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Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......e No.57 of 1987 it appeared to us that in a case reported in 34 DLR (AD) 309 their Lordships of the Appellate Division expressed a view that against a judgment of acquittal the State or the aggrieved person may prefer an appeal under section 30 of the Special Powers Act. Relying upon the aforesaid d..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......ople that Nawshed and Wahab Bapari, both sons of Md. Manik Bepari of the same village, had kidnapped his minor daughter and confined her forcibly against her will. It was apprehended that the accused persons being men of dangerous character would rape his daughter and commit other injuries against h..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......s in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only persons who may be said to be affected by the impugned notification and as such the petitioner not b..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ...... stating facts they have stated that as a Jailor and Deputy Jailor their duty is to receive and release the prisoner as and when directed by the Courts of law or the authority concerned. They have no personal interest in keeping a person in detention any more than is necessary. The advance order of ..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......aid interim period was made ready for trial after vacating the stay order in SCC Court of the 4th Court of Munsif, Narayanganj. Major Monwar Hossain, son of defendant No.1 A.K. Murshed, being an army personnel managed to have said SCC Suit No.5/70 transferred to Summary Martial Law Court No.25 at Na..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......e police. She further stated that dur­ing the period of confinement Swapan committed rape against her will. 3. The police after completing investigation submitted charge-sheet against the accused persons namely, Swapan, Ananda and Prem Charan under sections 366(a)/377 of the Penal Code read with..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......Act ……………….(33) The rule of law Confession is strikingly a very important and convincing material for proving that the offence is committed by such persons making confession. According to the rule of law, conviction can be based solely on the confe..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......­ciate the present case as to whether a decree for title could be given on the basis of adverse possession. In a case reported in ILR Bom. Series Vol. 7 page 34 it has been observed that, "When a person entered into possession and re­mains in possession in the first instant in accordance with t..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ...... পারিয়া থানায় আবেদন করিতে বিলম্বের কারণ”। The police arrested accused Abul Kashem and Samaruddin and out of these two accused persons ac­cused Samaruddin was released on bail. 4. It appears that on 19.7.88 accused Md. Sha..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......implication. It is unfortunate that Rule 10 was not considered by any court which reads as under: "Attachment before judgment shall not af­fect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......erefore, we are to take aid from Law Lexicon and the judge made law. Wharton in his Law Lexicon quoted the definition of 'imprisonment' given by Tomlin as under: "Imprisonment the restraint of a person's liberty under the custody of another. It extends in law to confinement not only in jail, bu..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......hether the High Court Division correct" in taking the view as has been noted above. The jurisdiction is conferred by Article 102(2)(b) which is as follows: - "On the application of any person make an order directing that a person in custody be brought before it so that it may satisfy ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......eans any property or valuable security de­manded from the wife or her parent, guardian or any other relation as considerations for the marri­age, but does not include dower or Mohr in the case of a person to whom the Muslim Personal Law (Shariat) applies." In this case it has not been alleged a..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......e Jaw as to right of such a purchaser in a Letters Patent appeal, "Dhapubhai Mini v. Chandra Nath", 42 CWN 721, in the following words: "A simple mortgage is a contract creating a personal obligation to repay the loan. It also operates as a conveyance of an interest in the proper..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......by opposite party No.2 in favour of Taramoni, the mother of defendant No.1. The property was legally and properly declared as Enemy Property in E.P. Case No.667 of 1967-68 and leased out to different persons. It was his further case that 0375 acre of land of plot No.7049 was under requisition and al..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......f one offence within the meaning of section 234: Provided that the time included betwe­en the first and last of such dates shall not exceed one year". 6. This section makes it clear that if a person commits several criminal breach of trust, he may be charged in a lump in one charge in respec..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......quiry. It is the petitioner's specific assertion that he bad regularly paid rent and never been in arrear and that the petitioner having incurred huge expenses and having made commitments to many persons in connection with this fishery the Government would be estopped from de­nying the right..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ......ng trial of a case and also providing that if the trial cannot be concluded within the specified time or extended time, further proceedings in respect of the trial shall stand stopped and the accused person released. The law makers were aware of the pendency of a very large number of cases in which ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......entative within the prescribed time, the body formed with­out such representation shall be the Arbi­tration Council; (b) "Chairman" means the Chairman of the Union Council or a person appoin­ted by the Central or a provincial Go­vernment, or by an officer authorised in..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......S. Case No. 1(1) of 1982 was started on a First Information Report about a serious incident of rioting, assault and quadruple murders. One Abdul Mannan lodged that First Information Report against 43 persons including the petitioner, accused Abdul Awal, alleging that he and his party raided Informan..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77