand and had seen Kanu Barua, Kazal Barua an......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...

Category: Criminal Law | Date: | Hits: 59

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

.... acquired by the Cantonment Authority. But the petitioner without complying with the aforesaid provision of PBS policy instruction tiled the writ petition without any legal basis. The respondent is empowered under section 19 of the Rural Electrification Board Ordinance, 1977 to place underground cab......r Rahman Chowdhury J Engineer Md. Nurul Islam Chowdhury…………………..Petitioner Vs. GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents. Judgment October 23, 2005. Lawyers Involved: Mobbubey Alam with JN Dcb and Ekramul Hoque. Advocates—For......For the Petitioner. Rehana Malek, Advocate—For the Respondents. Writ Petition No. 4559 of 2002. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why they should not he directed to remove the unaut...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405...

Category: Others | Date: | Hits: 146

Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)

....e D) sent the aforesaid 3 appeals to the respondent No. 3 for its rehearing. It is further stated that there was nothing wrong in passing the impugned order and that the Director of Land Records is empowered to make such an order dated 10-7-2001 marked Annexure C to make necessary correction in the ......Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 200......ates—For Respondent No. 4. Syeda Afsar Jahan, Deputy Attorney-General—For Respondent No. 1. Writ Petition No. 4068 of 2002. Judgment Afzal Hossain Ahmed J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 10-7-2001 passed by the Directo......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...

Category: Property Law | Date: | Hits: 62

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....ge, what should be the prosecution case, and how. When and in which manner, a plea of guilty of an accused should be accepted. We are of the view that he should not be allowed to exercise session’s power any more so that no further harm is caused to any accused person as well as to the prosecution......n @ Rajib Ullah.................Appellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; ......ore Vs. Emperor, AIR 1941 Lah 301, it has been observed by another Division Bench of Lahore High Court: "Where an accused pleads guilty but the act complained of does not amount to an offence, the so-called plea of guilty is no more than an admission on the part of the accused that he had committed ......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...

Category: Criminal Law | Date: | Hits: 51

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......�…………………………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Sp......ny confession. He also denied the defence suggestion that he did not follow the provisions of law while recording the confessional statement of Mushfiq Uddin Togar. He then denied that Mukul was physically ill and that he did not make any confession voluntarily. He went on to deny the defence sugges......cution. The defence declined to cross examine him. 27. PW 7 Md. Dablu alias Md. Kamrul Islam stated that he was a technician of refrigerator and airconditioner. On the 7th there was a conciliation meeting (salish) in Chankhar Pool School between Nurul Islam and Tuhin about monetary affairs. He f..

Category: Criminal Law | Date: | Hits: 236

Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)

....et aside by the Additional Sessions Judge. Chittagong and directed to hand over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent jurisdiction the High Court Division stayed the said illegal order passed by the A......n (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005. Cases Referred to- Abdul Karim Vs. Gousuddin, 51 DLR 259; Abul Hashem Dewan Vs. SDO, Madaripur, 20 DLR 22; Amir...... No. 1. (In both cases) Snigdha Huq, Deputy Attorney-General -For the State. Criminal Miscellaneous Case Nos. 118, 8422 of 2003. Judgment Mir Hashmat Ali J. - Both these Rules were issued calling upon the opposite parties to show cause as to why impugned order dated 23-11-2002 passed by ......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...

Category: Criminal Law | Date: | Hits: 55

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

....halilur Rahman Bhuyan, the learned Panel Advocate of the National Legal Aid, appears on behalf of the jail appellant and submits that the husband accused attacked on the deceased on being deprived of power of self control as soon as he had seen the obnoxious scene of sexual intercourse by the deceas....................................Appellant Vs. State…………………………………………………………………………..Respondent. Judgment April 9, 2006. Case Referred to: 1972 Criminal Law Journal (Madras High Court) 1641. Lawyers Involved: Md. Khalilur Rah......omicide and amounting to murder. She submits that though the learned Trial Judge did not convict him under section 302 of the Penal Code, the punishment of imprisonment for life he inflicted does not call for interference. 13. In order to ascertain the correct position of fact proved and to consi...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...

Category: Criminal Law | Date: | Hits: 93

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

....while the defendant examined 5 witnesses in support of their respective contention. 11. The plaintiff filed the certified copies of khatian No. 292 whereas the contesting defendant filed different power of attorney, registered deeds and the certified copy of the judgment and plaint of preemption ......��…………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. P......and Kunjaya Singh had equal share of the land of Babu Singh. He lastly submits that the plaintiff may go for separate saham of 1/3 rd share out of 342 decimals of land. 18. The moot question that calls for our determination in this revisional application is, whether the learned District Judge, M......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..

