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MA Malik Vs. State, 1994, 23 CLC (HCD)
....n (Shaopa), daughter of Abdul Mukit Khan of Sylhet Town to the Deputy Commissioner, Sylhet against the petitioner, his brother and mother, all of Moulvi Bazar with their present address in Dhaka city soliciting action under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the a......l and submits that earlier applications for the same purpose having been rejected the instant application does not lie and that too without any new ground. He further submits that the petitioner's so-called apprehension is absolutely baseless and that the police having in the meantime submitted char......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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Accused Petitioner Vs. State………………………………………….Opposite Party Judgment August 28, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....vit controverting the allegation made by petitioner in this case. It is further stated that in the book named “এলমে মারেফত” pages 12, 13, 18, 53, 69, 93, 159 and 165 there are some objectionable writings of the petitioner being the author of the books which injured and insult......e last Nabi, but not last Rasul. Nabi will not come in future, but Rasul may come. Because, every Nabi is Rasul, but every Rasul is not a Nabi. A Rasul upon whom the divine book was given by Allah is called Nabi, but no divine book was given upon Rasul. However, the writings on this page clearly aff......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......resent: 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 Case No. 464 of 1994) Dr..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
.... party No.1 made a demand to the petitioner to pay her dower money but without paying the same the petitioner was passing time on various pretexts. Against her consent the petitioner on the contrary, sold away all the household articles given by the plaintiff's father with fraudulent means and misap...... Ahmed Ali with Md. Khurshid Alam Khan, Advocates‑ For the Opposite Parties. Civil Revision No. 698 of 1992. Judgment Syed JR Mudassir Hussain J. - By this Rule the opposite party No.1 was called upon to show cause as to why the judgment and decree dated 1.2.1992 passed by the learned Add......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......ivil Revisional Jurisdiction) Present: Syed JR Mudassir Hussain J M. Bazlur Rahman Talukdar J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred t..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....990. 4. The defendant opposite parties appeared and filed a joint written statement on 29.8.91. In the said written statement they admitted the loan but disputed the claims of the plaintiffs and also made a counter claim of Taka 2, 67, 04,706.91 against the plaintiff petitioner on different count......and, as such, the. counter claim is not entertainable. 7. Mr. Hasan Arif, the learned Advocate, who appears for the defendant opposite parties, submits that Artha Rin Adalat Ain, 1990 (hereinafter called the 'Act’) is a procedural law and it does not create any forum i.e. Artha Rin Adalat has g...... 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 ......ision (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- M..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....ticed that plaintiff‑Opposite Party No.2 who was a minor at the time of the execution of the agreement for sale Ext. I was still a minor at the time of the hearing of the revision case. It was also noticed that while sending the case on remand the first appellate Court, inter alia, directed th......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......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Julhash Mollah (Md.) and another.......................Plaintiff‑Appellants Vs. Ramani Kanta Malo an..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....nvicting 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......peals have been heard together and will be disposed of by this Judgment. 2. Briefly stated, the prosecution case is that, on 8‑7‑90 (Sunday) at 4‑00 P.M. Shahanaz, daughter of Burhanuddin, called Morium aged about 16 years, second daughter of P.W.1 Kala Mia to their house, which is to the......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...... 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)
....ns held in Abdus Salam Vs. State 36 DLR (AD) 58 and Golam Jilani Vs. Govt. of West Pakistan 19(SC) 426. In the latter case the police chalan under section 173 of the Code of Criminal Procedure showed some person as not accused. The Magistrate ignored the police report and summoned those persons unde......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......s 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)
....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 plaintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in......ief with a view to remove a cloud on his title created by the act of the defendant disputing his share; in a suit so framed declaration of title is all that plaintiff needs and he is consequently not called upon to ask for consequential relief by way of partition." Mr. Mihir Kanti Majumder......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......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)
....ellants 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......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......lso Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....transferred to the Head Office at Dhaka. After promulgation 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(fo......d Ministry on due consideration of the facts and circumstances of the case the order of removal of the petitioner from service on compulsory retirement under Martial Law Order No. 9 of 1982 cannot be called in question and the Rule is liable to be discharged accordingly.
