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Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
......…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of ...... case or proceeding which is incompetent, the case or proceeding comes to the knowledge of High Court division within the meaning of section 439 of the code. Thus, whenever a matter is brought to the notice of High Court division and High Court division is satisfied that in the facts and circumstanc......m by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased Md. Golam Rabbani as informant which led t..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
....cate-on-Record—For Respondent No.2. Not represented—Respondent Nos. 1, 3-7. Civil Petitioner for Leave to Appeal No.1216 of 1997.  (From the judgment and order dated 4-6-1997 passed by the High Court Division in Civil Revision No.5010 of 1991 (Dhaka), Civil Re......¦â€¦â€¦â€¦â€¦ Respondents  Judgment  June 3, 2001. The Transfer of Property Act, 1882 (IV of 1882) Section 106 No tenant can be evicted without serving any notice under section 106 the Transfer of Property Act. Lawyers Involved:  ......dvocate-on-Record—For the Petitioners. Sharifuddin Chaklader Advocate-on-Record—For Respondent No.2. Not represented—Respondent Nos. 1, 3-7. Civil Petitioner for Leave to Appeal No.1216 of 1997.  (From the judgment and order dated 4-6-1997 passed..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....;For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK Sinha J. - This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 11-3-1999 of the learned Additional District Judge,1st Court, Dhaka in Title Appeal No. 231 of......ssion of the Court, sue or be used, or may defend, in such suit, on behalf of or for the benefit of all persons so interested. But the Court shall in such case give, at the plaintiff’s expense, notice of the institution of the suit to all such person either by personal service or, where from t......cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....Nos. 1-2. Civil Revision No.1906 of 1998. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not......aid property. In the said application under Order 39 rule 7 CPC the defendant-petitioner prayed for inspection directing the Advocate Commissioner- (a) To go to the locality, i.e. suit land, with due notices to the concerned parties through their learned Advocate, (b) To ascertain the local features......gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....under section 10(1) of the Nari-o-Shisu Nirjatan (Bishes Bidhan) Act, 1995 (Act No. XVIII of 1995) hereinafter referred to as the Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in bri......n he having had gone to the house of the accused Babul Hossain then informant’s sister cried out on seeing he informant and that narrated the incident of beating, that on one occasion the informant noticed sign of beating on the neck of his sister, that Taslima’s mother-in-law on an occasion pre......he Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of section 25 of the Ac..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......ge. Now we quote section 7 as hereunder:-
“Talaq.—(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) Whoeve......bazar Patrika on 02.12.2000 which briefly is this. Sahida, wife of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the district of Naogaon, was forced to marry her husband’s paternal cousin Samshul on a so-called fatwa by Hazi Azizul Huq that..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....lainant in his petition of complaint against the accused-opposite party No.1. The learned Magistrate on receipt of the investigation from the officer-in-charge, Panchagarh Police Station by his order dated 7-7-1994 found the case to be triable under section 27 of the Special Power Act and forwarded ...... 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. ......text of his friendship, on the night following 2-6-1993, the accused petitioner abducted his wife After futile attempts to trace his wife, the complainant opposite party No.1 filed the instant case before the learned Magistrate, First Class Panchagarh, on 7-6-1994, being Miscellaneous Case No.345 of..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....Aftab Hossain, Advocate-on-Record—For the Appellant.
Shamsul Haque Siddique, Advocate-on-Record—For the Respondents.
Criminal Appeal No. 29 of 1996.
(From the judgment and order dated 5-8-1996 passed by the High Court Division in Criminal Revision No.548 of 1996).
