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Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....;report in writing made by a police officer’ was not explained in the Special Powers Act but section 29 of the Special Powers Act provides that the provisions of the Code of Criminal Procedure, so far only as they are not inconsistent with the provisions of the Act, shall apply to the proceedi...... 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. ......case the Magistrate o receipt of the petition of complaint. (Annexure A to the petition) from the complainant, though investigated by a police officer sent the case record to the Special Tribunal for trial who illegally took cognizance of the offence against the accused-petitioner because the case w......nal Revisional Jurisdiction) Present: Md. Hamidul Hoque J ABM Khairul Haque J Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgment December 2, 1999. La..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....nion, Dhaka should not be declared to have been made without lawful authority and is of no legal effect.
2. Petitioner, Bangladesh Paribar Parikalpana Samity known as (Bangladesh Family Planning Association), hereinafter in brief the samity, a social Welfare Organisation, registered under the Dir......e interest of worker or of employers of the samity.
16. The next question is, whether the persons who have been appointed by the samity for the purpose of attainment of its aims and objects can be called worker for the purpose of forming a Trade Union under the provision of the Ordinance. We have......ted there to persons engaged by the Association for the purpose of implementation of its primary objects upon forming Association, applied to the Registrar of Trade Unions under the provision of Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of 1969), hereinafter in short the Ordinance, t......ction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Ku..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....ise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case. In the instant case no reason/ground has been assigned for the withdrawal of the case and there is no indication that material...... 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. ......was obtained before submission of the charge sheet. Thereafter the Senior Special Judge, Chittagong took cognizance of the case and then transferred it to the Divisional Special Judge, Chittagong for trial and 20-7-1996 was fixed for framing of charge. Cognizance was taken under the aforesaid sectio......Roy Choudhury J
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Prativa Rani Dey Tirtha......................Appellant
Vs.
Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Respondent
Judgment
August 10, 1999.
Result:
..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....n Daman (Bishesh Bidhan) Adalat, Dhaka, in Nari-O-Shishu Nirjatan Case No.43/99 rejecting the prayer of the appellants for discharging them and framing charge against them along with other accused persons under section 6(2)/14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, (Act XVII......ection 19A of the Arms Act. It was further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil proceedings inasmuch as a person cannot be called upon to contest the same question over and over again. But in order that the said principle m......ged on 4-9-98 by Mujibur Rahman, Assistant Superintendent of Police, CID under sections 6(1),(2)/14 of the Act. The short facts of the case as alleged are that, Shajneen, 15-year-old daughter of industrialist Latifur Rahman, was raped and murdered at his residence at Gulshan at any time between 8-00...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....espondents as to why Ayesha Akhter (previously named as Dipali Pal Chowdhury) now detained in the Dhaka Central Jail under the guise of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) i...... care. Her organisation is directly working with over 60,000 women in Bangladesh both in urban and rural areas. It is stated in the petition that she is a concerned citizen who is outraged by this so-called practice of safe custody which is not supported by any law, whereby the liberty and freedom o......dy and she is still there. We are again assured by the State that the security of the Centre may not be as tight as the jail custody but is safe enough to keep the girl there till the disposal of the trial.
20. Mr. Abdur Rashid, the learned Advocate, claims heavy damages against the petitioner fo......isional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. W..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice, in a particular case. The only other case where the prayer may also be considered may occur if it is proved that on account of some local public commotion or other ......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. ......y because an allegation of cognizable offence has been falsely made. 14. The provision for bail in a criminal case beginning from the initiation of a proceeding upto the conclusion of the trial has been made in Chapter XXXIX of the Code of Criminal Procedure. It is well settled that th......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....t 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 just because it was initiated at the instance of the Home Ministry. Cases Referre...... 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. ......e arms seized, and whether the case of the petitioner falls within the immunity and the petitioner is entitled to avail of the scope of amnesty are questions of fact and be decided at the time of the trial on evidence and on comparison and verification of the seized arms with those that are exempted......used In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts disclosed in the FIR are not..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
.... section 14 of the Act, are, in short, that on 10-11-1990 at about 11.00 PM while the informant Nargis Parvin, wife of Bellal Hossain Khan, having felt sick was staying in the house of Akbor Hossain, son of Dhala Chowkider of village Garfa within Police Station Mollahat District Bagerhat, at that ti......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ...... of the Act was committed by the petitioner No.1 and, as such, framing of charge against the petitioner No.1 under the said provision of section 9 of the Act is not legal. 16. To put a person on trial to answer the charge under section 9(kha) of the Act there must have been allegations that sai...... This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....…………… 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 divorced woman is entitled and which the former husband is under an obligation ......an Supreme Court in the Shah Bano case, AIR 1985 (SC) 945, which, as is well-known, caused a great stir in that country and the result was that the Government of India had to bring about an enactment called “The Muslim Women (Protection of Rights on Divorce) Act, 1986” by which prima fac......onth for the maintenance of the son was legally bad on principle, for, the plaintiffs never complained against the said reduction. The defendant was the petitioner before the High Court Division. The trial Court allowed maintenance to both the plaintiffs @ Taka 1000.00 per month. The learned Distric......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
.... Sessions Judge, Brahmanbaria in Special Powers Act Case No. 137 of 1991 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for one year more. ......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......ent Punishment) Ordinance, 1983. Then the case was sent to the Special Tribunal and charge was framed under section 6 of the above Ordinance. The accused persons pleaded not guilty and demanded their trial. The prosecution then produced 11 witnesses. Two witnesses were tendered and others were cross......ant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers ..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....…Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors, 49 D......azlur Rahman Chhana, Assistant Attorney- General — For the Respondents.