Category: Property Law | Date: | Hits: 75

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

..... the 1960 Ordinance, is still in force. Any doubts in this regard can be allayed by reference to the East Pakistan Probation of Offenders Rules, 1971, which were made in November 1971 in exercise of powers conferred by section 14 of the 1960 Ordinance. Brief reference may also be made to the Bangla......�……Opposite Parties. Judgment March 9, 2006. Lawyers Involved: Not represented—the Petitioner. Md. Taherul Islam, Advocate—For Opposite Party No. 1. Fahima Nasrin, Deputy Attorney-General—For the State. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J......rney-General—For the State. Criminal Revision No. 760 of 1999. Judgment Md. Imman Ali J. - This Rule arises out of an application filed under section 439 of the Code of Criminal Procedure, calling upon the opposite parties to show cause as to why the impugned judgment and order dated 30-8......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... Pubali Bank Vs. Chairman First Labour Court, Dhaka and another reported in 44 DLR (AD) 40 wherein it has been stated that Labour Court acts as a Civil Court for limited purpose and does not have the power to grant interim order of injunction or stay. In the instant case, since the petitioner was tr......�……………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases Referred to- Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BL......dent No. 3 (In both the Writ Petitions). Writ Petition No. 6822 of 2001 with Writ Petition No. 9 of 2002. Judgment Tariq-ul-Hakim J. - In Writ Petition 6822 of 2001 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order (Annexure B to the Writ Peti......rminated or dismissed from service for Trade Union activities as a result of which there has been no Collective Bargaining Agent (CBA) election after 1988 and that after a series of interdepartmental meetings and deliberations with the Government, a list of 40 workers and employees was prepared who ..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....efer an appeal under section 417 A(2) of the Code of Criminal Procedure where the impugned order of sentence has been enhanced because the provisions of law as laid down in section 417A(2) does not empower any witness or any other person to prefer an appeal rather, such power has been given to the "......�………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-P......orney-General—For the State. Criminal Revision No. 1985 of 1991. Judgment Md. Anwarul Haque J. - On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Kishoreganj as well as the opposite party No. 2 to show cause ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....13. Filing the documents by the plaintiff is governed by rule 14 of Order VII of the Code of Civil Procedure which runs thus: "14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presen......man and others…………………………..Petitioners Vs. Kazi Nuruzzaman and others ………………………………..Opposite Parties. Judgment March 13, 2006. Cases Referred to- Afsaruddin Ahmed Vs. Banque Indosuez, 44 DLR (AD) 136; Moyesuddin Mondal Vs. Bena Rani Das a......ut any order as to cost and the order No. 113 dated 16-2-2003 passed by the learned Joint District Judge, Dhaka in Title Suit No. 153 of 1992 is affirmed. The order of stay granted by this Court be recalled and vacated. The learned Joint District Judge, First Court, Dhaka is directed to proceed with......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306...

Category: Property Law | Date: | Hits: 131

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

.... 10. In reply Mr. Sk Md. Morshed, tile learned Advocate for the opposite party No. 1, submits that the provision laid down in Order VII, rule 11 of the Code is a summary procedure giving the Court power to reject a plain reading of the same and there is no necessity of framing any issue or taking......��……………………………….Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and other......all lie from a decree passed by the Court without the consent of parties." Section 115(1) provides as follows: 115. (1) The High Court Division may, on the application of any party aggrieved, call for the records of any suit or proceeding, in which a decree or an order has been passed by a C......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..

Category: Procedural Law | Date: | Hits: 90

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......��………….. Complainant- Petitioner Vs. State & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involv......eb Mondal, complainant-petitioner of Session Case No. 28/2001 arising out of Complaint Case No. 25/96 under sections 147/148/149/302/114, Penal Code filed before Cognizance Court Jenaidah, was issued calling upon opposite party Nos. 1-11 including State, opposite party No.1 represented by Deputy Com......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)

....t aside. Under such circumstances, let the suit be disposed of within 6(six) months from the date of receipt of this order by the Court below. 4. In this connection, it should be noted that the power of the Court to issue a commission to examine a witness, is an exceptional one and should be u......ers. M. Amirul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate -on-Record- For Respondent Nos.1 & 2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to appeal has b......ealization of Tk. 5,53,26,76,000/- as compensation by way of damages. The whole question centered around about the legality of the order dated 02.08.2010 passed by the Joint District judge allowing recall of the P.W.1 for cross-examination on behalf of the defendants. 3. We have heard the learned......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..

Category: Civil Law | Date: | Hits: 82

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

.... any where in the Code. It is a question to be determined in view of the facts and circumstances of each case. The words "sufficient cause" must be liberally construed to enable the court to exercise powers "ex debito justitiae". A party should not be deprived of hearing unless there has been someth......dagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers In......perty from Nurul Hoque and claimed title thereof and thus the cause of action has arisen on 12-6-1992. Hence the suit. 5. The defendant No. 1 contested the suit by filing written statement categorically denying the material allegations of the plaint. It is further stated that thereafter Ahamed Ho......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..

Category: Property Law | Date: | Hits: 115

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....pecial provisions, in respect of bankruptcy matter. It contains, amongst others various provisions, namely, section 2 contains definitions, section 9 enumerates act of bankruptcy, Section 10 contains power of adjudication, section 11 provides for the qualifications of persons who are subject to bank......……………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs Speed Bird Navigation Co. and another Vs. Bangladesh and others, 27 DLR 170; Fazle (M......umrul Haque Siddique with Joy Rahman, Advocates—For the Respondents. Writ Petition No. 485 of 2001. Judgment Md. Muzammel Hossain J.- This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 pass......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..

Category: Civil Law | Date: | Hits: 131

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ...... the Respondents. Writ Petition No. 6436 of 2001. Judgment Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Paubo-Kop/B-lKa/Sha-l/B-2/2001 ......Md. Abdun Nur, Advocate—For the Respondents. Writ Petition No. 6436 of 2001. Judgment Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Pa......at Serial No. 57 of the seniority list. However, the matter of appointment of the other eight qualifying persons, i.e. respondent Nos. 6 to 13 was kept pending. Their cases were discussed in the 27th meeting of the Parliamentary Standing Committee regarding the Ministry of Water Resources held on 19..

Category: Employment/Service Law | Date: | Hits: 79

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......dgment and order dated 30-7-2001 passed by the Senior Assistant Judge, Trishal, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposit......all the above aspects of the matter has rightly allowed the Miscellaneous Appeal reversing the Judgment and order passed by the trial Court disallowing the pre-emption and there is no reason that may call for interference with the impugned judgment and order. 8. No one appears for the petitioner ......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..

Category: Property Law | Date: | Hits: 91

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