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Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... to these considerations. 14. The Statement of the victim girl herself recorded by the High Court Division on 26-7-1995, (which is practically a repetition of her former statement) if examined carefully, would be seen to belie her own claim made therein that she was aged 19 years. She stated that......other……………………………Respondents Judgment January 31, 1996. Result: The appeal is allowed. Physical appearance may not always provide a correct guide for ascertaining the age of a girl child who is growing up. In some cases physical development may take place which may b..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......judicial to an accused should not be made, without giving him an opportunity to be heard, has no application where the accused is not discharged. This is for the simple reason that at a preliminary stage when a Magistrate has only to consider whether a complaint makes out a prima facie case, such an..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ...... argument of the learned Advocate for the opposite parties was that once a tenancy is denied by a tenant claiming an independent title in the self same property, the petitioners ought to have riled a full fledged suit for declaration of title and recovery of khas possession. Repelling the above cont......d J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short fa..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......mpared or equated with Allah. Allah is 'La Sharik' that means He has no sharer or partner. So, a Rasul or a Murshid cannot be called a Khoda. We have gone through pages 46, 47, 48 and 49. We have carefully read the writings of the, author and in these pages also he has written many things which, in ......rfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak‑16/93/396, Dhaka, dated 8.12.93 published in the Bangladesh Gazette, Part‑I, dated 30.12.93, at page 420, should not be set aside. 3. In Criminal Miscellaneous Case No.464 of 1994, Rule was issu..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....n application being made to him for such registration. (2) An application for registration of divorce shall be made orally by the persons who has or have affected the divorce; provided that if the woman be a pardanashin then such application may be made by her duly authorised vokil. (3) The Ni......ants and since then she has been residing in her fathers house along with her minor daughters the petitioner did neither try to bring them to his house nor he maintained his wife and children. It has fully established the unkind attitude of the petitioner towards his wife and children. The Muslim Fa......t she was married with the petitioner according to shariat and under the Muslim Family Laws Ordinance on 11.11.83, by a registered Kabin nama fixing dower money at Taka 39,999.00. At the time of marriage her father gave gold ornaments valued at Taka 14,000.00, a watch worth taka 15,000.00 and other ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......id written statement they admitted the loan but disputed the claims of the plaintiffs and also made a counter claim of Taka 2, 67, 04,706.91 against the plaintiff petitioner on different counts as damages and compensation. 5. The plaintiff petitioner on 19.10.91 filed an application in the trial ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....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. ...... The learned Judge, therefore, took up the question for determination and referred to the aforesaid Privy Council case where it has been held that it was not within the competence, either of the Manager of the minor's estate, or of the guardian of the minor, to bind the minor or the minor's estat..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed 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) 573. ......h‑east of the house of P.W.1 At 7‑8 P.M. of the evening P.W.2 Ful Banu, daughter of P.W.1 Kala Mia, went to bring Morium when Shahnaz and wife of accused Giasuddin (Burhanuddin and Giashuddin are full brothers living in the same homestead) said that Morium would stay in their house at night and ......n heard together and will be disposed of by this Judgment. 2. Briefly stated, the prosecution case is that, on 8‑7‑90 (Sunday) at 4‑00 P.M. Shahanaz, daughter of Burhanuddin, called Morium aged about 16 years, second daughter of P.W.1 Kala Mia to their house, which is to the contiguous so..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......55 of 1958 is fraudulent, collusive, void and not binding upon the opposite party. The claim of the opposite party in his Title Suit No. 19 of 1986 is that the petitioner and the opposite party being full‑brothers and that the petitioner being the eldest brother, both of them jointly took settleme......: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216; Shambhu Nath Poddar Vs. Bangladesh Railway ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......e is a causal connection between the materials and the opinion. Even the sufficiency of the material is not for the Court to consider. Reading the impugned order as a whole, which have quoted in full, it is clear that the Government did not take a grave view of the fact that the Chairman was im......cessarily took note of the elaborate submissions made by the learned Advocates of both sides, but lost track of the submissions in course of giving its own findings which were confined to only a few pages, Relying on the case of Abdul Hye Bhuiyan Vs. Secretary, Ministry of Local Government and Rural..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ...... the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of the whole of the circumstances within his knowledge as is evident from c...... 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 about 9.30 A.M. his daug..