6. Mr. SS Halder, the l......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......‑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 declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....o be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the 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 for......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..............Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that t..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR ......s shall be made, as may be necessary for the purpose of determining the real questions in controversy between the parties." 4. This rule 17 has got two distinct parts. The first part may be called discretionary provision, gives discretion to the court (by using the word "may") to...... 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......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....lip;Petitioner Vs. Government of Bangladesh and Others………………Respondent Judgment March 10, 1994. Result: The Rule is made absolute. Grounds of Detention The Government shall under Section 8(2) of the Special Powers......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......31(8) 1993 under section 19(a) and (f) of the Arms Act, though he did not commit the alleged offence and no arms were recovered from his possession and that the case is still pending in the Court for trial. It has been further alleged that while the detenu was in the Dhaka Central Jail in connection...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangladesh and Others………………Respondent Judgment March 10, 19..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ip;……………Respondent Judgment March 8, 1994. Result: The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to procure evidence against o......zul Islam and Azad forcibly took away her to the house of appellant Zakir Hossain from Natore road for the purpose of marrying her and confined her in the hut of accused Zakir by closing the door and called in P.W. 2 marriage registrar Nurul Islam and accused Lutfor snatching away the marriage regis......sed in the case in connivance and he was not arrested by the police at any stage of the case. Yet he was masqueraded as an accomplice witness on the plea of granting him pardon unheard of in criminal trial. He further submitted that the statement of the victim girl was recorded by the Magistrate lon......ecution is faced with the difficulty of gathering 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 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....he learned Advocate for the petitioner that the allegations made in the application before the Magistrate do not bring the case within the scope of section 147 of the Code of Criminal Procedure. We also do not find any merit in the contention of the learned Advocate for the petitioner that the learn......etitioner and there is likelihood of breach of peace over the same. The learned Magistrate after receipt of the said application by order dated 31.1.91 directed the parties to maintain status quo and called for enquiry report from Assistant Commissioner (Land) and subsequently by order dated 30.5.91......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......owdhury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. Lawyers Involved: Md. A..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....d.......Plaintiff‑Petitioner
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja......e with the terms of the judgment with notice to the plaintiff and the plaintiff took the certified copy of the decree and put it into execution and when they were proceeding with the execution the so-called defect came to their notice and thereafter they filed a petition for correction of the judgme......
......Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Mahfuzur Rahman J
Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....ave a favourable report. Thereafter he got the No Objection Certificate from the Deputy Commissioner and made construction there and brought the machineries for the cinema hall. After about two years some interested people of the locality filed this suit in order to cause damage to the defendant No....... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......nema hall. After about two years some interested people of the locality filed this suit in order to cause damage to the defendant No. 1. However, after considering the materials on record the learned trial Court, that is, the Subordinate Judge, 1st Court, Khulna, decreed the suit in favour of the pl...... ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
...., seduced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant petitioner No.2 terminated the pregnancy on 8.5.92 by applying some roots through her vagina. She related this to her relatives and they took her to Palashbari Tha......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......Sessions Judge, Gaibandha that the accused petitioners had unsuccessfully tried to convince the Court of Sessions that the court. is barred from continuing the hearing of the case on grounds that the trial has been vitiated because of non‑compliance of section 155(2) of the Code of Criminal Proced...... also Reported in: 46 DLR (HCD) (1994) 140. ..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....d were not allowed to perform their duties and counting of the votes were made in their absence and that large number of ballot papers with his symbol 'Boat' were declared invalid arbitrarily so as to show larger number of votes in favour of the symbol 'Clock' of the petitioner and t......man,Emaduddin Chowdhury and Probir Neogi, Advocates—For Respondent No. 2. Writ Petition No. 995 of 1993. Judgment Kazi Ebadul Hoque J. — In this Rule, respondents have been called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Com......e respondent No. 2 was able to make out a prima facie case for recounting the ballot papers in 12 centres mentioned therein. The impugned order undoubtedly is an interlocutory order passed during the trial of the case and at this stage it is not necessary to mention the evidence of witnesses in deta......l Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
.... Respondent No. 1
Appeal from Original Decree No. 54 of 1971.
Judgment
Mahfuzur Rahman J.—This appeal is directed against the judgment and decree passed by Subbordinate Judge, Jessore on 30.5.70 in Money Suit No. 2 of 1969 decreeing the suit on contest against the defendant Nos.......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
...... absolutely liable for the act done by the booking clerk under his employment.
13. On careful consideration of the records we find nothing to interfere with the judgment and decree passed by the trial Court.
14. In the result the appeal is dismissed without any order as to costs. The judgm......dul Amin Choudhury J
Mahfuzur Rahman J
Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant
Vs.
Commerce Bank Ltd. and Others...............Respondents
Judgment
January 13, 1994.
Result:
The appe..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
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