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Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......held in paragraph 10 as follows:— "It is to be observed that when an authority is vested with jurisdiction to do a certain act and in the exercise of that jurisdiction he does it wrongfully or irregularly the action can be said to be done within the purported exercise of his jurisdic...... Chowdhury, Nawab Ali Chowdhury and others in odd shares and their names with their shares were correctly recorded in the maliki claim of C.S. Khatian. Nawab Ahsanullah Bahadur represented by Manager, Court of Wards Estates, Dhaka owner of pattani taluk was immediate tenant under the said ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....n pursuance of the conspiracy, or with the aid which constitutes the abetment. Section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance speaks of penalty for kidnapping or abduction of a woman of any age for an unlawful or immoral purpose with intent that such a woman may be compelled, ...... the picture or even living near about because, according to her, she was taken from Faridpur village by a bus to Manikganj. It is in the statement of this witness that initially when she was deceitfully taken away or removed to C & B ghat and then by a launch to a different place and then t......Tribunal Case No.12 of 1986. 2. The complainant Mofizuddin Molla lodged an ejahar with the Kotwali Police Station, Faridpur on 11.2.86 alleging that on 9.3.86 his daughter Afroza Begum alias Belly aged about 14 years went to Nasima's house to return a book. On her way back she met accused Swapan ..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ...... Rahman and Hazrat Ali under sections 302/34 of the Penal Code and sentence them to death. It is further submitted by the learned Assistant Attorney General that the prosecution witnesses have successfully proved behind all reasonable doubt the chain circumstance beginning from taking of the truck a...... Bibi Vs. State, 12 DLR (SC) 157 (Rel 159-para-9); 12 DLR (SC) 156;16 DLR (SC) 598; 19 DLR 819; 31 DLR 316; 32 DLR 227; Shafali Begum and another Vs. The State, 1 B.C.R. (1981) 105; S.C.R.1979 (Vol) page 417; Abdur Rouf and others Vs. The State, 38 DLR 197. Lawyers Involved: S. A. Hasan, A..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......laintiff and the defendant No.1 put the plaintiff in possession of the suit land. Since then the plaintiff has been possessing the schedule land in assertion of his ownership by purchase openly, peacefully, continuously and adversely against defendants and others. The plaintiff installed flour and......thers....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....nt for kidnapping any minor male under fourteen years of age or any minor female under 16 years of age. Section 366 of the Penal Code provides as follows:—
"366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled......in Vs. Y.O. Gorfin A.I.R. 1916 (Privy Council) 242; Moru Devi Vs. The State or Kerala, A.I.R. 1958; Chato Vs. Jevindram Kutti, A.I.R. 1958 Kerala 121; Meherunness Begum Vs. The State 8 DLR 393; Profulla Kamal Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh 28 DLR (H.C) 123; Kiran......ই।”
The present petitioner (father of the victim girl) submitted a certificate of the Head Master of the Sultan Sadi High School showing that her date of birth being 11.9.71 she is a minor aged 16 years 10 months. On behalf of the petitioner Sukhendra Das reference was made to the Majorit..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......as ordered to be transferred to the custody of the Government to satisfy its prior lien or charge. It was observed that though the judgment debtor had no dominion over the security money he had the full right of ownership and power of disposal in respect of the sum of money that might be left af......Suit No. 137 of 1983 in the Court of the Subordinate Judge Chittagong and filed also, an application under Order 38 Rule 5 for attachment of the scheduled properties before judgment. Plaintiff was engaged for breaking the ship which was purchased by M/S. Janapad Enterprise on obtaining a loan from..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......ot; The detenu thereafter left Dhaka for London on 6.11.86. It was alleged in the petition that in the months of October and November 1986 pressure was brought upon the detenu by various governmental agencies to support and vote the 7th Amendment of the Constitution which was brought before the Par&..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....o Women (Deterrent Punishment) Ordinance, 1983 is as follows: "6. Spinally for causing death, etc., for dowry.- Whoever, being a husband or parent, guardian or relation of the husband of any woman, causes or attempts to cause death or grievous hurt to that, woman for dowry shall be punisha......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......able to fine. Explanation.- In this section, "dowry" means any property or valuable security demanded from the wife or her parent, guardian or any other relation as considerations for the marriage, but does not include dower or Mohr in the case of a person to whom the Muslim Personal Law (Sha..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ...... 7. In this respect it may be mentioned that after pronouncement of judgment in the case of Tarkeswar Prasad Tewari Vs. Devendra Prasad Tewari which was considered in P.L.D. 1957 (Lah) 1951 a full Bench of Madras High Court had an occasion to deal with this question in the case of Katikineni...... 'Muktipatra’ in favour of Rajendra on 14.4.400. The proceeding in the M.R. Case No.562 of 1970 brought by the plaintiffs over the suit land was illegally dropped and defendants being encouraged made an attempt to disturb continued possession in the suit land. Hence this suit. 3.The d..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... submits that the petitioner stated in his petition that as many as 412 dead and absentee voters of the disputed Ward No.3 cast their votes in favour of the opposite party No.1. The petitioner gave a full list of 23 dead voters and 389 absent voters. The opposite party No.1 did not deny the petition...... of 1984 before the Election Tribunal and Munsif, Parshuram cited a number of allegations prominent amongst which are as follows:— i) The opposite party No.1 was less than 22 years of age on the date of election. