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....rayed for anticipatory bail. It further appears that the alleged victim girl Ranjana Rani Das assuming the name of Mosammat Shahida Begum appeared before the Sessions Judge, Narayanganj on the same date i.e. 19.7.88 and prayed through her Advocate that she should be released in the custody of her ......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. ......ocate Mr. S.S. Haider made his submissions and on behalf of the State the learned Advocate Mr. S. B. Barua made his submissions.
3. The facts of the case, in short, are that on 8.6.88 First Information Report was lodged at Araihazar P.S. by Sukumar Chandra Das, son of the petitioner and ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... B is entitled to retain the stone till he is paid for the services he has rendered.' 12. The learned Counsel appearing for the Bank has frankly stated that the cash credit account has been liquidated considerably and only 16 Lakh is owed to the Bank. Mr. Rafiqul-Huq submitted that remuneration...... loan was reduced substantially and as on 23rd November 1963 the loan stood at sixteen lacs and odds. 3. Plaintiff filed suit on 24th November for a claim of Taka 24 lacs and odds. As has been noticed he filed an application for attachment before judgment. Pubali Bank challenged the attachm......no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel with all its materials was pledged to the Bank. The contention of the learned Counsel for the appellant that the Bank ought to have proceeded against the defendant's other securities has..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....al, Hassan Arif Deputy Attorney-General with him Instructed by B. Hossain, Advocate-on-Record. — For the Respondents. Criminal Appeal No. 21 of 1987. (From the judgment and order dated 27.8.1987 Passed by the High Court Division, Dhaka in Writ Petition No. 294 of 1987). Jud......e detenu was served with the impugned order of detention dated 27.6.87 under section 3(1)(a) of the Special Powers Act. This detention was challenged by way of writ petition. 6. As has been noticed above the High Court. Division took the view that the rule has become infructuous because th......ion of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....rected against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in ......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.......l Kashem, Advocate - For the Appellant. Not Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal at the instance of informant Firoza Begum is directed against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Spe..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
.... instructed by Shamsul Huq Siddique, Advocate on Record- For Respondents Nos. 1(a) to 1(c). Ex parte- Respondent Nos. 3 to 5. Civil Appeal No. 77 of 1985. (From the judgment and order dated 7-6-84 passed by the High court Division, Chittagong, in Second Appeal No.456 of 1968.) J......ious suit the tenant had pleaded his right of occupancy. The Court rejected the tenant's plea and found that the land was 'Majhes land', but dismissed the suit on the ground that no valid notice to quit was served upon the tenant. In the subsequent suit the decision as to the character o......11 An adverse finding against a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental part of the decree, then it will operate as res judicata. Adverse finding agains..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....e Respondents 6-9. Writ Petition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the res......eport and also without complying with the stay order passed in the Misc. Appeal hurriedly started a V.P. Misc. Case and proceeded to complete the lease of the properties without giving petitioner any notice or opportunity of being heard. The initiation of the V.P. case and the approval of the lease ......e right in the 8.23 acre of lands which she had been possessing all through by living in Bangladesh and erstwhile East Pakistan and by paying rents up to 1389 B.S. But after that her offer of rents for 1390 B.S. was not accepted on behalf of the government. 3. Thereupon the petitioner started..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....n Mohammad Habibur Rahman J.- This application under section 115(1) of the Code of Civil Procedure at the instance of the defendant No. 1 petitioner Md. Nurul Hoque is directed against Order No. 23 dated 14.9.86 passed ,by Mr. Soumendera Sarker, Subordinate Judge, Rajbari in Misc. Case No.13 of ......s of taking over charge. It was detected that 2000 pieces of 50 taka notes amounting to Taka 1 00 000/- (Taka one lac only) in two bundles were not found in the almirah. The matter was brought to the notice of the Branch Manager who personally verified the same and also found that the said 7000 pi......arker, Subordinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vacating the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to its original file and number. 2. Plai..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....der authority delegated to him by the Central Government issued in exercise of the powers conferred by clause (b) of sub-rule (1) of Rule 182 of the said Rules a notification being No.1199-Genl. dated 3rd December, 1965 which was published in the Dhaka Gazette Extraordinary on the 4th Dece......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 allotted to postal peon Aroj Ali and linesman Arsed Ali but no notice was served upon the Additional Deputy Commissioner (General). Patuakhali.
