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Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....Attorney-General therefore contends that framing of the charge and trial of the accused appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was fully justified in law. 8. Now, in order to appreciate the above submissions of the learned Advocates on this point,......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D......lty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arising out of GR Case No.8 of 1990 (Bamna) vide Judgment and order dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Informatio..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....e in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Girish Chandra and Sukmon in favour of Darika Nath. It is settled principle of law that relinquishment does not create any title in favour of the person in whose favour relinquish......ted in: 48 DLR (HCD) (1996) 226. ......the reasons above, I find no merit in the case of the petitioner. In the result the Rule is discharged. The Judgment and decree of the appellate Court is upheld. The suit is dismissed. The stay order granted earlier by this Court is hereby vacated. Send down the records to the Court below a..

Category: Property Law | Date: | Hits: 123

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....ld that the detaining authority failed to furnish a rational nexus between the grounds and the passing of the detention order and hence the same must be declared as illegal and not in accordance with law. Other grounds as urged by the learned Advocate for the pe­titioner are not necessary to deal i......eral—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the peti­tioner has challenged the legality of the detention or­der of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de......i­tioner has challenged the legality of the detention or­der of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de­tenu was served with an order of detention under Special Powers Act on the allegation that he was acting against the economi..

Category: Criminal Law | Date: | Hits: 109

Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)

....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summari­ly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......gment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the pro­ceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under sec­tion 175 of the Penal Code. 2. The petitioner's case, in ......d the notice. But in the meanwhile the said Abdul Khaleque, Inspector, District Anti-Corruption Bureau filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka who by his order dated 20.8.86 took cognizance of the case under section 175 of the Penal Code and issued summo..

Category: Procedural Law | Date: | Hits: 118

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

....xt following that for which the rent was payable under the provision of section 18(5) of the Premise Rent Control Ordinance, 1986 and as such the learned Small Cause Court Judge committed an error of law in holding that the rent was payable in yearly instalment. 7. Mr. Dutta has further submit......er Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk)......­tiff for the month of Baisakh to Ashar, 1391 B.S. But he refused to accept the same. The defendants thereupon sent the rent for the aforesaid months to the plaintiff on 7.7.84 through rent money order which was refused on 10.7.84 and the defendants re­ceived back the same on 14.7.84 and the..

Category: Tenancy Law | Date: | Hits: 214

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....olice report which not only means charge sheet but also includes final report. Section 27(1) of the Special Powers Act lays down: "Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may lake cognizance of the offence triable under...... Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Is­lam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs....... final report in the case on 10-10-1988 under sec­tion 173 of the Code of Criminal Procedure. On re­ceipt of the final report of termination, the learned Upazila Magistrate, Dinajpur (Sadar) by his order dated 11.10.88 discharged the accused petitioner with a direction to the concerned author..

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....Judge rejected the said applica­tion by the impugned order dated 25.8.85 on the ground that the Miscellaneous Case has been filed under a Special Law and the Title Suit was filed un­der the general law. The case under special law, therefore, cannot be stayed till the disposal of the suit institute......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Com­mercial Court No.II a......on No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Com­mercial Court No.II and S..

Category: Civil Law | Date: | Hits: 119

Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

....sent case the Public Prosecutor who filed the application for revival had no authority or in­struction to file the application and as such the revi­val order is illegal and not authorised under the law. 4. Mr. A.K.M. Shamsul Karim, the learned As­sistant Attorney-General appearing for the Stat......d in: 42 DLR (HCD) (1990) 138. ....... A.K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocate-For the State. Criminal Revision No.16 of 1988. Judgment Latifur Rahman J. - This Rule is directed against the order dated 13.12.87 passed by the Ses­sions Judge, Tangail in Sessions Case No.136 of 1986 under s..

Category: Procedural Law | Date: | Hits: 143

Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)

....arned Advocate on a reference to section 5(2) of the Code argued that section 167 will also apply in the case of a Special Tribunal. Section 5(2) reads as follows:— "All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same prov......d in: 42 DLR (HD) (1990) 136. ......er the Chief Metropolitan Magistrate forwarded the relevant records along with the charge sheet to Sessions Judge and Special Tribunal, Dhaka on the same day. The learned Sessions Judge, Dhaka by his order No.1 dated 28.2.89 took cognizance as Sr. Special Tri­bunal and sent the records of the case ..

Category: Criminal Law | Date: | Hits: 84

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....h Tarique, the learned Assistant Attorney General supported the judgment and order passed by the learned Tribunal and submits that in convicting the appellant the Tribunal did not commit any error of law or illegality. He further submits that the illegal possession and control of the arms by accused......ssistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan S......tant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan Speci..

