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Masum and others Vs. State, 1996, 25 CLC (HCD)

.... time of post mortem examination. Learned Assistant Attorney‑General points out that such injury was found at the time of inquest of the dead body. So we find that the injury caused by Feroj was so minor that it disappeared at the time of post mortem examination. We do not, therefore, like to conv...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..

Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....ious head injuries. And as a result of the said assault she was suffering from headache. The petitioner along with other defendants thereafter sent the ailing plaintiff to her father's house with two minor daughters on the plea of a pleasure trip against her will and at the time, the defendants reta......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....vision has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that the contract, namely the bainapatra, having being ente......sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)

....s that appellant Dulal was aged 13 years at the time of the alleged occurrence and could not be partners or associates with the real killers of Morium and that the trial of the accused persons with a minor has vitiated the trial and, in consequence, the Judgment and the order of conviction and sente......) on the statement of P.W.1 Kala Miah and filled up the column of First Information Report form and then handed over the case to SI Montaz Uddin for investigation. 8. P.W.1 Kala Mia is father of victim Morium aged 16 years. He is a car driver, aged 60 years with 3 sons and 3 daughters. The vict......e along with Giasuddin, Kashem and Hanif had sexual intercourse with her and she offered no resistance to any of them. Thereafter Giasuddin went to Morium came back to them and informed them that the girl would disclose the matter and Giasuddin proposed to kill Marium. After that Giasuddin gagged he..

Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36

Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)

....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......ell on the floor. Then accused Dudu dealt a dagger blow on the right palm of Mohammad Ali and thereafter accused Mofizuddin and Abdur Rahman inflicted dagger blows on various parts of the body of the victim. After this P.W.2 and P.W.6 raised cries and on hearing their cries, P.W.1 and other inmates ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ......he petitioner submitted review petition through proper channel on 8.4.85 to the President and the Chief Martial Law Administrator for his reinstatement in the service on the ground that he was made a victim of Martial Law Order No. 9 of 1982 and all other persons involved in the case were reinstated...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide typed pages is itself a new plaint, and on two minor grounds, one is that the suit is at the stage of final hearing and the other is that previousl......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)

....on of Abu Sayed cousin of P.W. 3 and accused Azimuddin is the husband of Nepali daughter of Abed brother of informant P.W. 1 and the parties are closely related to each other. Victim P.W. 5 was not a minor girl of 14 years but she was a major girl of about 19 years of age and she was not a good stud......prisonment for seven (7) years and to pay a fine of Tk. 5000/= each in default to suffer R.I. for one year more. 2. Prosecution case, as made out by the informant P.W.1 Jasimuddin, father of the victim girl P.W.5 JesminNahar aged about 14 years 4 months and student of class-IX, is that on 27.8.......ent for seven (7) years and to pay a fine of Tk. 5000/= each in default to suffer R.I. for one year more. 2. Prosecution case, as made out by the informant P.W.1 Jasimuddin, father of the victim girl P.W.5 JesminNahar aged about 14 years 4 months and student of class-IX, is that on 27.8.87 at a..

Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....dure and submitted the charge sheet against the petitioners on 23.6.1992. 6. On 9.7.92 the accused petitioners surrendered before the learned Magistrate and petitioner No. 2, who claimed to be a minor girl of 13 years, was granted bail. The petitioner No.1 was also granted bail by the learned S......he said GD entry No.528 dated 14.5.92 into an ejaher and sent it to the Magistrate, Palashbari Upazila, which was then numbered as NG R Case No.10 of 1992. 4. The learned Magistrate examined the victim Moyna Khatun under section 164 of the Code of Criminal Procedure and recorded her statements ......nd submitted the charge sheet against the petitioners on 23.6.1992. 6. On 9.7.92 the accused petitioners surrendered before the learned Magistrate and petitioner No. 2, who claimed to be a minor girl of 13 years, was granted bail. The petitioner No.1 was also granted bail by the learned Session..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

....ive allotment of Ahmed Hossain by amicable family arrangement though sometimes rent was realized jointly; that Ahmed Hossain died leaving the defendant No.1 as his widow, defendant Nos.2 and 3 as his minor daughters and defendant No. 4 as his minor son to inherit the suit property and the plaintiff ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ...... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ......Smriti School in 1984 and subsequently shifted to the shed donated by said Dr. Mantazuddin Chowdhury after making necessary repair and reconstruction of the shed by the college authority and about 38 girl students have appeared at the final HSC Examination this year under regular permission from the..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....ther of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June, 1992 his above named minor daughter aged about 14 years was kidnapped from his bhiti (hut) by the accused Abdul Khaleque ...... same facts are heard together and disposed of by the judgment. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Re......acts are heard together and disposed of by the judgment. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212   ...... 9.12.97 Wednesday at about 10/11 Rahimuddin son of Joha Mondal of village Baniduar and Jamaluddin, son of Tayzuddin of Mohabbatpur village came to the house of the informant in search of his brother victim Abut Kalam and having not seen him there in his house, they went to the house of the co‑vil...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212   ..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

.... is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration  A petition in the nature of Habeas Corpus for the custody of a minor, whether would be equally competent without sending the petitioner before the Family Court or ...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399   ......paramount consideration as to what is conducive to the Welfare of the minor. The boy ought to be in the custody of the mother" 14. Hence the court is to consider not only whether a boy or a girl has been detained in an unlawful or illegal manner but also whether he or she has been so kept ..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......stance at his trial and the Court should provide an advocate to plead for the defence unless they certify that the accused can afford to do so. 3. The case for the prosecution, in brief, is that victim Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wahab Khalifa and P.W.4 Anwara Beg......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ..

Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4

Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ..

Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ich could not be easily prevented, checked or thwarted, would not provide a ground sufficient for detention under the preventive detention laws. But it is equally important to bear in mind that every minor infraction of law cannot be upgraded to the highest of an activity prejudicial to the maintena......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

....dships of the Supreme Court dismissed the leave application on the ground that the Power of modification under the General Clause Act is there with the authority who made the original Master plan and minor modification of the master plan would not need sanction of the Government or republication of ...... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ...... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ours that accused No.3 along with others have kidnapped the victim girl for illegal and immoral purpose. It has been clearly alleged that the accused along with others had kidnapped the informant’s minor daughter for illegal purposes and she was kidnapped on 26.10.89 and on that day his daughter w...... out of GR Case No.83(2)/89 under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1984. 2. Facts, in short, are that the father of the victim girl the informant lodged the First Information Report with the police station under sections...... GR Case No.83(2)/89 under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1984. 2. Facts, in short, are that the father of the victim girl the informant lodged the First Information Report with the police station under sections 448/36..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....n as to the age of the victim girl Sumati Begurn on the basis of her physical appearance. On the basis of these materials the Sessions Judge came to the conclusion that victim girl Sumati Begum was a minor and gave her to the custody of her father. 4. The records of this case was called for an...... and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should not be set aside and why the victim girl Sumati Begum (petitioner) should not be given in custody of her husband or such other or......posite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should not be set aside and why the victim girl Sumati Begum (petitioner) should not be given in custody of her husband or such other or furthe..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157