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Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ....... (1) Any Magistrate on receipt of a complaint of offence of which he is authorised to take cognizance or which has been transferred to him under section 192, may, if he thinks fit, for reasons to be recorded in writing, postpone the issue of process for compelling the attendance of the person compl......ably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....on and the Divisional Special Judge committed illegality in allowing withdrawal under the aforesaid circumstances. The High Court Division also failed to appreciate the legal aspect of the matter and wrongly refused to interfere in the matter and thereby committed illegality. 14. Having given ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ......cial Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......jneen when a party was going on in the first floor of the residence of her father between 8-00 PM and 10-45 PM on the night of 23-4-98. During investigation of the cases, statements of witnesses were recorded under section 161 of the CrPC. Accused Shahidul Islam @ Shahid, Humayun Kabir and appellant......cords of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......2-5-98 the police produced the victim girl before the Chief Metropolitan Magistrate, Dhaka (respondent No.2) to record the statement of the victim girl and pass necessary orders. The respondent No. 2 recorded the statement of the victim girl and ordered for her medical examination by the Head of the......Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....cannot be permitted. 24. We are of the opinion having regard to the facts of the present cases and the submissions made that the High Court Division upon a mistaken view of facts and law wrongly passed the impugned orders which are liable to be set aside. In the result, ther......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......ditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ellip;(154 & 155) Per Latifur Rahman J: Inner meaning of “Mattaa” has not been correctly derived from any Arabic dictionary and rightly appreciated by the learned Judges who wrongly arrived at the conclusion that in the context of Verse No. 241 of Surah Baquara it means mai......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......ther…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a div......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....of the application for execution of the decree on the ground that due to inadvertence at the time of drafting the plaint, for plot No.2892 in place of 6892 and ROR plot No. 2896 in place of 8696 were wrongly inserted and these were required to be corrected in the interest of justice. The learned ......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......………… Petitioners Vs. Quyum Khan and others………………………Opposite Parties Judgment July 12, 1998. Case Referred To- Bijoy Krishna Paik and another Vs. Mamtazuddin Sk, 12 DLR 63 (4). Lawyers Involved: Not represented— the Petitioners. Md. Jahurul Isl......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)

....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ...... Case No.19 of 1998 challenging their detention in the judicial custody. 7. Mr. Abu Salek, learned Advocate for the accused-appellants, submits that the statements of Fatema Begum and Rina Begum recorded under section 164 CrPC by the Magistrate was a considered at the time of hearing of the app......icial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ..

Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....alas. 6. With regard to the question of posses­sion it may be stated that the trial court found that the plaintiffs have no possession. The lower appellate court being the last court of fact wrongly held that the question of possession is of no importance and wrongly did not reverse the fin......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. ...... Vs. Shahidullah and others.........................Respondents Judgment March 15, 1998. Result: The petitions are dismissed. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate Mohammad Ozair Farooq, Advocate with him) instructed by Md. Nawab Ali, Adv......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)

....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. ......il. 12. P.W.8 Md. Kamaluddin Ahmed, Thana Nirbahi Officer, Dhunat, Bogra stated that in 1991 he was Magistrate at Natore. P.W.9 Korban Ali brought before him accused Afaz on 17-10-92 and he recorded his confessional statement after giving him time for reflection. He recorded the confession......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. ......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)

....ssed. 11. Amirul Islam, learned Counsel for the appellant, mainly contended that the High Court Division upon a complete misconception of the case of the respective parties and ignoring the law wrongly held that there was a concluded contract for sale of the disputed property which was amenabl......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. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others………â......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

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......r PS Case No. 3(6)96, (GR Case No.299/96). On 2‑6‑96 there was cross application by both the father and the husband to release Rehana Begum in their respective custody. But the learned Magistrate recorded a finding that since the case has been filed under relevant section of Nari‑O‑Shishu Ni......The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..

Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......n 24-1-92 and they were taken to police remand and after police remand they were produced before the Magistrate on 27-2-92 for recording their confessional statements and confessional statements were recorded more than one month from the date of arrest of the accused appellants and after they were t......nd they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

....award of compensation. Then the petitioner filed the writ petition. 3. Mr. Mahmudul Islam, learned Advocate appearing for the petitioner submits that the learned Judges of the High Court Division wrongly dismissed the writ petition summarily upon a view that the notice under section 3 of the Ord......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......8) 15. ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....he appointment of an Arbitrator being in pari materia and in view of the principle of law enunciated in the case of MA Chowdhury vs. Mitsui OSK Lines Lid, 22 DLR (SC) 334, the High Court Division wrongly held that only the English Court had jurisdiction over the arbitration or the appointment o......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦............Respondent Judgment May 8, 1997. Result: The appeal is not allowed.  Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....at at no point of time i.e. during war of liberation and that after emergence of Bangladesh petitioner left Bangladesh and ceased to be the citizen of Bangladesh, that the property in question having wrongly been listed in the Ka list Abandoned Property published in the Bangladesh Gazette, Extraordi......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148...

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

....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. ......site party on the ground that the Special Judge had no authority or jurisdiction to dispose of contempt matter in view of the Contempt of Court Act. It was stated that the special judge ought to have recorded the statements and sent the matter to the High Court Division for drawing up a proceeding f......stry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......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

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

....61. Thereafter Government filed Second Appeal No.1167 of 1962 and by order dated 5-5‑76 the said appeal abated as a whole. Petitioner contends that during pendency of the said suit said fishery was wrongly recorded in the Khas Khatian No.1 in SA Plot No.1448 in correctly recording the area of the ......eafter Government filed Second Appeal No.1167 of 1962 and by order dated 5-5‑76 the said appeal abated as a whole. Petitioner contends that during pendency of the said suit said fishery was wrongly recorded in the Khas Khatian No.1 in SA Plot No.1448 in correctly recording the area of the fishery ......s discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

..... Writ Petition No.328 of 1993. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the inclusion of the building, SE (C‑4) Holding No.29, Road No.138 (wrongly shown as 137) Gulshan, Dhaka in the 'Kka’ list of the Abandoned Building (Supplementary Pr......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ...... September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

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. ......d for the custody of the victim girl but her prayer was rejected and a direction was given for recording the statement of the victim girl by a Magistrate which was done on 1-12-1994. In her statement recorded under section 164 of the Code of Criminal Procedure, she stated, inter alia, that she was 1......sing 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. ...... 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