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Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... The child Zahirul Hoque is not the legitimate child of the defendant No. 1 and, as such, the plaintiff and her son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various pers......hirul Hoque is not the legitimate child of the defendant No. 1 and, as such, the plaintiff and her son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn m..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ea is to be displaced, strict liability must be required to give practical effect to the legislative intention. Statutes which take away the rights of parties under the ordinary law, particularly the provisions which impose penalty, have to be construed strictly. The Courts must see that the person ......harge under section 10(1) of the Nari‑o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The condemned prisoner remained in abscondance. The charge could not be read over to him. A State Defence lawyer was engaged for his defence. The prosecution in support of its case has examined 15 witnesses..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......dvocate submits that since the prosecution has failed to examine any independent, natural and probable witness to support its case, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Bishesh Adalat erred in law in passing th..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... the same day. In such situation the petitioner prayed for bail in that case, namely, Badda PS Case No. 57(4)03 which was instituted on 25‑4-2003 and it revealed that the case was filed under the provision of Jaladhar Protection Act, 2000. The petitioner was, however, released on bail on 26‑4......04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......(1). It further held that defendant failed to prove that the suit land ever vested in the government. 9. On appeal therefrom, the appellate Court however held that the suit land was 'Chandina' and lawfully vested in the government and upon such view, allowed the, appeal, set aside the decree of t..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....s of the law enforcing agencies are not only deprecatory but also contrary to Articles 27, 31, 32 and 33 of the Constitution. 9. In the aforesaid background a pertinent question arises whether the provisions of the Code authorise a Magistrate to make such orders of custody in different cases on a......ules were issued calling upon the opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
....e election tribunal being not a civil court this revisional application under section 115 of the Code of Civil Procedure was not maintainable. The learned Advocate has invited my attention to various provisions of Union Parishad Ordinance, 1983 and submits that the election tribunal was set up by th...... is amenable to the revisional jurisdiction of the High Court Division. 8. I have considered the submissions of the learned Advocates for both the parties and perused the relevant provision of law and the decision referred to by the parties. Union, Parishad Ordinance, 1983 provides that the E..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....have any mandatory force. In such regard reference may be made to Interpretation of Statutes (8th Edition) by NS Brinda wherein it was observed that one of the tests for determining the nature of the provision is to see whether it entails any penal consequence. In cases where the disobedience of the......m the receipt of the said order on 6‑3‑2003 will not create any right to the accused Harun to be entitled to get bail disregarding the allegation and overt act against him in the record. Court of law must act upon materials on record to decide the question of granting or non-granting of bail to ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....at the act abetted must be committed. 51. Section 109 of the Penal Code enjoins that whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment ......ad been installed on acceptance of fees of change, PW4 Sk Modasser Hossain, a seizure list witness to seizure of petition filed in respect of change of telephone number, PW5 Md Kamrul Islam, son-in-law of PW 36 Hashem Ali Molla who testified that his father‑in‑law(PW36) laid bare that Fatik we..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......pugned order and Mr. AKM Enamul Huq Advocate was appointed receiver at a remuneration of Taka 5,000 per month. 4. Mr. Mahmudul Islam, learned Counsel, assailed the order on various grounds both on law as well as facts. He submitted that the plaintiffs and defendants are full brothers and sisters,..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......business transaction in between the parties and the offence, if any, is of civil liability for which no criminal proceeding would lie and, as such, the proceeding being an abuse of the process of the law and Court is liable to be quashed. 4. The learned Advocate for the opposite party No.2 compla..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......upon making all enquiry as contemplated under section 8C of the Court‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advo..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....্ডেও দণ্ডনীয় হইবেন। 38. In the Ain of 2000, also, the words "whoever kidnaps or abducts any woman of any age", also, did not find place. 39. If we look to the provisions of law incorporated in the Ain of 1995 and Ain of 2000 wherein punishment for commission ......intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same being commission of rape on a young girl aged about 18 years by a student studying law taking undue advantage of fiduciary capacity as father of victim girl left her in care and custo..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......es direct overt act of the accused sharing a common intention for the commission of the offence, under section 149 of the Penal Code it is essentially a vicarious liability for being a member of an unlawful assembly with the common object of committing the offence. In the facts and circumstances of ..Category: Criminal Law | Date: | Hits: 52
....s though the learned Assistant Attorney-General appears to oppose the Rule.
5. Mr. Tabarak Hussain, the learned Advocate appearing for the petitioner submits that though there is no mention of any provision of law in the impugned Annexure-’D’ it would appear from construction of the same that......sioner, Land, Jagannathpur, District Sunamganj (respondent No. 2) and issuance of the impugned notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The short fact leading to this Rule is that, th..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....under the Ain are non‑bailable as provided under section 19(2). Thereafter sub‑section 3 এই আইনের অন্যান্য বিধান সাপেক্ষে (subject to order provisions of the Ain) lays down certain condition and restriction and clauses (Ka), (Kha) and (Ga).......d. Even informant's minor daughter and elderly woman were not spared and subjected to dragging for sexual harassment. 4. It appears that Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is a special law which has been enacted to curb the crimes on repression of women and child with a heavy hand. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....th mutation case does not constitute a "Court" within the meaning of section 195(1)(c) of the Code of Criminal Procedure. So, the case initiated by a private person is not barred under the said legal provision. In support of this contention the learned Advocate for the opposite party No. 1 has refer......al Procedure on the ground that function assigned to a revenue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are undertak..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......talak. The complainant also instituted CR Case No. 671 of 2001 under the Dowry Prohibition Act and Nari‑O-Shishu Nirjtatan Case 328 of 2001 for unnecessary harassment. Since the Magistrate has no lawful authority to issue search warrant for the purpose of making recovery of gifted articles from ..Category: Criminal Law | Date: | Hits: 49
....odern printing press could be established. After close scrutiny of the lease deed, we are of the view that the parties intended that a small cottage industry would be established on the suit plot for provision of small scale entrepreneurs. Therefore, a factory for making small iron and/or steel prod......e instalments. Plaintiff had no title or interest or right in the suit plot.
8. Defendant No.7 adopting the case of defendant Nos. 1 to 5 stated that after payment of the instalments he became the lawful owner of the suit plot. In order to deprive him, the plaintiff instituted the suit on false c..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....wer of comparison of the Court under section 73 of the Evidence Act. In disposing of the question, the Appellate Division took the view: "In the case of contentious writing, signature, etc, though provision of section 73 of Evidence Act permits the Court to compare the contentious signature with ......date the application was heard and rejected by the impugned order. Hence, the Rule. 3. Mr Khijir Ahmed, the learned Advocate for the petitioner, submits that the learned Subordinate Judge erred in law in rejecting the application mainly on the ground that the court could have compared the signatu..Category: Property Law | Date: | Hits: 61
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