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was no..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......at the section says, namely, "discretion of the Court is not arbitrary, sound and reasonable guided by judicial principles and capable of correction by a Court of appeal." With respect we fully are in agreement with this observation that it may be better be left undefined. The celebrated......of the suit and his heirs have been substituted. 6. D.W.1 Safurunnessa gave the defence version. She admitted that her husband entered into the agreement for raising fund for the purpose of marriage expenses of their two daughters, who were married on the same date. Her husband was a petty cont..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....th intent to screen the offender from legal punishment. The accused appellant and other accused pleaded not guilty to the charges. The case for the defence is that deceased Lutfunessa was a woman of hot temper. Previously also being angry she hit her bead out of anger. After giving blow by......nesses saw the accused appellant Noor Mohammad assaulting the deceased or removing the, dead body of the deceased to the bamboo clump and tying her neck by a sari to any bamboo, that P.W.8 Abu Saleh, full brother of deceased Lutfunessa stated in his cross-examination that in the house of occurrence ......tion 304 Part I of the Penal Code. No sentence has been passed for committing offence under section 201 of the Penal Code. 2. The case for the prosecution, in brief, is that deceased Lutfunessa (aged 20 years) was the wife of accused Noor Mohammad who lived in village Belehura, P.S. Anwara, Di&..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......ip and as such the said arrest of m.v. CHERRY ORIENT, though it has not carried the consignment of the plaintiff but it being a property over which the defendant No.1 is interested and exercised full control and management and it possessed the ship, its arrest has been made legally in exer......o.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the cargo owing to short delivery and damage caused to it. 2. The plaintiff has alleged ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......12.7.80 complainant Razia Begum was abducted by the accused persons including accused petitioners Abu Taher Abdul Wahab, Ahmed Kabir, Abdul Gani, Abdul Malek and Abdul Sobhan with intent to wrongfully confine her secretly in a dork room of Taher Automobiles at 18, O.R. Nazam Road Chittagong. Sh......arried girl with the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......nt to the Upazilla Parishad or the U.N.O. 20. We have also looked into the Charter of Duties of all the Upazilla level officers contained in the Resolution (The Resolution is quoted in full in the book "Upazilla Parishad Manual" compiled and edited by S. Lutfar Rahman, ......strate came to the office-cum-residence of the contemner one day and requested him to "show" the procedure for taking cognizance of cases and other related matters in presence of Mr. Khagendra Nath Barman, Upazilla Education Officer and Mr. Abdur Rashid Sarker, Upazilla Rural Developm..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....d she was almost senseless and her husband was also senseless. She further stated in cross-examination that the condemned prisoner often insulted her. The condemned prisoner was a woman of angry nature and she used to lose control of her senses when she became angry. 8. P.W....... Cods owing to temporary insanity. The learned Additional Sessions Judge convicted and sentenced her as aforesaid. 5. The examination-in-chief of the informant P.W.1 has been stated in full while narrating the prosecution case in the beginning. In cross-examination he stated that......all, about 1½" below and right to Zyphoid process of the sternum Stomach and intestine were seen to be cut corresponding to the injuries. Death in his opinion was due to shock and haemorrhage and pertonitis as a result of the above noted injury which was ante-mortem and homicidal in natu..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. .........................................Respondent Judgment November 4, 1984. Result: Criminal Appeal No.71 of 1984 is allowed in part. Criminal Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. ......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......e and conduct the affairs of the said Chamber of Commerce and Industry. 3. The defendants resisted the application for temporary injunction on the ground that the impugned order has been lawfully passed and the plaintiff has no cause of action for injunction and that it is also barred......ousted from his office. The plaintiff further asserted that in the order the defendant could not show any specific instance of wilful and deliberate negligence on the part of the plaintiff to manage and conduct the affairs of the said Chamber of Commerce and Industry. 3. The defendants res..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......an called her husband from outside addressing him as 'Mama'. Her husband opened the door. Then a tall and fat man with a moustache and wearing pink coloured tetron lungi and white tetron full shirt entered into their hut, 2 other persons fastened her mouth and took her outside the hut a......5½" x1½" x 3" deep in front of the neck cutting skin fascia, muscles, trachea, ocsophagus and cartoid vessels and nerves. The death in his opinion was due to haemorrhage and shock, as a result of the aforesaid throat injury which was ante-mortem and homicidal i..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ...... from the place of occurrence and also blood stained cloths of Shantu. He also said that Shantu was removed to Pabna Hospital and then to Rajshahi Medical Hospital. All his statements are found to be fully consistent with what he had stated in the F.I.R. that was lodged by him at the earliest opport...... 2. The prosecution case was that on 14.2.81 deceased Shantu was coming to attend his duty at Al-haj Textile Mill on a by-cycle and at about 9-30 A.M. as he was on the District Board Road at village Sahapur near the house of Haran Sarder the five accused persons attacked him in a body. The accu..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
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