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Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....ge‑sheet. The accused's general denial that the facts disclosed in the FIR are not true will not do. To succeed the accused must show that the facts alleged by the prosecution do not constitute any offence or that the prosecution is otherwise barred by law. A prosecution cannot also be quashed...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..................Respondent Judgment February 26, 1991. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Hom..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....its that facts stated in the FIR and in the police report and that facts stating which charge under sections 9(kha) and 14 of the Act as has been framed by the Tribunal do not disclose and constitute any offence under the provisions of law hereinbefore mentioned, the charges so framed are misconceiv...... kidnap the informant upon holding out threat of killing her husband, who is serving in the office of Deputy Inspector General of Police, Barisal as typist, to marry her against her will; that at one stage of the said incident police from Mollahat Police Station came at the house of Akbor Hossain an......iscellaneous Case No. 2854 of 1997. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of Nari-O-Shisu Case No.20 of 1997 (arising out of Mollahat PS Case No.8 21-11-1996 corr..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ciple of Imam Shafi) is that the presentation of a suitable gift is obligatory in the case of all divorced women and not merely in the case of women referred to in Ayat 236 of Sura Al-Baqarah (2). In any view of the matter mata’a is a voluntary gift payable by the righteous. A righteous man wi......resent objections raised by the appellant. Mr Fazlul Karim, learned Advocate, feeling the difficultly, prayed for allowing the plaintiff-wife to amend her plaint and a re-hearing of the suit. At this stage, the question does not arise. 69. The learned Judges’ interference with the appella......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
....e called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:......f Criminal Procedure and the demand for supplying information about the cases the petitioner was handling for a particular period was illegal in that information could not be asked for at the inquiry stage prior to registration of a case. The powers under section 94 and 161 CrPC could only be exerci......1710 of 1994.
Judgment
Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without an..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....51 of the Code of Civil Procedure before the Executing Court is not at all maintainable in law as the decree has already been executed and satisfied and, as such, the impugned order does not call for any interference by this Court. In support of his contention the learned Advocate for the opposite p......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.......limited to execute the decree in terms of the decree itself. If the present amendment is allowed, this will re-open the controversy between the contending parties giving a new lease of life to a dead proceeding which has been tried on merit and finally determined. Any amendment of the plaint relates..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....nd police is behind the petitioners and if they were arrested they would be seriously manhandled for obtaining confession from them and the case has been filed against them so that they could not get any relief from the lower Court. 5. Complainant Masuma Sultana was married to the accused petit......with imprisonment for life or imprisonment upto 14 years which shall not be less than 5 years. Before the petitioners/petitioner enter upon defence and adduce evidence it is not possible at this stage to decide which version of the case is true or false. 13. In the case of Belayet Hossain ...... 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
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... The respondents served notice upon the appellant on 9-8-1990 reminding it about the earlier sale of the suit property to respondent Nos. 1 and 2 stating further that the same cannot be sold again to any other person. By the same letter request was made to the appellant to execute and register the s......no want of mutuality with regard to the agreement made between the parties. 60. In order to convert a proposal into a promise the acceptance must be absolute and unqualified. Until accepted the stage of negotiations has not been passed and no legal obligation is imposed. 61. It is undeni......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)
....na Begum now detained in Sylhet District Jail/Moulvibazar Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petiti......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. ......o the question of the petitioner's No.1 detention in Moulvibazar Jail. It appears that the petitioner No.1 is alleged to be a victim of rape and kidnapping. She is not an accused nor a witness in any proceeding. In that view of the matter the question is whether under the circumstances she can be ke..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....n of this Court The next contention of the learned Deputy Advocate General is that the proceeding has been initiated under Regulations 11 and 12 of the Martial Law Regulations which cover offences of any time prior to the promulgation of Martial Law in 1975 provided there is legal evidence to prove ......;Ordinary criminal proceedings instituted against an accused person must be tried under the provisions of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent Jurisdiction provided under section 561-A of the Code. B...... Criminal Revision No. 381 of 1976. Judgment K.M Subhan J.-This Rule was obtained by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthi..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....order for further investigation. 9. Mr. Khan’s contention is that in view of this provision of the special law i.e. Criminal Law Amendment Act, 1958 neither the Chief Metropolitan Magistrate nor any other Court had any jurisdiction to order for further investigation into the case and the order ......the Senior Special Judge after taking cognizance of the offence or passing any order whatsoever then permission of the Special Judge would have been necessary. Further, we also hold that even at that stage the police had the power to hold further investigation as per provision of section 173(3B) of ...... Choudhury J.- Rule was issued calling upon the opposite parties i.e. the State and MA Razzak, Deputy Assistant Director, on behalf of Director General, Bangladesh Rifles, to show cause as to why the proceedings in Special Case No.45 of 1993 arising out of Lalbagh police station case No.21(12)/91 no..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... Vs. Compagnie Tunisienne de Navigation SA (1970) 3 All ER 71 HL); Michael Golodetz Vs. Serajuddin and Co. AIR 1963 (SC) 1044; Bangladesh Air Service Oil and Natural Gas Commission Vs. Western Company (Pvt) Ltd of North America, AIR 1987 (SC) 674; James Miller and Appellant Partners Ltd. Vs. Whi......t and not by the local court. 9. In the light of the above submissions of the parties it was a relatively easier exercise to resolve the issues on which leave has been granted, but at this stage Mr. Rafique-ul-Huq, learned Counsel, who was present in Court, intervened and submitted that ......cellation of the notice of entering on the reference. On 19-2-94 the appellant filed an application for injunction in the 3rd Court of Subordinate Judge, Dhaka praying for completion the arbitration proceedings which went upto the High Court Division through the process of appeal and revision res..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....of the offence alleged in violation of the provision of section 17(1) of the Nari-o-Shishu Nirjatan Ain, 1995. He refers to us section 17(1) of the Act to contend that no Court can take cognizance of any offence unless a report is filed by the police officer holding rank of Sub-Inspector of Police. ......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ...... Involved: Md. Abdus Sobhan, Advocate — For the Petitioner. Criminal Miscellaneous Case No. 1403 of 1997. Judgment AM Mahmudur Rahman J. - This application is for quashment of a proceeding viz, Nari-O-Shishu Nirjatan (Bishesh Bidhan) Case No. 25 of 1996 now pending before the N..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....g land he was evicted by the miscreants from the holding in question on 27-4-1972. That having been evicted the petitioner made representation to the appropriate authority seeking redress but without any result, that at no point of time i.e. during war of liberation and that after emergence of Bangl......
