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Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....by clause 2(3) of Martial Law Regulation No.1 of 1982 the Chief Martial Law Administrator or an Officer authorised by him was empowered to transfer a case from a Martial Law Court or from a criminal Court or from a civil Court to a Martial Law Court, that the said Regulation No.2 (3) of Ma......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. ......parte on 19.5.72 with cost. Defendant No.1 A.K. Murshed filed Misc. Case No.77/72 under Order 9, rule 13 C.P.C. for setting aside the said ex parte decree which was allowed on contest on 30.12.72. Thereafter it was found that the said Misc. Case No.77/72 was filed without depositing the cost or..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......order passed by Mrs. N.A. Sultana, Assistant Sessions Judge and Special Tribunal, 1st. Court, Faridpur dated 28.6.87 convicting the accused appellant Ananda, under section 376/109 of the Penal Code read with section 4(b)(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 read with..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. ......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. ......on of torture Mere denial that the confession was not voluntary is not sufficient. In order to justify such claims, it should be proved that the confession was the result of torture and maltreatment……………………..(37) A confession whe..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....ir duties after some departmental action, but the plaintiff began to threaten the Chief Commandant, Railway Nirapatta Bahini, West Zone, Rajshahi by his hired miscreants. He was also involved in some criminal cases. So, he was not allowed to resume his duty. During his suspension period, he remained......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......mine the issues of facts as well. The Trial Court may hear the issue of maintainability as preliminary issue, but it must postpone its judgment till the hearing of the suit on all other issues and thereafter give its findings of the issue of maintainability and on other issues as well.
For the ..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....al of Health to take necessary steps for determination of the age of the victim girl. At this stage present Rule was issued on 21.8.88 and it was ordered by this Court on that date the proceedings in criminal misc. case No.744 of 1988 in the Court of Sessions Judge, Narayanganj may proceed except th......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ....... Shahidul Islam, Abul Baten, Abul Kashem, Samaruddin and 5 others under sections 366, 379, 447 of the Penal Code and under section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 read with the Special Powers Act, 1974 alleging as follows:—
“গত ২৯/৫/৮৮ ইং..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....rul Kabir Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur Rahman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......Chowdhury, Advocate—For the State. Criminal appeal No. 76 of 1983. Judgment AM Mahmudur Rahman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... On the 14th of March, 1986 Syed Altaf Hossain, brother of the detenu, was arrested at the Airport for contravening Foreign Exchange Regulation Act. An F.I.R. was lodged on the same date and the criminal prosecution case was started against him under section 8 of the Foreign Exchange Regulation......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. ...... The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the or..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....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.......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.......re money from her father as dowry which (having) not been done the accused seriously beat her and drove away her from the house on 14.11.84 by forcibly keeping her 4 month's old baby; that she was treated by doctor in Ghatail Health Complex and hence the case." 3. It is also stated that a compe..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....n the suit without the relevant connected papers and registers relating to the alleged misappropriated amount of money which were seized by the D.A.B. and were with the prosecution in the connected criminal case. This was the sufficient cause which prevented the plaintiff from appearing in the C......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ...... the contrary deposited the entire defalcated amount with the plaintiff bank on the same day when detected and Asstt. Cashier Gopal Chandra Sarker remained untraceable from that date 4.7.78. For this reason Defendant No.1 Md. Nurul Huq was transferred to the Regional Office, Faridpur and Aminul Is..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....e, the accused-appellant has preferred the present appeal. 4. Mr. Akram Hosiain Amin, the learned Advocate for the accused-appellant submitted that the learned Special Judge framed a charge of criminal breach of trust against the accused appellant in gross violation of the provisions of sub......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......ted 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Division, Rajshahi, in Special Case No.13 of 1976 convicting the accused-appellant under section 409 of the Penal Code read with section 5 (2) of Act II of 1947 and sentencing him to suffer rigorous imprisonment for 7..