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Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....ticipatory bail in Special Case No.224/1997 pending before the Special Tribunal, Mymensingh. 3. In both the Rules respective petitioners/ petitioner were/was enlarged on anticipatory bail on the date of issuance of the respective Rule. Both the Rules having involved common question of law are b......ring pendency of the Rule, a Court subordinate to this Court has no authority to cancel the ad‑interim bail granted by this Court. Such a Court may bring the misuse of privilege of such bail to the notice of this Court which is in seisin of the matter till disposal of the Rule. If such misuse of t......nce of the accused petitioner Doctor AKM Moqsudul Hassan calling upon the opposite parties to show cause as to why he should not be enlarged on anticipatory bail in Special Case No.224/1997 pending before the Special Tribunal, Mymensingh. 3. In both the Rules respective petitioners/ petitioner ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....1995. 4. Accused persons filed an application under section 241A of the Code of Criminal Procedure for discharging them alleging that the charge brought against them was groundless. By the order dated 4-9-95 learned Tribunal Judge rejected the said application and against thereof Criminal Appea......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. ......l Appeal No.106 of 1996. By this judgment we will dispose of both the appeal and the Rule. 2. On 21-1-95 one Md. Manik Miah, Sub-Inspector of Police, Detective Branch, Chittagong, lodged First Information Report with the Double Mooring Police Station alleging that on receiving secret informatio..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....g 18‑4‑92 for submission of investigation report to this Court". 2. Subsequently after investigation of the case District Anti‑Corruption Officer submitted his report and by the order dated 4‑6‑92 learned Senior Special Judge took cognizance of the offence as alleged and passed o......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. ......l Revision No.754 of 1995. Judgment Mohammad Gholam Rabbani J.- This Rule has arisen out of the following circumstances: One Gobindra Prashad Das on 19‑1‑92 filed a complaint petition before the Court of Senior Special Judge and the Court of Sessions Judge, Cox's Bazar, alleging th..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)
....dgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing charg......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....... 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 petition of comp..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....d in full without any order as to costs. Being aggrieved the plaintiff preferred Civil Revision No. 3503 of 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 a......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. ...... December 11, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 [V of 1908], Section 148 In a case where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under sectio..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....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. ......t. 3 before the Magistrate P.W.8 on 17-10-92. 13. In his confessional statement the accused stated that 4 months after his marriage victim Sukitan developed illicit relationship with Alal and he noticed the same 5/6 months after the marriage at noon time when both of them were bathing in the ta......azi Ebadul Hoque J.- This Reference under section 374 of the Code of Criminal Procedure by the Sessions Judge, Natore convicting the accused Afazudin under section 302 of the Penal Code has been sent for confirmation of the sentence of death awarded to him. The condemned convict has preferred Jail A..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....), instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent Nos.1 and 2. Not represented—Respondent No.3. Civil Appeal No. 43 of 1995. (From the Judgment and order dated 12 January 1995 passed by the High Court Division, Dhaka in FA No.63 of 1992). Judgment ......1990. Since then the respondents have been running their industry as before. 5. On 31-7-1990 the appellant invited tenders in daily Ittefaq for selling the suit property. The respondents served notice upon the appellant on 9-8-1990 reminding it about the earlier sale of the suit property to re............Respondents Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....le was obtained 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 fa......s 1975 is significant for the purpose of proceeding against a person under Regulations 11 and 12 of the Martial Law regulations. We do not find from the counter-affidavit filed by the Govt. that such notices were issued to the accused petitioner or that be ever replied to such notices. This being th......Opposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 1..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....se No.50, Road No.3, Block No.SW(H)‑2 Gulshan Model Town, Dhaka corresponding House No.7, Gulshan Avenue at serial No.42 in the 'Kha' list of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of ......gifted the property in question to the other petitioners and the Joint Survey Team of the Abandoned Property Management Board having not treated the property in question as abandoned property, and no notice having been served upon the petitioners treating the property as an abandoned property, inclu...... of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that petition..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)
