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Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......at was not correct in rejecting the charge sheet and discharging the petitioners solely on consideration of the victim’s girl’s affidavit and medical certificate as to her age. It is required for the Adalat to consider whether a prima facie offence has been disclosed in the F.I.R. charge- sh....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......t the refusal to take cognizance has been based solely on consideration of the allegedly victim girl’s affidavit and medical certificate which are in the nature of defence of the petitioners at the trial. No finding has been given by the said Adalat that the FIR and the charge sheet and the examin..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....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. ......r Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learned Advocate appearing for the petitioners and Mrs. Sufia Khatun, the learned Assistant Attorney-General appearing for the ...... 12-12-1991 alleging, inter alia, that some employees of the office of the Director General, Bangladesh Rifles in collaboration with some officials of the Chief Accounts office and Ministry of Home Affairs have through 3(three) false bills withdrawn and misappropriated Taka 40,31,795/25 out of the f......ated by Fazlur Rahman of Lalbagh police station who submitted charge sheet against 2 accused persons under sections 467/468/471/409/109 of the Penal Code and the case was yet to be transmitted to the trial Court (Special Judge). The CID Inspector then stated that the case was not properly investigat..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ned, it is covered by exception I to section 28 of the Contract Act. But the second part is not so covered, inasmuch as it has the effect of “absolutely restricting” enforcement of a party’s right under a contract “by usual legal proceeding in the ordinary tribunal” and, accordingly, v......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol......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. ......ka praying for completion the arbitration proceedings which went upto the High Court Division through the process of appeal and revision resulting in an expiry of the order status quo passed by the trial Court. On 26-4-94 the appellant received a letter from the Arbitrator intimating that in vie..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
.... committed an illegality. 4. The learned Assistant Attorney ‑General appearing on behalf of the State, on the other hand, submits that the submission of final report does not create any vested right in favour of the accused. The accused may be prosecuted if the materials disclose the commissi......ppeal is that one Nurjahan Begum on 16‑4‑96 lodged FIR with Rajbari Police Station against this appellant and 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 Raj......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. ...... 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 the truth or otherwise of the accusation. Here in the present case FI..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....as it shows how a, young girl, as the victim is, changes her mind once she is freed from the trance which sometime casts a spell on her. The wayward girl now seems to have turned her face towards the right direction. 17. In the result, therefore, the appeal is allowed and the impugned judgment a...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents J...... physical appearance, which could be deceptive, that the girl was above 18 years of age and that the High Court Division failed to pass a proper order in the interest of the minor girl and also for a fair trial for the grave offence committed by the accused persons. 11. It appears from the impugn......ical appearance, which could be deceptive, that the girl was above 18 years of age and that the High Court Division failed to pass a proper order in the interest of the minor girl and also for a fair trial for the grave offence committed by the accused persons. 11. It appears from the impugned ju..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... 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. ......ant Attorney‑General - For the State. Criminal Appeal No.1700 of 1992. Judgment Mohammad Gholam Rabbani J.- Twenty two accused including the fifteen appellants were placed on trial before the Court of Sessions Judge, Chuadanga, in Sessions Case No.38 of 1992. All the accused were ch...... 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. ......, Assistant Attorney‑General - For the State. Criminal Appeal No.1700 of 1992. Judgment Mohammad Gholam Rabbani J.- Twenty two accused including the fifteen appellants were placed on trial before the Court of Sessions Judge, Chuadanga, in Sessions Case No.38 of 1992. All the accused..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ner (In all Revisions). SR Paul with Bazlur Rahman Chhana and Momtazuddin Fakir, Advocates-For the Opposite Party No.1 (In Criminal Revision Nos. 88, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 o......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......visions of any other law. Even if accounts of the company were audited and approved by the share-holders the same cannot exonerate the persons in exchange of the management of the company from facing trial on the allegation of misappropriation of the fund of the company by falsification of accounts ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....a case the accused may enter or may not enter. His failure to enter might be construed adversely against him whereas his appearance might constrain him to commit himself to statement which he has the right to reserve till he enters on his defence after the commencement of the proceedings. As he will......1990 should not be set aside. 2. The facts are, in short, that the Complaint Case No. 263(1) 90 under sections 304/109/34 of the Penal Code was filed by the opposite party No.2 Monir Chowdhury, before the Upazila Magistrate, Sadar Upazila on 24.6.90 alleging that the petitioners and four others,......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... is liable to be discharged. 6. Lastly, he submits that the learned magistrate took cognizance on 22.10.91 and the petitioners filed this petition on 27.10.91 without first surrendering before the trial Court and, as such, the rule is liable to be discharged. 7. Section 436 of the Code of Crim..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....be rejected where it does not disclose a cause of action. Cause of action may be defined as every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right for the judgment of the court It may be noted that defendant Nos.5‑11 were not parties in t......aint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defenda...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......etting aside those of the Subordinate Judge, Munshiganj dated 31.5.84 in Title Suit No. 5 of 1984 rejecting the plaint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents i..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....9A (1) (a) of the Code of Criminal procedure. 23. The learned Advocates for the petitioners submitted that the petitioners published their books and over those books they, have got their exclusive right. Before taking away that right of publishing the books or expressing their views, the Governme......, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak......t (In Criminal Revision 668 of 1994) Judgment August 16, 1994. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh 40 DLR 359; Bangladesh Anjuman-e-Ahmedia Vs. Secretary, Ministry of Home Affairs, 1993 BLD 45; The Working Muslim Mission and Literary Trust, Lahore and the Civil and Military......that with regard to this book a criminal case under section 295A of the Penal Code had been instituted by the government against the writer. In this case the writer as accused was found guilty by the trial Court. But ultimately he was acquitted by the lower Appellate Court, against the judgment of t..