Writ Petition No.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 ......Whenever any Court or any officer in charge of a police station considers that the production of any document or other things is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 199..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
......r approval.
4. Respondent No.6 recommended the elected Managing Committee and sent the same to respondent No.1 for approval but the Board having received a complaint from respondent Nos. 3 and 4 called a report from respondent No. 6. Whereupon respondent No. 6 held an enquiry and submitted his ...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......fuzur Rahman J
MA Aziz J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Miscellaneous Appeal No.22 of 1993, and the said appeal was also dismissed on 8-3-95. Thereafter, the plaintiff petitioner started Other Class Execution Case No.1...... disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners......oposition of law is that, after a decree has been executed and fully satisfied there remains nothing more for the Execution Court to do. The amendment in the schedule of the plaint is a matter of the trial Court and is welt outside of the jurisdiction of the Executing Court, whose function is limite...... affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the exercise of his jurisdiction within his competence in accordance with law and also in the interest of justice with most expedition. The justice should not only be done but it shoul......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ...... appeal No.438 of 1997. Their Lordships of the Appellate Division also affirmed the decision of this Division and directed that the said Trade Mark Suit in question should be heard and disposed of by trial Court in accordance with law. But unfortunately, for the petitioner, the said suit was dismiss......urt High Court Division (Civil) Present: Syed JR Mudassir Husain J Social Marketing Company…………………………..Plaintiff Petitioner Vs. Universal Pharmaceuticals Ltd. and another………………………….Opposite Parties Judgment June 4, 1998. Result: ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....49 of 1998 was started in the Nari‑O‑Shishu Nirjatan Bishesh Bidhan Adalat against the petitioners of Criminal Miscellaneous Case No.1554 of 1998 after receipt of the record by that Adalat. While so absconding they surrendered before this Court on 18‑3‑98 and were allowed ad‑interim antici......le. Both the Rules having involved common question of law are being disposed of by this Judgment. 4. Informant Roni Akhter lodged FIR on 5‑1‑98 alleging that on the previous midnight she was called by the accused Jostshna for going to the room of accused doctor Mominur Rahman alias Zinna an...... 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. ......also Reported in: 50 DLR (HCD) (1998) 577. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....b-Inspector of Police, Detective Branch, Chittagong, lodged First Information Report with the Double Mooring Police Station alleging that on receiving secret information he along with other Police personnel went to hotel “Pelika” and on search recovered two girls named Fatema Begum and Rina Begu......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. ......o persons and ultimately submitted charge-sheet against them under section 5 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. Consequently, the aforesaid accused persons were placed on trial before the Special Tribunal No.2 and 1st Court of Additional Sessions Judge, Chittagong, in Sp...... 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)
....ppellate court preferred Civil Revision Nos. 3459 and 3460 of 1995 and a learned Single Judge of the High Court Division by two separate judgment and orders dated 19-8-1997 made the Rules absolute and dismissed the suit. The plaintiff-petitioners aggrieved by the impugned judgment of ......ting his left thumb impression. If the plaintiffs were serious and wanted to prove the forgery by impersonation then the LTI's of Charag Ali in thumb impression and signature book could have been called for by them and compared with the two kabalas of 1918. Thus, for non-production of the o...... Court of Assistant Judge, Chatkhil Police Station, District-Noakhali for cancellation of two kabalas, being, Kabala Nos.3466 and 3467 registered on 11-7-47. Both the suits were dismissed by the trial court. Against the aforesaid judgment and decree the plaintiff preferred Title Appeal Nos.88 a....... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Lutful Karim and others............................Petitioners Vs. Shahidullah and others................Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....Sarker……….……………..Petitioner Vs. Nihar Mondol alias Pagol and 8 others…………..………….Opposite Party Judgment January 22, 1998. Result: The Rule is made absolute. Lawyers Involved: Shamsul Huda, Advocate-For the Petitioner. Not Represented - the ......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......ave taken cognizance against all the opposite parties accordingly. The learned Sessions Judge is, therefore directed to register the present case as Special Tribunal case and take necessary steps for trial of the opposite parties by taking cognizance against them under section 6 of the Cruelty to Wo......preme Court High Court Division (Criminal) Present: Md. Sirajul Islam J Md. Joynul Abedin J Makhon Lal Sarker……….……………..Petitioner Vs. Nihar Mondol alias Pagol and 8 others…………..………….Opposite Party Judgment January 22, 1998. Result: ..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....1992 to the High Court Division. A Single Bench of the said court, by judgment and order dated 6 June 1996 discharged the Rule modifying the appellate decree by way of enhancement of the amount of solatium to Taka 8,000.00 from Taka 5,000.00 with a direction that the amount should be paid within......eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. .......- This petition arises out a suit for specific performance of a contract for sale. The petitioner brought the suit to enforce the contract against respondents No. 1 and 2 who were defendants. The trial Court decreed the suit on 29 August, 1990. The defendants appealed therefrom. The learned Di......al J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Idris Shaikh………………….Petitioner Vs. Jilamon Bewa and others……………....Respondents Judgment December 11, 1997. ..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....nce is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. Death Reference No.1 of 1994 with Jail Appeal No.425 of 1994. Judgment......ouse of his sister’s husband at 7-30/8-00 PM and returned to his house at mid-night and met Afzal, Ismail and Amirul at the road crossing and returned to his house with them. Going near the door he called his wife when Alal fled away pushing him aside. He pursued him when he threatened him with a ......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. ...... State…………….......................Petitioner Vs. Afazuddin Sikder………………..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorne..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
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