Category: Criminal Law | Date: | Hits: 128

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....rely accepted the unanimous recommendation of all concerned. It is further submitted by him that the petitioner as Prime Minister had the necessary power and the authority under the rules, applicable laws and the constitution to accept the recommendation, given by the competent authorities who were ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is......of 2003) bearing BAC GR No.81 of 2002 arising out of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of th..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....defendant's case, in short, is the denial of the averments made in the plaint and that the suit is not maintainable in the present form, the suit suffers from defect of parties, the suit is barred by law of limitation. The further case of the defendant is that the plaintiff was appointed on probatio......Case is also Reported in: 48 DLR (HCD) (1996) 472. ......ter joining in the school, the plaintiff was creating inconveniences in the educational and administrative atmosphere of the school and he was also trying to create groups between the teachers and in order to cherish the illegal activities, he also managed to paste posters by the outsiders; that aft..

Category: Employment/Service Law | Date: | Hits: 166

Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)

....formance of an agreement in a case where parties are entitled to revoke or dissolve the agreement. Underlying reasoning is that it will be idle to pass a decree which can be undone by the other party lawfully. Clause (d) of section 21 of the Specific Relief Act states that a contract which in its na...... (1996) 470. ......aul Karim, Md. Khurshid Alam Khan and Abdul Jalil Gazi, Advocates ‑ For the Opposite Party. Civil Revision No.1469 of 1996. Judgment Md. Gholam Rabbani J.- This Rule is directed against an order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka, in Title Suit No.1..

Category: Civil Law | Date: | Hits: 169

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....llah does not approved that the marriage relationship that has been established between a man and a woman should ever broke. The Holy Prophet Mohammed (Peace be upon him) has said "Allah has not made lawful anything more hateful in His sight than Divorce" (Abu Daud) And: "Of all the things permitted......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......not exhibited) has not become effective and the marriage between the parties has not been terminated due to the non service of the same under section 7(1) of the Muslim Family Law Ordinance, 1961. In order to consider this point it is necessary to refer to the aforesaid section of Law. Section 7 of ..

Category: Family Law | Date: | Hits: 202

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

....n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ......High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of ......No.1227 of 1995. Judgment AM Mahmudur Rahman J.- This writ petition is under Article 102(2)(a)(ii) of our Constitution. The petitioner is the Republic. The petition is against the Judgment and order dated 29‑9‑92 of the Court of Settlement passed in AP Case No. 43/90 (Ka‑177‑Mirpur, D..

Category: Limitation Law | Date: | Hits: 230

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....(Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal......s Case No. 2085 of 1995] Judgment August 9, 1995. Result: The appeal is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ ......s Court to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal No.1664 of 1993, is directed against the Judgment and order dated 13‑7‑91 passed by the Additional District and Sessions Judge, 2nd Court, Dhaka, conv..

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

...., the evidence on record, the judg­ments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled prin­ciples of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on record has held &...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………â......am, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. None appears—For Respondent Nos.2 (a)-3. Civil Appeal No.191 of 2005. (From the judgment and order dated 25-1-2003 passed by the High Court Division in Civil Revision No. 5935 of 2000.) Judg..

Category: Property Law | Date: | Hits: 138

Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)

....ce as it stood originally included a non-obstante clause as spelt out in section 3 of the said Ordinance which provided that the provision of the said Ordinance shall have effect not withstanding any law, custom or usage. But the said clause was omitted by Act 52 of 1974 for obvious reasons as in Mu......omplainant filed a petition of complaint in the Court of Upazila Magistrate, Chhatak, District Sunamganj alleging that she is the married wife of Mokbul Ali. The marriage was solemnised on 16.04.1974 and out of that wedlock a son, now aged about 10 year and a daughters now aged about 7 years were bo......r by taking reco­urse to the provision of the General Clauses Act but rather care need be taken to see that no one is dragged into it who is not within the express language of the statute. 14. In order to determine as to whether other person are also within the mischief and thus within the inten..

Category: Family Law | Date: | Hits: 193

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......s. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is dis­charged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfar......o. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petitioner is illegal, void, with..

Category: Labour and Industrial Law | Date: | Hits: 186

Elahi Bux Vs. State, 1986, 15 CLC (HCD)

....ion Meerut Cantonment, AIR 1941 Allahabad 207. 5. Answer to the whole question depends upon the interpretation of sub-section (2) of section 29 which is reproduced below:- (2) Where any special law prescribes for any 'suit, appeal or application a period of limitation different from the period......t February 16, 1986. Result: The Application is summarily rejected. Cases Referred to- Mustafa @ Mustofizur Rahman Vs. The State, 1985 BLD 335; Syed Mohamud Alam Vs. Syed Mehdi Hossain and others, PLD 1970 Lahore, 6; Chheda Lal Jain Vs. Officer, Commanding Station Mecrut Cantonment, A......nt Daliluddin Ahmed J. - This is an application under section 5 of the Limitation Act for condonation of delay in filing an appeal under section 30 of the Special Powers Act, 1974. By judgment and order, dated 23.11.1985, pass­ed by the Special Tribunal, 2nd Court, Rangpur in Special Tribunal Ca..

Category: Limitation Law | Date: | Hits: 222