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....by Nikah Registrar, the same had become effective and the marriage between the petitioner and the plaintiff was terminated on and from 11.4.90, as such, the decree for the entire dower money has been rightly passed by him. Mr. Ahmed has further submitted that the findings and decisions arrived at by......et aside. 2. Facts leading to this Rule, in brief, are that the opposite party No.1 filed Family Court Case No.12 of 1990 in the Court of Assistant Judge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments, against the petitioner ......s follows as a necessary corollary therefrom. The mere fact the a neglected wife has been hesitant in promptly coming to the Court or has been pursuing alternative remedies out of Court cannot in all fairness, be so construed as to deprive her of the right of maintenance from the day when the cause ......ormal from the very day of marriage, as such the claim of her treatment for headache, as alleged, is false. The plaintiff is not entitled to any relief and the suit to be dismissed. 7. The learned trial Court, upon hearing the parties decreed the suit in part directing the petitioner to pay taka..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....ase is allowed to set up counter claim or set off he will be allowed to do a thing indirectly which he cannot do directly and this will run counter to the intent and purpose of the Act. Moreover, the right to set up a plea of counter claim is a substantive right and not a matter of mere procedure. W......laintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of t......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. ...... made a counter claim of Taka 2, 67, 04,706.91 against the plaintiff petitioner on different counts as damages and compensation. 5. The plaintiff petitioner on 19.10.91 filed an application in the trial Court for rejecting the prayer of counter claim on the ground that Artha Rin Adalat Ain, 1990 ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....he present case as the facts of that case are entirely different. There the mother of the infant validly transferred the property of the minor and the transferee, it was held, could not defeat the right of the minor to get back the property under an agreement for reconveyance executed simultaneo......2 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that the contract......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......r alleged that Abdul Karim delivered barga crops to him for two years but, thereafter, he started possessing the suit land illegally without delivering any crops to him anymore. . 5. The trial Court originally decreed the suit but on appeal the first Appellate Court remanded the suit f..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....azi Md. Zakayetullah was medical officer at Sanwdip Upazila Hospital on 10‑7‑90. When he held post mortem examination on the dead body of Morium aged 16 years, he found marks of violence near the right breast of the victim, her face and other part of the body. He also found blood mixed with liqu...... 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 the app......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. ......roduced before a Magistrate when they made confessional statements under section 164 Cr.P.C. After investigation, the police submitted charge‑sheet against the accused‑appellants, who were put on trial before the Special Tribunal under section 7 of the Cruelty to Women (Deterrent Punishment) Ord..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)
....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. ...... Kasiani Police Station, District, Gopalganj to the effect that the petitioner Nos.1 and 2 in connivance with each other misappropriated Taka 12,674.00 by withdrawing the said amount from the Bank by forging the signatures of four teachers of Parulia High School. The said amount was shown as the sal......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. ......gainst the present petitioners under sections 406/420/467/468/471 and 109 of the Penal Code by an order dated 4.8.92 and then transferred the case to the Additional District Magistrate, Gopalganj for trial. Thereafter the present petitioners filed a revisional application against that order being Cr..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....g that the defendant‑opposite party has been possessing the suit hut since much before the alleged licence‑possession of 1976 and under such facts and circumstances, the learned courts below have rightly and correctly decided both the suits in favour of defendant‑opposite party. 9. By a p...... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of 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 ......fraudulently instituted Title Suit No. 555 of 1958 claiming his sole interest in the land in question and obtained a fraudulent collusive decree on 15.7.59. The learned Assistant Judge held analogous trial of both the suits and decided both the suits by one judgment. After hearing the parties, the l..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....Samad Mondal gave the order to kill Mohammad Ali, At this accused Abdur Kader dealt dao blows on the nose and on the face of deceased Mohammad Ali. Accused Hasan Ali dealt a blow with a dagger on the right side of the chest of the deceased. Accused Sayeduzzaman dealt a blow with a dagger on the left......Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused......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. ......mation Report on the following morning at about 11‑15 A.M. (30‑6‑90). After investigation the police submitted charge‑sheet against the six appellants and accused Abdul Kader, who were put on trial under sections 449/302/34 of the Penal Code before the learned Sessions Judge, Jamalpur. At th..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....er of affidavits have been sworn in and filed by both the parties. In the affidavit‑in‑opposition the statements and allegations made in the petition were denied asserting that the petitioner was rightly removed from service under Martial Law Order No. 9 and there was no occasion for reviewing t......on, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred to Regional Passport Office at Chittagong as Officer‑ in‑Charge and he served there for about 4 years. On being promoted as Deputy Director, Immigration and Passport by the order of Mi......ule Nisi was issued by this Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexure‑C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be ......lgation of Martial Law on 24th March, 1982 the petitioner was implicated in Chittagong Kotwali PS Case No.34 (3)/82 under Regulation 11 relating to some irregularities in issuing passports and in the trial held the petitioner was convicted for 4(four) years RI with a fine of Taka 30,000.00 by the Su..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled proposition of law that the right to review is a substantive right but this power is not an inherent power. Such a power must be......he Act provides that the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled propo......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......ocedure for reviewing the judgment on the ground that several amounts on different heads were required to be deducted from the decretal amount. By the impugned judgment and order dated 27.7.1991, the trial Court rejected all the grounds of review except one, which is that an amount of Taka 27,830.00..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....The application for amendment was rejected as its effect would have been to convert the suit into a different suit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscri......ivil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ...... Advocates—For the Opposite Parties. Civil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
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