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MA Malik Vs. State, 1994, 23 CLC (HCD)
....r that on his surrender, before him the learned Magistrate would be embarrassed or prevented from giving relief. 11. Mr. Amirul Kabir Chowdhury, the learned Deputy Attorney‑General, on the other hand, seriously opposes the prayer for bail and submits that earlier applications for the same purpo......red in General Diary (No. 96) alleging risk to his life and Property and seeking police protection. On 3.2.93 he instituted Money Suit No.6 of 1993 in the 3rd Court of Subordinate Judge, Dhaka for recovery of cash money and prices of articles taken away by the informant and her relations from the pe......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)
.....668 of 1994. Petitioner in this case stated in his application that his books “এলমে মারেফত” and “মারেফতের গোপন আলাপ” were published before hand. But these two Bengali books did not contain any objectionable materials which oppose, injure o......ional Jurisdiction) Present: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Cas......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)
....d the judgment of the court of appeal below and the decree of the said court is liable to be set aside. 10. Mr. Ahmed Ali, the learned Advocate for the plaintiff opposite party No. 1, on the other hand, contends. that in view of the materials on record and in the facts and circumstances of the ca......e to the Munsif concerned and his decisions shall be final and shall not be called in question in any Court. (3) Any amount payable under sub-section (1) or(2) if not paid in due time, shall be recoverable as arrears of land revenue." 19. The section 5 of Family Courts Ordinance, 1985 deals w......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
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....e house and neighbours came and saw the dead body of Morium floating in one cubit deep water in the ditch. P.W.1 lodged the FIR with police station Sandip at 4‑00 P.M. on 9‑7‑90 suspecting foul hand behind the murder of his daughter. The police held inquest on the dead body of Morium and sent ......er‑in‑Charge of police station Sandwip, recorded the First Information Report (Ext.1) on the statement of P.W.1 Kala Miah and filled up the column of First Information Report form and then handed over the case to SI Montaz Uddin for investigation. 8. P.W.1 Kala Mia is father of victim Moriu......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
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....is Case is also Reported in: 48 DLR (1996) 55. ......se pending before him. Therefore the Magistrate was at liberty either to act upon the recommendation of the investigating officer to discharge the accused or to take cognisance upon the materials discovered in the investigation carried by the investigating officer placed before the Magistrate under ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
.... also Reported in: 46 DLR (HCD) (1994) 419 ......58 against the original owner and got the decree and then got his name recorded in SA Khatian by filing Misc. Case under section 54 of the State Acquisition and Tenancy Act and then paid rent to die Government regularly and that all these papers have been marked as exhibits in the suit but that the ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ed Mohammad Ali, who were sleeping in the south bhiti hut of the same homestead with the deceased. At once P.W.1 Abdur Rahim, younger brother of Mohammad Ali, came out with a burning hurricane in his hand along with his brother, P.W.10 Abed Ali, P.W.11 Abdus Sattar, and brother's son, P.W.4 Ziaul Ha......f land in plot No.430 at a distance of about 50 cubits from the house of the informant (P.W.1). The deceased and his brother, P.W.1 Abdur Rahman, protested against forcible erection of the tin‑shed over their land, but accused Abdus Samad Mondal claimed to have got share in the said land. Out of t......ngly acquitted and 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) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....er under threat of stabbing her with a knife and accused Azad obtained her thumb impression with the ink of cooking pot against her will. Zahirul Islam, Abu Sayed and others recovered victim girl and handed over her to his wife P.W. 3 Maleka Khanam. After hearing about the occurrence from his son at......ng evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of the whole of the circumstances within his knowl......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
....Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibrahim Sk. and others Vs. Janab Sk. alias Janab Ali Sk. & others; 19 CWN 1021 (Mohabir Prosad Vs. Chandra Sekhar); AIR 1952 Cal. 86 (Bela Debi Vs. Bam Behari Roy; AIR (PC) 136 (MRKRM Somasudram ......ad of 'Kha' schedule property. He argued that this 'Kha' schedule property was mortgaged with the plaintiff by opposite party Nos. 1-4 and 'Ka' schedule properties were handed over to the defendants on a rental basis meaning thereby that the 'Ka' schedule property bel...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
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Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....enience and inconvenience of the city dwellers. 3. That to create awareness about obligation of the candidates and the people at large the petitioner organised discussion meetings and circulated hand bills requesting all concerned to abide by law and to refrain from polluting the atmosphere by ......gs and every other thing in the whole city; defacing and spoiling the view of public and private properties; that they displayed large banners, set up camps encroaching upon streets and pavements all over the city; that they have put up and displayed election symbols larger than the prescribed size ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......rprise Ltd..............................................Respondent Judgment January 17, 1994 Result: The appeal is dismissed. Cases Referred to- Persumal & ors. Vs. Government of Pakistan & ors., PLD 1960 (Karachi) 690; Mst. Umda Begum & another Vs. Saad Sao......dition 3(Ka) of the agreement dated 26.2.88 in which it is mentioned that the 2nd party, namely, the respondent company, would use their own computer machine or any other computer machine under their management for preparation of the telephone and telex bills. 13. It is clear front the facts an..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
....1994.