.... Parvin, Advocates ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No.1797 of 1992. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 8‑6‑92 passed by the Assistant Judge, 1st Court, Dhaka allowing the application of opposit......eged in the plaint that defendant No.1 illegally inducted defendant No.2 in the suit premises as a sub‑lessee beyond the knowledge of the plaintiffs. Under such circumstances, the plaintiffs served notice upon the defendants under section 106 of the Transfer of Property Act determining the tenancy......he 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 eviction..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....pellants. MA Lat Advocate — For the State. Criminal Appeal No. 1325 of 1993. Judgment MM Ruhul Amin J.- This appeal is directed against the judgment and order of conviction and sentence dated 27-6-1993 passed by the learned Special Tribunal No.3, and Assistant Sessions Judge, Faridpur ......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.......e No. 31 of 1992 convicting the accused-appellants under sections 4(B) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing each of them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 10,000.00 in default to suffer rigorous imprisonment f..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
.... said Act, and the Magistrate concerned forwarded the records of the case to the aforesaid Adalat, Kishoreganj constituted under the said Act. The said Adalat received the records on 11-1-97 on which date all the four petitioners surrendered before him. The alleged victim girl Most. Rahena Khatun al...... informant respondent No. 1 preferred Criminal Appeal No. 151 of 1997 under section 24 of the said Act before the High Court Division. Without admitting the appeal for hearing and without issuing any notice to the petitioners the High Court Division held that it would be sheer wastage of time to adm......at was not correct in rejecting the charge sheet and discharging the petitioners solely on consideration of the victim’s girl’s affidavit and medical certificate as to her age. It is required for the Adalat to consider whether a prima facie offence has been disclosed in the F.I.R. charge- sh..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....ed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioner. Not represented— For the Respondents. Civil Petition for Leave to Appeal No. 65 of 1997. (From the Judgment and order dated 12-12-95 passed by the High Court Division in Writ Petition No. 5713 of 1996). Judgment ......s out of a Judgment and order dated 12-12-96 passed by a Division Bench of the High Court Division summarily rejecting Writ Petition No. 5713 of 1996. The petitioner filed the Writ petition impugning notice dated 9-1-96 issued by respondent No. 1 in Chittagong LA Case No. 18 of 1995-96 under section...... Mahmudul Islam, (Senior Advocate, Rafique-Ul Huq with him), instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioner. Not represented— For the Respondents. Civil Petition for Leave to Appeal No. 65 of 1997. (From the Judgment and order dated 12-12-95 passed by the Hi..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....que-ul-Huq, Senior Advocate — Amicus Curiae Dr. Kamal Hossain & Dr M Zahir, Senior Advocates — Intervenes. Civil Appeal No.30 of 1996. (From the Judgment and order dated 8-2-96 passed e High Court Division in Civil Revision No.3934 of 1994) Judgment ......e meaning of clause 14 of the GSA Agreement dated 18-4-80 which, if not resolved by the said Manager, would be referred to arbitration. In response, Manager, Bangladesh, of the respondent served a notice of termination of the GSA Agreement on 25-1-94. The appellant informed the respondent’s Ma......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....t as First Information Report. Finding no other way the petitioner filed an application before the learned Special Judge for taking action under Contempt of Court Act for not complying with his order dated 28-9-96. This application for drawing up proceeding for committing contempt of court was filed......on that day the Special Judge directed this opposite party, Officer-in-Charge to show cause by 19-11-96 as to why he should not be proceeded with for contempt of Court. After receipt of the aforesaid notice from the Court of the Special Judge the application sent by the Special Judge was treated as ...... Hoque J.- This Rule was issued calling upon the opposite party Mr. Ansaruddin, Officer-in-Charge, Mehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
.... For the State. Criminal Appeal No.814 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal under section 24 of the Nari-'O'-Shishu Nirjatan Daman Ain has been filed against order dated 29‑6‑96 passed by the Nari-'O'-Shishu Nirjatan Daman Bishes Adalat. Rajbari in Nari-'O'-Sh......mark of rape and the informant also swore an affidavit before a Magistrate stating that she lodged the FIR under threat and duress from others. The investigating officer also mentioned that he issued notices upon the witnesses to appear before him but they did not. As the case is triable under Nari-......ppeal is that one Nurjahan Begum on 16‑4‑96 lodged FIR with Rajbari Police Station against this appellant and her husband and another namely, Syed Ali Sardar alleging that as the husband of the informant does not maintain her she used to work in a rice mill of one Faruk Shaheb at Palpatti in Raj..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....an J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11‑82 passed by the Summary Martial Law Court No.12 Chittagong in SMLC No.51 of 1982. ......s, Excise and VAT, Agrabad, Chittagong by his memo No.CL/ET/18/116‑127 dated 3‑2‑82 dismissed the petitioner from the service as he was convicted by the Summary Martial Law Court. No show cause notice was issued upon the petitioner on the ground that as per Establishment Division's OM No. R‑......‑ For the Respondents. Writ Petition No.2384 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11â..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137