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Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... other wives. She admitted that she had sexual intercourse with accused Hannan. Accused Hannan married her by Kabinnama and also by swearing affidavit in Dhaka. She denied the suggestion that she was minor and her age was about 11 years and that her father did not borrow Tk. 30,000/-from accused Han......to pay a fine of Tk.2,000/- in default to suffer rigorous imprisonment for 2(two) months more, with a direction to run both the sentences concurrently. 2. The prosecution case, in brief, is that victim, D.W.1 Nasima Begum, daughter of complainant P.W.1 Shahu Howlader, aged about 13 years, was a......y over writing and interpolation Sanu Khan was converted as Sanu Hawladar. So there is serious doubt whether the student named Nasima appearing in the school admission register and the victim is same girl. The victim was adult at the relevant time. She as D.W.1 gave evidence that she voluntarily goi..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....such action of the defendants, in treating the suit property as enemy property is evi­dently illegal and without jurisdiction. 12. Be it mentioned here that a deity is considered to be perpetual minor and immortal. 13. We have already pointed out that undisputedly the suit land was recorded......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....Engineer (Mechanical), R & H evaluated and examined the Tenders and on 21.6.2005 opined that most of the 16 Deviations alleged against the petitioner were not at all devia­tions and some were minor deviations and he recommended for overlooking the said alleged deviations and to save Tk. 2,5......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....nce as aforesaid. 3. The defendant-petitioner contested the suit by filing written statements denying the material averments of the plaint stating, inter alia, in short, that the defendant was a minor at the time of alleged marriage having his date of birth as on 9.4.1981. His further case is t......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

.... had been solemnised between Mahbubuddin and Nilufar in the year 1978. Mahbubuddin was an Engineer and Nilufar was a student of Law. During conjugal life a son named Shaummoy was born. Shaummoy was a minor boy of 8/9 years at the time of incident. Mahbubuddin and Nilufar used to stay on fourth floor...... the name of Nilufar after Nilufar's death and Mahbubuddin did not submit to pressure put upon him taking into account the future of his son Shommay. Mahbubuddin fur reasons stated above had been victimised by his father‑in‑law HR Khan (P.W.1). Seven (7) witnesses had been examined in suppor...... Hashi Begum (wife). 90. In Emdadul Hoque Vs. State 57 DLR 21 essence of the decision reached by a Division Bench of High Court Division is in the following language: The only fact that the girl was found lying dead while in custody of her husband, in absence of some other incriminating co..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ......rate, 2nd Class that the Magistrate spe­cifically stated the involvement of the oppo­site parties and he has also referred the depo­sition made by the dr. P.W.5 the injuries in­flicted upon the victim and the other wit­nesses as such it has been corroborated the depositions made by the comp......e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......i for instance, he must prove it. The plea of alibi must be substantiated by the accused. Here in this case since the defence asserted that while the informant attempted to assault his wife, then the victim went to save her and at that time the informant pushed the victim down from verandah to court......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

.... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ...... not play any active role in the commission of the alleged offence, rather on every occasion he left the place of occurrence by running and on the other hand, with regard to the motive of killing the victim, the con­fessing accused Kazi Saiful Islam narrated a story what he was told by the accus...... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)

....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......rning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and District Gopalganj, since then the victim did not return home. The informant after making search in all possible places made a general ......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......physically, stopped her education and continued to demand the balance amount of dowry. Accused No. 1 Syed Ahmed returned from London on 1-2-2001 and he also started to torture his wife for the dowry, victim Parol became pregnant and the accused Nos. 2 to 4 tortured her with the intention of causing ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

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

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......s transpired from the evidence of P.W.1 that at the time of occurrence he was not present at the place of occurrence; that he lodged the first information report after hearing the occurrence from the victim and from the people who are present at the time of occurrence; that the petitioner No.2 is al......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....ile the victim informant was 20 years of age. She became pregnant by his brother‑in‑law (elder sister's husband). The case was a fabricated one for the purpose of grabbing the land, which the minor jail appellant inherited on his father's death. On conclusion of trial the learned tribuna......aka 50,000 in default of payment of fine to rigorous imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail appellant by the Collector, R......bey it. Because of such rape the victim gave birth to a child. In his cross examination he stated that he returned home at night on the date of occurrence. The victim was major, 12/13 years of age. A girl attained puberty at 12‑14 years of age and became major. He did not know if she mixed with an..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ase No.7 of 1994 dated 10‑2‑1994 was started by the charge officer of the Thana and he himself took up inquiry into the case, went to the place of occurrence, prepared inquest on the dead body of victim Salma and sent the same to Gopalgonj morgue for post‑mortem examination. Doctor holding pos......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......d their businesses in Dhaka and Chittagong respectively and settled in the then East Pakistan. In 1956 the respondent started his own business in Rajshahi and Chittagong. In 1963 he married a Bengali girl and permanently settled in the then East Pakistan. In 1970 Bashir Ahmed Ansari, the father of t..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101