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......that section152 of the Code of Civil Procedure does not contemplate such correction. The decree may be corrected if it is not in conformity with the judgment. Here, in this case the decree is in full conformity with the judgment. If anything is to be done for variance of the judgment as submitt......inders the opposite parties failed to execute the lease by giving a certificate, that the same were installed, the plaintiff had to file the Money suit for realisation of Taka 1, 40, 52,942.00 for damages as rent, cost of the machineries, etc. It is also the case of the plaintiff-petitioner that the..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....re where a police officer may not, in accordance with the Second Schedule or under any law for the time being in force, arrest without warrant. An intentional act by a person causing miscarriage of a woman has been shown as a non‑cognizable offence in the Second Schedule of the Code Criminal Proce......sions Judge, Gaibandha later on when the case was sent to him. 7. It appears from the Order No.7 dated 6.8.1992 of the learned Sessions Judge, Gaibandha that the accused petitioners had unsuccessfully tried to convince the Court of Sessions that the court. is barred from continuing the hearing ......diary made by one Moyna Khatun on 14.5.92 with Palashbari PS Gaibandha, in which she alleged that the petitioner No.1, a 50‑year‑old headmaster of a school, seduced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant peti..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......start and accomplish the work 'forthwith' as provided under section 51A(4) of the Act. It is also contended that the petitioners having been deprived from utilising their land without getting full compensation, there has been violation of fundamental right of a citizen as guaranteed under Ar......d with the implementation of the scheme as provided under section 51A of sub‑section (4), the learned Attorney-General referred to Maxwell (Twelfth Edition) on the Interpretation of Statutes, page 363 paragraph 37 and the case reported in 1968 (GBD) Volume I page 124 (relevant page 135) where..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... 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. ......ected return of the earnest money. On further appeal by the plaintiff Appellate Division decreed the suit in part against the major defendant Nos.1+3 in respect of their 2/3rd share on payment of the full purchase money and refused specific performance against the minor defendant No. 2 in respect of......sion Judicial Committee of the Privy Council in the case of Mir Sarwajan Vs. Fakaruddin reported in 39 IA 1 observed that: They are, however, of opinion that it is not within the competence of the manager of a minor's estate or within the competence of a guardian of a minor to bind the minor or ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
.... 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
......n Deputy Commissioner Lakshmipur for which the petitioner has filed contempt case in the High Court Division against the Respondents being Contempt Case No. 3 of 1991 and, as such, the petitioner has full knowledge of the establishment of Lakshmipur Mahila College over the said plots. The Government......ce as to ascertain the quantum of his land affected in the plots or reported any facts before the land acquisition staff at the time of joint verification in the field on 24.5.1986‑at the initial stage of the proceeding. There is no graveyard within the land acquired. Mr. Monsurul Haque is the pri..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......rent that both the exhibits were proved by the attesting witnesses which we have discussed above. On this point the learned District Judge made elaborate discussion and gave his detailed findings. We fully affirm the findings of the learned District Judge and hold these two documents were registered......will in favour of his wife Trinayani. Mr. Zakir Hossain, the learned Advocate appearing. for the petitioner respondents, submits that the adoption was taken in the year 1906 while Sudhir (Nirmal) was aged about 5/6 years and upto the death of Sudhir Chandra Das in 1970 no objection was taken by anyb..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......000 M/Tons. (d) On 2nd trip (for 2000 M/Tons) if vessel floats after lightering less than 1500 M/Tons. freight for 1500 M/Tons will be payable to owners. If the quantity exceeds 1500 M/Tons then full freight for 2000 M/Tons will become payable to owners. (e) Freight at Taka 1150 (one thous......plaint for want of cause of action. The application is resisted by the plaintiff. 2. The short facts necessary for disposal of this application are: The plaintiff is the owner of the lighterage vessel "MV Queen of Heart" and carries on business of shipping in carrying of cargo th..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ...... Vs. Ardeshir Hormasji Gazdar and another, A.I.R. 1935 (Bombay) 213; Mahalinga Nadar Vs. Vanapathi Subbien , I.L.R. 27 (Madras) 528 (Full Bench); A.I.R. 1935 (Bombay) 213 Reliance Bank Limited Vs. Profulla Kumar Banerjee, 5 D.L.R. 89, P.L.D. 1953 (Dhaka) 220; PLR 1952 (Dhaka) 342; Tea Financin......me was instituted in 1944. In that case, it was held that Article 45 is applicable in case of mutual open Current Account in banking transaction and their Lordships quoted the following passage from AIR 1945 Madras 467:- “When a person opens a Current Account with a Bank and pay..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....ner may prefer an application before the Hon'ble High Court for the release from Judicial Custody, if they so desire." 8. The case of the alleged victim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody u......llip;…………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty………………………&he...... 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 and others. Pur..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
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