3. Defendant N...... thus:- One Taramoni, the mother of defendant No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 70..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....dgment Anwarul Haque Chowdhury J. - This Rule arises out of an application under Article 102 of the Constitution read with Constitution (Partial Revived) Order, 1985 and is directed against Memo dated 15.05.1985 issued by the Senior Scale Section Officer, Ministry of Land Administration and Lan...... was leased out to them before expiry of the previous lease and hence void and the said fishery was settled with the Basirpur Fishermen's Co-operative Society Ltd. By way of extension without any notice to the petitioner. The petitioner thereafter filed a Writ petition being Writ petition No.19 ......howdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&he..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....te Party No.1. Civil Revision Case No.83 of 1983. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and decree dated 23.1.1983 passed by the learned Additional District Judge, 2ad Court, Patuakhali in Titl......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......nal District Judge, 2ad Court, Patuakhali in Title Appeal No.22of 1981 reversing those of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....e Hussain Mohammed Habibur Rahman J.—This Rule was issued on 24.11.85 at the instance of the accused petitioner calling upon the Deputy Commissioner. Chittagong to show cause why the order dated 10.11.85 passed by the Sessions Judge, Chittagong in Sessions Trial Case No.103 of 1981 reject......on 30 September 1985 on stopping the trial as the trial was not concluded before 30 September 1985. 5. For clear understanding of section 8 of Ordinance No.XXXVII of 1983 it is necessary to notice the fact that by Ordinance No.XXIV of 1982 (read with Ordinance LX of 1982) section 339C......e and the trial should not be stopped and the accused petitioner should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case for the prosecution is that on 29.10.78 at 17.00 hours in village Jahanpur, P.S. Fatickchari accused..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....r the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dhaka in Cri......not arise and consequently the accused respondent could not be held to be guilty for not obtaining such permission for want of any practical scope for such permission. But the learned Judge failed to notice article 6 of P.O. 7 of 1972 which expressly provides as follow: "Notwithstandi......1 under section 6(5) (b) of the Muslim Family Laws Ordinance 1961 was set aside and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
.... the opposite party in order to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner......s an apparent disclosure of an offence of cheating. But in order to assess the complaint petition properly the other parts of the statements in the same complaint petition shall have also to be taken notice of. In paragraph 2 of the complaint petition it has been stated. "that as huge amou......min-Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....fore the Election Tribunal and Munsif, Parshuram cited a number of allegations prominent amongst which are as follows:— i) The opposite party No.1 was less than 22 years of age on the date of election. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified......of the second point advanced by the learned Advocate for the petitioner. 16. Regarding the rejection of 293 ballot papers cast in favour of the opposite party No.1, the appellate Court below has noticed that the bags containing the ballot papers were opened us 7.8.64 and the counting was made o...... to have been elected having obtained 3270 votes. The petitioner secured the second highest number of votes, namely 2957. The petitioner then preferred Election Tribunal Case No.6 of 1984 before the Election Tribunal and Munsif, Parshuram cited a number of allegations prominent amongs..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....82 Md. Abul Hashem, Officer-in-charge of Purba Baraghona, Thana Procurement Centre of the Directorate of Food lodged an F.I.R. with Banshkhali P.S. stating that as per movement programme No.8920 dated 20.11.81 by the District Controller of Food, Chittagong accused Haji Momtaz Meah, Inland Boat ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......ng upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther o..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....h, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Rajshahi, for specific performance of contract dated 5. 8. 1970. The contract was for selling the residential house of the appellant to the respond......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......the High Court Division, Rangpur Bench, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Rajshahi, for specific performance of contract dated 5. 8. 1970. The contract was for selling the residential ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
.... pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai on 16.11.76 to the effect that he made G.D. Entry No.138 dated 5-11-76 regarding kidnapping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry t......ed. Writ Petition along with the judgment delivered by the High Court Division shall also abate." 4. Thereafter the accused petitioners obtained the present Rule on 9.1.83. It was noticed by this Court on 1.4.85 that in spite of abatement of Criminal Appeal No.13 of 1981 the accu......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....ld with regard to Kadghar Primary School Centre. The Election Tribunal after taking evidence in the matter set aside the election of that centre and ordered for fresh polis, by its judgment and order dated 19.11.84 against which the elected Chairman i.e. the opposite party Abul Bashar Majumder prefe......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure involves a minor point of law. 2. The petitioner Muktad Hossain Majumder filed Election Tribunal Case No.4 of 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of th..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....er section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/84 L.S. dated 28-6-84 passed order for withdrawal of the cases and the detenu accordingly was released from ......wers Act. In the detention order dated 27.2.85 bearing Memo No.835-MHA/Sec. (1) passed by the Ministry of Home Affairs no ground whatsoever has been stated. In the other order of detention it will be noticed that the detaining authority has stated that the detenu was being detained with a view to pr......f the Penal Code, Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Kaloo K......ode to inflict sentence of fine simultaneously with the substantive sentence of imprisonment ordinarily the double sentence should not be inflicted unless necessary in the interest of justice. It was noticed that the Magistrate did not award any compensation to the complainant and accordingly i......ioner. Md. Fazlul Karim, with M. A. Tariq— For the Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolit..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
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