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Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

.... 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. ......taken under the aforesaid sections of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. The accused persons were absconding and notices were published in the daily news papers but they remained fugitives. It appears that before start of the trial on 17-7-1996 the Speci......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: ...... 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. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ...... Shahidul Islam @ Shahid, Humayun Kabir and appellant Astima Khatun alias Minu (all working in the house of victim’s father) made confessional statements before a Magistrate and on perusal of these papers and the post-mortem report, a charge-sheet under sections 6(1), (2)/14 of the Act was submitt...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....nded before the High Court Division that the arms were not recovered from the possession of the petitioner who was admittedly under detention and kept confined in a house in Gulshan Model Town at the relevant time, and the Sena Bhaban, the place of recovery, was neither in his possession nor under h...... 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. ......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...... 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. ..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)

....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J AM Mahmudur Rahman J Lutful Karim and others..................................Petitioners Vs. Shahidullah and others......R......n the face of the record in the impugned judgment of this Division to attract review. He merely pointed out the omission to put left thumb impression of the vendor in the registration of the impugned documents which took place as far back as in 1947. This point was specifically argued before the Hig..

Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....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. ......ed by the petitioner No. 1. This being the position we are of the view that framing of charge against the petitioner Nos. 2-4 under section 14 of the Act is not legal. 13. Facts disclosed in the papers, i.e., in the First Information Report and the charge-sheet, show that an attempt was alleged...... This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......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. ..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....is to be found in the annotation of verses 1-6 of Sura At-Talaq by Hajrat Moulana Multi Muhammad Shah (RA) in his Tafsire Ma’areful Qur-an (translated in Bengali by Moulana Mohiuddin Khan); the relevant portion reads thus;  ষষ্ঠ বিধানঃ ইদ্দত সমাপ......entitled to any maintenance as claimed. 5. Plaintiff No.1 examined 4 P.Ws. including herself and the defendant-appellant examined 3 DWs including himself and both sides produced a good number of papers and documents. 6. The Family Court by judgment and order dated 30-10-90 decreed the suit......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&...... any maintenance as claimed. 5. Plaintiff No.1 examined 4 P.Ws. including herself and the defendant-appellant examined 3 DWs including himself and both sides produced a good number of papers and documents. 6. The Family Court by judgment and order dated 30-10-90 decreed the suit for Taka 8..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....d case numbers of all cases which had been dealt with by the petitioner during the period from 1-3-93 to 20-3-94. It also asked for information with regard to the present position of those cases. The relevant portion runs as follows: “সংশ্লিষ্ট তথ্যাদির ...... in many leading cases. He is the author of a book on the law of abandoned property. He is also a regular contributor of articles on constitutional and legal matters in law journals, weeklies and newspapers. The petitioner has upheld at all times the dignity and high standing of the legal profession......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......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... members is illegal, malafide and without jurisdiction; that upon a complaint filed by respondent Nos. 3 and 4, respondent No. 6 as enquiry officer submitted a motivated report by suppressing certain relevant facts and managed to have the subsequent committee approved; that respondent No. 3 Md. Fazl...... was dissolved by respondent No. 2 namely the Inspector of Schools, Board of Intermediate and Secondary Education, Jessore on the opinion of their legal adviser who having considered all the relevant papers and documents regarding the constitution of the Managing Committee, report of the School Insp......fuzur Rahman J MA Aziz J Molla Habibur Rahman.………………………………Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others…………Respondents Judgment......ved by respondent No. 2 namely the Inspector of Schools, Board of Intermediate and Secondary Education, Jessore on the opinion of their legal adviser who having considered all the relevant papers and documents regarding the constitution of the Managing Committee, report of the School Inspector, Bari..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

.... 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 as complainants instituted a suit in ......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....... affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......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...

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ....... 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....................ts who were custodian of the impugned kabalas did not produce the originals in court but only produced the certified copies of the kabalas, Exhibits 1 and 1 (ka). Hence for not producing the original documents the plaintiffs did not get any opportunity of comparing the LTI's of Charag Ali on the..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)

.... as hereunder: "Heard the learned Counsel for the complainant. Seen the petition of complaint and other papers on record. Let a copy of the complaint petition along with the copies of other relevant papers be sent to the District Anti­ Corruption Officer, Cox's Bazar, for investiga......nti‑Corruption Act. On 17‑2‑92 the learned Senior Special Judge passed the order as hereunder: "Heard the learned Counsel for the complainant. Seen the petition of complaint and other papers on record. Let a copy of the complaint petition along with the copies of other relevant paper......Case is also Reported in: 50 DLR (HCD) (1998) 575. ......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ..

Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134

Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)

....s No.2 to 8 from the case instead of taking cognizance against them under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 by starting a Special Tribunal Case. 2. The facts relevant for the disposal of the present Rule is that, the petitioner as complainant filed a petitio......আশ্বিন মাসে অথৈ পানিতে লাস গুম করিয়া রাখিয়াছে।” 7. In the First Information Report charge-sheet and other connected papers disclose an offence under one law but the Police submits the charge sheet under a law not att......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: ......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...

Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....No.2 determined the highest market price of Taka 1,00,000.00 per Katha and a sum of Taka 5,00,000.00 for the structures making the total amount at Taka 66,15,000.00 which was the highest price at the relevant time. A Bank draft for Taka 1,33,500.00 being 2% of the total consideration amount was sent......gned by the deceased and made over to the organiser with a cheque for Rs. 295-10-0, drawn on the Central Bank of India in favour of the company, being the sum payable for the half-yearly premium. All papers, namely, the proposal, the medical reports and the friends’ reports were completed and sent....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:......tive parties and ignoring the law wrongly held that there was a concluded contract for sale of the disputed property which was amenable to enforcement under the law. He referred to the plaintiffs own documents, particularly Exts. 8(ka) and 11, and submitted that the plaintiffs own case is that their..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....re was cross application by both the father and the husband to release Rehana Begum in their respective custody. But the learned Magistrate recorded a finding that since the case has been filed under relevant section of Nari‑O‑Shishu Nirjatan Act, 1995, Rehana cannot be released in any one's cus......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. ...... (HCD) (1998) 557. ......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. ..

Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

.... a decision of this court reported in 28 DLR 172. In the case of Mr. Mokleshur Rahman Vs. The State it has been held, "we think a subordinate officer of the government who is conversant with the relevant facts of a case is competent to swear affidavits on those facts on behalf of his superior o......his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ......Chowdhury J Abdul Matin Khan Chowdhury J Miss Rowshan Ara Ahmed.................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent Judgment August 24, 1977. Result: The Ru......his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......fers to a civil suit being Title Suit No. 102 of 1962 which "it was observed by the learned Subordinate Judge. Rajshahi that Khalilur Rahman was manufacturer of fraudulent rent-receipt and other papers. " in the affidavit-in-reply a certified copy of the Enquiry Slip has been annexed, wher......ed 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 Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary...... the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties were subject of an illegal and invalid exchange with the owner and the documents of exchange are forged. The petitioner was arrested by the police and was sent to hajat. A..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)

....d to have the custody of the minor victim girl. The respondents are directed to release the detenu victim girl forthwith and hand over to the custody of the father Tapan Chandra Datta immediately and relevant orders passed either by the Magistrate or by the learned Sessions Judge for keeping the vic......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......o. 4387 of 1997. Judgment Md. Mozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the victim minor girl Tapati Rani alias Bobi Rany, daughter of Tapan Chandra Datta, should not be brought before this Court so that it may satisfy itself that she is not b......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..

Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ...... Rajdhani Katriphakkha (RAJUK) for the mutation of the names of the donees and respondent No.2 by letter dated 20‑8‑91 asked petitioner No.1 to appear before him on 30‑8‑91 with all necessary papers and documents and when she went there along with other petitioners respondent No.2 informed t......is case is also Reported in:49 DLR (HCD) (1997) 432. ......atriphakkha (RAJUK) for the mutation of the names of the donees and respondent No.2 by letter dated 20‑8‑91 asked petitioner No.1 to appear before him on 30‑8‑91 with all necessary papers and documents and when she went there along with other petitioners respondent No.2 informed them that th..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....e 13 of the Code of Civil Procedure setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge and SCC Judge, Dhaka. 2. Short facts relevant for the disposal of this case are that, the petitioners as plaintiffs instituted a suit for......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......is case is also Reported in: 49 DLR (HCD) (1997) 561. ......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....ned but he denied the prosecution suggestion that being influenced by the accused-appellants he was suppressing the truth. 14. P.W.4 Dilip Kumar Basak was a Magistrate, 1st Class, Madaripur at the relevant time. He stated that he recorded the statement of accused Netai Chandra Das under section 1......sul Huq, the learned Advocate appearing for the accused appellants, has taken me through the First Information Report charge framed in the case, evidence and the impugned judgment and other connected papers. He submits that in this case there is no legal evidence on record to warrant an order of con......charged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159