Judg......ed for framing of charge. Cognizance was 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 ...... 1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which t..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....r the Appellant. SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.19 of 1998. (From the judgment and order dated 19-8-97 passed by the High Court Division, Dhaka in Writ Petition No. 2192 of 1994). Ju...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......; The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an indivi..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....Datta came forward to be added as petitioner No.2. As the petition was claimed to be in the nature of public interest litigation the petitioner was allowed to be added as petitioner No. 2 by an order dated 22-6-98. Similarly, on the application filed by Dilip Pal Chowdhury, the father of the victim ......tting married. The girl being a matured person embraced Islam on her own will and took the name, Mosammet Ayesha Akther, by swearing an affidavit before a Notary Public at Dhaka on 1-3-1998. A public notice in this regard was also published in the Daily Inqilab on 10-3-1998 (Annexures A and A1). On ......ld not be given upon the respondents 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 (previous..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....1998). Md. Aftab Hossain, Advocate-on-Record — For the Respondents (In Criminal Appeal No. 20 of 1998). Criminal Appeal No. 19 of 1998. (From the judgment and order dated May 27, 1998 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 3150......g the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Before entering into the question at issue, the facts of the two cases may be briefly noticed in order to appreciate the genesis of the question, namely, the granting of anticipatory ba....... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory 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 mater..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....o why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (Annexure-B). 2. Learned Advocate for the petitioner, after placing the petition ......he respondent No.1 as far back as on 5-6-97 communicated to him on 19-6-97 allowing remission of 47.40% interest on condition of repaying the same within 12 months. But soon thereafter it came to the notice of the respondent No.1 from an inspection report of Bangladesh Bank that the petitioner was i......Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samaba..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....yan, Additional Attorney-General with him), instructed, by Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 14 of 1991. (From the judgment and order dated 10 February, 1991 passed by the High Court Division Dhaka in Criminal Revision No. 142 of 1991...... 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. ......ult: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ed 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 89,000.00, including Taka 3,000.00 to plaintiff No.1 as mai...... views on the defendant at an added cost and liability to him. (3) that the suo motu exercise was all the more unacceptable, as it was done behind the back of the appellant, without giving him a notice of the learned Judges’ intention to indulge in an exercise of this kind, so that he cou......ment 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 to pay seems to follow naturally from the Ayat (241, Sura Baka..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....0.00 for going abroad but the father of the deceased was unable to pay the amount and then at the intervention of some well-wishers Sahara was back to her husband’s house about one month before the date of occurrence. On 13-7-89 at about 8-00/9-00 PM the accused persons assaulted Sahara and ultima......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.......s 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. 2. The p..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....; 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 proceedings contained in File No.3/Dar/92 (Bank) should......on Act does not provide any power to ask for information such as contained in the impugned order Annexure B. We also find that the impugned order Annexure B was issued almost one year after the first notice (Annexure-A) was issued to the petitioner purportedly under section 161 CrPC. The impugned or......as well as a member thereof. The petitioner was surprised and shocked when the respondent No.3 served a Memo No.758 dated 6- 10-93 purportedly written under section 161 of the Criminal Procedure Code for examining the petitioner in relation to the facts and circumstances of which was stated to be th..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed without la......reinafter referred to as the said Regulations, The learned Advocate alleges infringement of Regulation 7 also and argues that dissolution of the Managing Committee was not preceeded by any show cause notice and hence there was an infringement of the Principle of Natural Justice.
7. Mr. Md. Nuru......g of 10 members of whom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex of..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....ved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the p......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.......on No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution ca..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....sh Bidhan Case No.491 of 1997 pending in the Court of Nari‑O‑Shishu Nirjatan Bishesh Adalat, Dhaka should not be quashed. 2. Informant opposite party No.2 Ramaboti Roy lodged GD entry No.323 dated 6‑8‑97 with Kotwali PS Mymensingh alleging that she was married to the accused‑petitione......y etc, after the marriage to prevent which deterrent punishment has been provided under the said Ordinance." In doing so reliance was placed in the 40 DLR 360 case. 13. Though Appellate Division noticed that decision in 46 DLR 290 did not discuss the same as the case before that Division in 46 ...... cause as to why proceedings of NariÂ-O‑Shishu Nirjatan Bishesh Bidhan Case No.491 of 1997 pending in the Court of Nari‑O‑Shishu Nirjatan Bishesh Adalat, Dhaka should not be quashed. 2. Informant opposite party No.2 Ramaboti Roy lodged GD entry No.323 dated 6‑8‑97 with Kotwali PS Mym..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....€‘ For the Petitioner. Civil Order No.1944 of 1998. Judgment Syed JR Mudassir Husain J.- This revisional application at the instance of the plaintiff petitioner is directed against the order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District Judge ......e parties herein. It further appears that the plaintiff petitioner filed an application under Order 39 rules 1 and 2 CPC on 25‑5‑98 supported by an affidavit and prayed for issuance of show cause notice upon the defendants as to why they shall not be restrained by order of temporary injunction f......ther………………………….Opposite Parties Judgment June 4, 1998. Result: The application is disposed of with the above observation and direction. When any matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
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