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Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....49 of 1998 was started in the Nari‑O‑Shishu Nirjatan Bishesh Bidhan Adalat against the petitioners of Criminal Miscellaneous Case No.1554 of 1998 after receipt of the record by that Adalat. While so absconding they surrendered before this Court on 18‑3‑98 and were allowed ad‑interim antici......le. Both the Rules having involved common question of law are being disposed of by this Judgment. 4. Informant Roni Akhter lodged FIR on 5‑1‑98 alleging that on the previous midnight she was called by the accused Jostshna for going to the room of accused doctor Mominur Rahman alias Zinna an...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....ppellate court preferred Civil Revision Nos. 3459 and 3460 of 1995 and a learned Single Judge of the High Court Division by two separate judgment and orders dated 19-8-1997 made the Rules absolute and dismissed the suit. The plaintiff-petitioners aggrieved by the impugned judgment of ......ting his left thumb impression. If the plaintiffs were serious and wanted to prove the forgery by impersonation then the LTI's of Charag Ali in thumb impression and signature book could have been called for by them and compared with the two kabalas of 1918. Thus, for non-production of the o......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....nce is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. Death Reference No.1 of 1994 with Jail Appeal No.425 of 1994. Judgment......ouse of his sister’s husband at 7-30/8-00 PM and returned to his house at mid-night and met Afzal, Ismail and Amirul at the road crossing and returned to his house with them. Going near the door he called his wife when Alal fled away pushing him aside. He pursued him when he threatened him with a ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....cost of several lacs. After liberation of Bangladesh, management of the said three holding was taken over by the Ministry of Industry and Commerce. Subsequently, the Ministry of Industry and Commerce sold the disputed holdings to the appellant, Bangladesh Muktijoddah Kallyan Trust by a Registered De......e, particularly when the plaintiffs’ own case is that their offer was subject to discussion and decision by the defendant? 14. ‘Earnest’ or ‘earnest money’ which in common parlance is called ‘Baina’ is that amount which is given at the time when the contract is concluded. It is s......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
.... it has been noted on 26 5.77 under, the seal of the Subordinate Judge Rajshahi that no such case as Title Suit No. 102 of 1962 was filed. Mr. Kazi Abdul Wahab, the learned Deputy Advocate-General, also could not tell us definitely if this case was ever filed nor could he challenge the said Enquiry ...... call in question the proceeding of Screening Commutes was barred and order made by the President under sub-clause (b) of clause (5) of Article 6 of the Laws (Continuance in Force) Order could not be called in question in any Court. Chief Justice Munir at page 120 formulated the principles by which ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....ause as to why the proceedings in Special Case No.45 of 1993 arising out of Lalbagh police station case No.21(12)/91 now pending in the Court of Special Judge and 3rd Additional Sessions Judge, Dhaka so far it relates to the 4 petitioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozi......able at running page 36 of the petition. 6. From Annexure-C it appears that the Chief Metropolitan Magistrate before disposal of the afore-mentioned petition of the Assistant Superintendent of CID called for the opinion of the Public Prosecutor and Public Prosecutor gave his opinion to the effect......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... 4tannel Tunnel Group Ltd. Vs. Balfour Beatty Ltd., 1993) 1 All ER 664 (682); Tzortzis Vs. Monark,(1968) 1W LR 406 (409); (See Hamlyn and Co. vs. Talisker Distillery (1894) AC. 202, HL and, also Campagnie d Armement Maritime SA Vs. Compagnie Tunisienne de Navigation SA (1970) 3 All ER 71 HL......on of law in respect of various contractual components, say, one for mutual rights and obligations, another for arbitration and its procedure, the ‘curial law’ of the arbitration as it is often called. The position is summarized in Halsbury’s Laws of England,4th Edn., Vol. 8, para 592, p. ...... letter to the Manager, Bangladesh of the respondent complaining that the appellant-company was being unjustly and illegally interfered with by the Bangladesh officials of the respondent causing a loss of more than Taka 25 million to the appellant which has given rise to a dispute within the mea..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....ther went to Mehendiganj police station on 25-9-96 for lodging First Information Report and this opposite party, Officer-in-Charge, refused to record the First Information Report against the three persons. It is alleged that on 26-9-96 again the petitioner and her father requested the opposite party......tter of courts order and court cases. This Judgment of ours will not prejudice either of the parties in the criminal case which was instituted by the present petitioner. 9. In this connection we called for an explanation from the learned District and Sessions Judge, Barisal who is the Special J......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ts paid rent to the donee. And the petitioner before me instead of paying rent to the donee started depositing rent of the suit premises to the Rent Controller after filing a Rent Control Case. And also filed an application for permission to repair the shop‑room. In such a situation the donee inst......d affidavit‑in-opposition to contest the Rule but therefrom I do not find any statement that the decree passed in the SCC suit has been satisfied in any Execution Case. Be that as it may, I am called upon to examine whether the impugned order refusing to review the case dismissed by the learn......ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....her husband and another namely, Syed Ali Sardar alleging that as the husband of the informant does not maintain her she used to work in a rice mill of one Faruk Shaheb at Palpatti in Rajbari. It is also her case that accused Syed Ali Sardar used to propose her for illicit connection which she did no......pose her for illicit connection which she did not agree and on 15‑4‑96 at about 9‑30 P.M. while she was passing by the side of the house of Jalil Pramanik on her way to her house Jalil Pramanik called her to his house where she. found accused Syed Ali Sarder sitting. Then Jalil Pramanik and hi......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Enayet Vs. State, 1996, 25 CLC (HCD)
....bunal Case No.22 of 1992 on 30‑11‑93 for commission of the offence under section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. He has been sentenced to suffer 5 years RI and also to pay a fine of Taka 2,000.00 in default to suffer RI for 3 months more. 2. The prosecution...... charge under section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 has not been proved against accused Enayet. It is only said that on the asking of accused Shaheen accused Enayet called a rickshaw and the moment the rickshaw was called in both Nasrin and accused Shaheen boarded ......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....is directed against the judgment and decree dated 30.11.1992 passed by the Subordinate Judge, First Court, Dhaka in Miscellaneous case No.71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan Hossain Khan, rule of the Court.