Result:
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries goods deli......46 DLR (HCD) (1994) 254
......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....heb Ali Miah, a member of Nagarkanda. Union Parishad under Nagarkanda Upazila within the district of Faridpur was the Chairman of the Project Committee for reconstruction of the road from Nagarkanda Chandhat to Kodalia up to the house of one Kabir Miah of village Kodalia. The project was under the &......d, Assistant Inspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote to the Government for proper sanction for prosecution for the accused being a public servant and waited for ......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... delivery and the carrier delivered the goods at Chittagong in damaged condition and the goods were damaged due to contact with sea water while in the care and custody of defendant No.1. On the other hand, the contesting defendant-appellants denied the said allegations and contended that the goods w......ated in place of the proforma defendant No. 3 vide two letters of subrogation dated 13.12.65 and 9.6.66 of right, tide, interest and remedies in respect of the damaged goods. The said goods were made over to the defendant No. 1 in good order and condition at the port of shipment in Karachi and the d......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
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Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... 00,000.00 by the plaintiff as earnest money to defendant No. 1 under the said agreement has not been specifically denied though D.W.1 denied to have received the same on her deposition. On the other hand plaintiff as PW 1 stated that he paid Tk. 1, 00,000.00 as earnest money to the defendant No.1 a...... plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesaid suit against the defendant appellants impleading also the government respondent in the said suit for specific performance of a contract for sale on the allegat...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....ed in: 46 DLR (HCD) (1994) 90.
......ction 480(3) of the Hindu Law. Since this adoption was made contrary to the provision of Hindu Law, the adoption itself was illegal and void and as such this Sudhir Chandra Das had no legal authority over the properties of Shirish Chandra Das and to transfer the suit properties by way of will in fav......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....Vs. Stat, 26 DLR 297; Daud Ali Vs. State, 27 DLR 155; Nazir Ahmed & ors. Vs. State, 1985 BCR 279; Ismail Munshi Vs. State, 33 DLR 5; AKM Reza and others Vs. State, 9 DLR 594 Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Bhagaban Chandra Chakma Vs. State , 1987 BLD 351 = 38 DLR 374; Md. ...... in all only 3 P.Ws. including the informant P.W. 1 but the defence examined none. However from the trend of cross‑examination of the P.W.s, the defence case as transpired was that no heroin was recovered from their possession as alleged and that because of previous enmity and bad terms with the l......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......l Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Respondent......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....e @ Rajib Ali in equal share measuring an area of 11.51 acres of land. The petitioner purchased 0.17 acres of land from plot No. 2157 out of an area of 1.75 acres under Khatian No. 442 of Mouza Char Chandia from late Abdul Majid, predecessor of the opposite party Nos. 2‑5 and from Mozaffar Islam, ......r on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the lan......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....ol of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Prasad Vs. Emperor AIR 1937 (Patna) 246; Karimuddin Akanda and others Vs. State 11 DLR 148 ; ...... excess of power vested in her under section 540 CrPC, however wide the Language of the section might be. It is further argued that the aid of the section could be invoked only with the object of discovery of relevant facts or obtaining proof of such facts for a just decision of the case and it must...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
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