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....herefrom was also dismissed. His further case was that the Criminal proceedings brought by the plaintiffs in respect of the suit land was also dismissed and his possession was established in all criminal proceedings in respect of the suit land. 4.The suit was decreed by the learned Munsif ......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. ......Bhuson, benamder of Rajendra Chandra Das and Khirod Chandra Das Rahimuddin also sold his-/8/ annas share to the said Kinu Bhuson on 6th Baishak,1335. B.S, benamidar of the said Rajendraand Khirod. Thereafter Rahimuddin, Reazuddln and Gaisuddin took settlement of the said land from Rajendra and Khiro..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......case to the Court of Sessions. The accused petitioner appeared before the Additional Sessions Judge-in-Charge on 27.1.85 and prayed for bail. His prayer for bail was rejected on 11.2.83. Thereafter the accused petitioner went on praying for bail and lastly on 28.2.85 he was released on bai..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......r, 1972 appointed the Administrators of Union Panchayet, Shahar Committees and Pourashavas to perform all the functions as provided under the Muslim Family Laws Ordinance, 1961 within the respective areas. So the learned Judge gave a mistaken finding that there was no existence of Arbitration Counci..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......ishoreganj, to issue process against him in connection with Mitamoin P.S. Case No. 1(1) of 1982 and forward the corresponding case record of G.R. Case No. 22(2) of 1982 to the Court of Session at Mymensingh for trial as a Counter-case of Sessions Case No. 409 of 1983 which is already pending there...... Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the petitioner among the list ..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....huiyan—For the Opposite Party No.1. Md. Nawab Ali—For the State. Criminal Revision No.258 of 1984. Judgment Amin-Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under sectio......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... dishonoring of two cheques committed cheating while in fact that did not constitute cheating or any Criminal offence but at the most the allegation even if it is taken to be true constituted only a breach of contract in course of business transaction and criminal prosecution did not lie at all..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....apatra and about the accused's knowingly using the forged documents as genuine in the Civil Court and also for cheating. After due investigation the police has submitted charge sheet and the criminal case i.e. Kotwali P.S. Case No.6(2)79 under sections 420/471/109 of the Penal Code is pendi...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... Omar Faruque - For the Petitioner. None - For the Opposite Party. Criminal Revision No.50 of 1985. Judgment Amin-Ur-Rahman Khan J.- By an application under section 435 read with section 561A of the Code of Criminal Procedure, the Petitioner obtained this Rule to ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....ers even after a lapse of three months as per his undertaking. Thus he has misappropriated the said stock of salt worth Taka 1, 50,468.75 dishonestly. He has, therefore, committed the offence of criminal breach of trust in respect of the said quantity of salt worth Taka 1, 50,468.75. Accordingl......actor carried the salt, that due to paucity of space in the Government godown could not deliver the stock and approached the authorities to receive delivery of the commodity, that as there is no mens rea, no criminal case lies against the accused and that, therefore, this, Court should quash th......fter a lapse of three months as per his undertaking. Thus he has misappropriated the said stock of salt worth Taka 1, 50,468.75 dishonestly. He has, therefore, committed the offence of criminal breach of trust in respect of the said quantity of salt worth Taka 1, 50,468.75. Accordingly, Banshkh..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......lul Huq, Nurul Mostafa, Nurul Amin (the accused petitioners), Chandra Shekhar Barua, Prasanta Chandra Barua, Shamsun Nahar and Halima Khatoon of the charge under section 364/34 of the Penal Code read with the Special Powers Act, 1974 on 7-7-79 in Special Tribunal Case No.52 of 1978. Against the..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ...... the opposite party, being the appellant, was not present. The learned District Judge, Comilla dismissed the appeal for default by his judgment and order dated 7.5.85. The opposite party thereafter filed an application under Order 41, rule 19 of the Code of Civil Procedure, being Misc..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... Mr. Md. Firoz. Senior Scale Section Officer, Ministry of Home Affairs, Government of Bangladesh filed an affidavit-in-opposition on 18.11.85 in this Court stating that the detenu is a notorious criminal and a dangerous antisocial element who has created a reign of terror in the locality a......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ...... but his enemies began to adopt various means to harass him due to financial disputes with them. At their instance the police arrested the detenu under section 54 Cr.P.C, on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recov..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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