2. The relevant facts, in s......ant in the instant case. Mr. Pal further submits that the appellant now also cannot argue on the validity or legality of the award inasmuch as in their alleged written objection they had in fact only called in question the quantum of Taka 16 crore and odd as awarded by the Arbitrator and prayed......they had procured men, materials and specialised agencies for the purpose of completion of the construction of the said flyovers and the sudden cancellation of the contract would cause them huge loss. On receipt of the claim from the respondent, the Additional Chief Engineer vide Memo dated 10...
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....ondents 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 be regarded as precocious while in some oth......at the learned Judges had preferred the consideration of the matters before them by observing that “in both the Rules we are to decide as to whether the victim girl is a major or not and we are not called upon to make any comment on the merit of the case at this stage” and then finding that “s...... 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. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....Maulana MA Mannan and 2 Others.........................Petitioners Vs. State........................Opposite Party Judgment November 22, 1994. Result: The Rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala and State, 14 DLR (SC) 96......ilure of the prosecution to adduce any evidence in spite of several opportunities. The complainant moved the Sessions Judge in revision for setting aside the order of discharge and the Sessions Judge called for the records. During pendency of the proceedings before the Sessions Judge, the same Magis......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment of the defendants opposite parties on the ground that Sirajuddin Mollah, the predecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violate......ti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. Civil Revision No. 2526 of 1992. Judgment Syed 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 Seni......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. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....n (Shaopa), daughter of Abdul Mukit Khan of Sylhet Town to the Deputy Commissioner, Sylhet against the petitioner, his brother and mother, all of Moulvi Bazar with their present address in Dhaka city soliciting action under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the a......l and submits that earlier applications for the same purpose having been rejected the instant application does not lie and that too without any new ground. He further submits that the petitioner's so-called apprehension is absolutely baseless and that the police having in the meantime submitted char......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....vit controverting the allegation made by petitioner in this case. It is further stated that in the book named “এলমে মারেফত” pages 12, 13, 18, 53, 69, 93, 159 and 165 there are some objectionable writings of the petitioner being the author of the books which injured and insult......e last Nabi, but not last Rasul. Nabi will not come in future, but Rasul may come. Because, every Nabi is Rasul, but every Rasul is not a Nabi. A Rasul upon whom the divine book was given by Allah is called Nabi, but no divine book was given upon Rasul. However, the writings on this page clearly aff......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. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
.... party No.1 made a demand to the petitioner to pay her dower money but without paying the same the petitioner was passing time on various pretexts. Against her consent the petitioner on the contrary, sold away all the household articles given by the plaintiff's father with fraudulent means and misap...... Ahmed Ali with Md. Khurshid Alam Khan, Advocates‑ For the Opposite Parties. Civil Revision No. 698 of 1992. Judgment Syed JR Mudassir Hussain J. - By this Rule the opposite party No.1 was called upon to show cause as to why the judgment and decree dated 1.2.1992 passed by the learned Add......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
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....990. 4. The defendant opposite parties appeared and filed a joint written statement on 29.8.91. In the said 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 count......and, as such, the. counter claim is not entertainable. 7. Mr. Hasan Arif, the learned Advocate, who appears for the defendant opposite parties, submits that Artha Rin Adalat Ain, 1990 (hereinafter called the 'Act’) is a procedural law and it does not create any forum i.e. Artha Rin Adalat has g......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. ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....nvicting appellant Giasuddin Ahmed, Abul Kashem and Dulal under section 7 of the Cruelty to Woman (Deterrent Punishment) Ordinance, 1983 and sentencing each of them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 3,000.00 in default, to suffer RI for 6 months more. Both......peals have been 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......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. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
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