8. The admitted position is that, respondent No.6, the allottee of the Government, is in occupation of the property in question and that Government realised rent for some time from him and at one stage having offered the building for sale he paid 20% of the consideration money. But in view of th......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)
.... Court on 28-9-96 and it was received by Mehendiganj police station on 29-9-96. It is alleged that after looking into the order of the learned Special Judge on 29-9-96 the opposite party did not take any step on the matter after treating it as First Information Report. Finding no other way the petit......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. ...... way the petitioner filed an application before the learned Special Judge for taking action under Contempt of Court Act for not complying with his order dated 28-9-96. This application for drawing up proceeding for committing contempt of court was filed on 24-10-96 and on that day the Special Judge ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....al of the leave petition by the Appellate Division and the Rule has become infructuous. 4. The opposite party filed 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 th......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. ......iew the case dismissed by the learned Subordinate Judge seeking permission to repair the demise shop‑room can stand. It is a settled principle of law that review will lie where a party to a suit or proceeding failed to adduce evidence necessary for disposal of the suit or a proceeding or the Court..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....arder sitting. Then Jalil Pramanik and his wife left the house leaving behind the informant and taking advantage of their absence accused Syed Ali Sarder forcibly raped her and when she raised alarm many people came there and rescued her. Police on receipt of the FIR took up investigation of the cas...... done by the Tribunal in the present case is illegal. 7. Before we proceed further we must recollect the meaning of the word cognisance. It is well‑settled that the word cognisance refers to a stage of mental condition to which a Magistrate or a Judge decides upon taking necessary steps to in......of the word cognisance. It is well‑settled that the word cognisance refers to a stage of mental condition to which a Magistrate or a Judge decides upon taking necessary steps to initiate a judicial proceeding against a person accused of an offence for placing him on trial with a view to determine ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....nk of Jamadar. He has rendered his service to the satisfaction of his superior officers and detected several smuggling cases for which he was appreciated by the superior officers and was rewarded in many cases including the sensational case of Men‑Suru‑Miah: with a prize of Taka 15,000.00. He wa......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......ank of Assistant Inspector or Deputy Assistant Director or an officer of any of the Defence Services not below the rank of a Commissioned Officer. Regulation 3(2) of MLR 1/82 provides for review of a proceeding before a Special Martial Law Tribunal and Special Martial Law Court. Regulation 3(3) is t..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
....Republic of Bangladesh decided to construct some flyovers in the city of Dhaka, one at Mohakhali and another at Banani and for this purpose they floated tenders from intending contractors. Many contractors including the respondent participated in the said tender and on scrutiny their ......r the same could he filed under section 14 of the Arbitration Act.
7. Mr. S.R. Pal, the learned Advocate appearing for the first party respondent, submits that the appellant at this belated stage cannot call in question the legality or validity of the award given by the sole arbitrator in ......eer on receipt of the letter dated 29.4.1991 did not appoint any arbitrator on his behalf and after waiting for six weeks the respondent requested their appointed arbitrator to start arbitration proceeding as sole arbitrator. In that view of the matter the arbitrator appointed by the respo..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....s already noticed, were passed by the High Court Division by which the appellant felt aggrieved. 10. Leave was granted to consider the case and prejudiced the prosecution beyond repair even before any evidence was led, that the High Court Division went wrong in discarding the most impartial mater......ers 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 “she is quite major above 18 years old.” Thus the learned Judges ...... 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
Masum and others Vs. State, 1996, 25 CLC (HCD)
....W.4 and P.W.8 who, it was alleged, were present at the time of occurrence and were injured by the accused. Mr. Majumder submits that the allegation that P.W.2 Safatullah was injured was not proved by any medical evidence. According to prosecution, P.W.4 Nurul Islam and P.W.8 Raihan were examined and......Abdullah struck on the lobe of the deceased's ear by a Chinese axe, then Yeasin struck on the head of the deceased by a knife, then Purai struck on the back of the deceased by a knife and at this stage Abdul Jalil struck on the head of P.W.4 and appellant No.15 Hillal Hossain beat him (P.W.8) by...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
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