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State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....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 materials disclosed by the petitioner before it that the criminal proceeding which is bei......patory 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 materials disclosed by the petitioner before it that the criminal proceeding which is being or ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....on allegations by the accused In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts dis......used In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts disclosed in the FIR are not......ized, and whether the case of the petitioner falls within the immunity and the petitioner is entitled to avail of the scope of amnesty are questions of fact and be decided at the time of the trial on evidence and on comparison and verification of the seized arms with those that are exempted under th..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....y executed and registered and, as such, the suits are to be dismissed. 4. Mr. Moksumul Hakim, learned Advocate appearing for the plaintiff-petitioners submits that judgment of this Division some facts were not reflected as those were not argued by the learned Advocate for the petitioner at the ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J AM Mahmudur Rahman J Lutful Karim and others..................................Petitioners Vs. Shahidullah and others......R......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
.... the accused petitioners under sections 9(kha) and 14 of the Act. 6. Petitioners thereupon moved this Court and have obtained this Rule. 7. Learned Advocate for the petitioners submits that facts stated in the FIR and in the police report and that facts stating which charge under sections ...... This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....beyond the period of iddat for an indefinite period, that is to say, till she loses the status of a divorcee by remarrying another person”, is supportable or not both on merit as well as in the facts and circumstances of the case. We have had a prolonged hearing of the appeal in course of whic......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&......on Bench the defendant-appellant was not represented by his engaged Advocate. 11. The learned Judges of the High Court Division found in the impugned judgment that the parties did not adduce any evidence upon which the amount of monthly maintenance can be determined and fixed, but the Court was..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....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.......ant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers ......g poison as a result of her mental agony because her father took a second wife after divorcing her (Sahara’s) mother. Their further case is that no dowry was demanded by them. After the prosecution evidence was closed, the accused persons were examined under section 342 of the Cr.P.C. Then the acc..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....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 the subject matter of File No.3/Dar/932. The origi......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 199......binet Division that investigation and punishment should not be undertaken or given on the basis of anonymous letter against Government Servants unless there is specific mention about the incident and evidence that the public servants are involved in such cases. It is apparent from the Annexure itsel..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....is illegal, malafide and without jurisdiction; that upon a complaint filed by respondent Nos. 3 and 4, respondent No. 6 as enquiry officer submitted a motivated report by suppressing certain relevant facts and managed to have the subsequent committee approved; that respondent No. 3 Md. Fazlul Huq Ga......fuzur Rahman J
MA Aziz J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners as complainants instituted a su...... affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......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...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....t marriage or vice versa" as held by the Appellate Division in 46 DLR (AD) 169 and there is no scope for giving meaning to the said word as defined in section 2 of the said Act. 17. In the above facts and circumstances we are of the view "যৌতুক" (dowry) has been used in section 11 of ....... Bakul Rani Pramanik; 46 DLR 290. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Attorney‑General in‑charge, M Faruq, Deputy Attorney‑General and Munshurul Huq Chowdhury, Deputy Attorney-General with MA Rouf, Assistant Attorney‑General ......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....ate for the petitioner, giving a background of the case, has submitted that there was a previous Trade Mark case in respect of the self‑same property between the same parties. Having considered the facts and circumstances of the case the Court below earlier granted injunction in the said Trade Mar......urt High Court Division (Civil) Present: Syed JR Mudassir Husain J Social Marketing Company…………………………..Plaintiff Petitioner Vs. Universal Pharmaceuticals Ltd. and another………………………….Opposite Parties Judgment June 4, 1998. Result: ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....efore this Court the case record was received by the Court below and possibly warrant of arrest and proclamation and attachment as prayed for by the police was issued by the Court below. In the above facts and circumstances we find no cogent reason on their part for not surrendering before the Magis......also Reported in: 50 DLR (HCD) (1998) 577. ......of the said Ain which is punishable with imprisonment for life or imprisonment upto 14 years which shall not be less than 5 years. Before the petitioners/petitioner enter upon defence and adduce evidence it is not possible at this stage to decide which version of the case is true or false. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....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. ...... 50 DLR (HCD) (1998) 337. ...... 8. From the impugned order dated 4.9.95 under appeal we find that the learned Special Tribunal Judge did not consider the statements recorded under section 164 CrPC, but on consideration of the evidence of P.Ws. recorded under section 161 CrPC he came to the conclusion that there were sufficie..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ....... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Lutful Karim and others............................Petitioners Vs. Shahidullah and others....................ed copies of those two impugned kabalas were produced by both the parties which were marked as Exhibits 1 and 1(Ka) by the trial court. The trial court accepted those documents and admitted them into evidence. From the evidence on record it has transpired that Charag Ali, predecessor-in-interest of ..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....parties No.2 to 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 p......preme Court High Court Division (Criminal) Present: Md. Sirajul Islam J Md. Joynul Abedin J Makhon Lal Sarker……….……………..Petitioner Vs. Nihar Mondol alias Pagol and 8 others…………..………….Opposite Party Judgment January 22, 1998. Result: ......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...Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....ot true being contrary to other evidence on record. 22. In view of our above finding the reference cannot be accepted as the accused is not guilty under section 302 of the Penal Code. But in the facts and circumstances of the case and evidence on record we find him guilty under Part I of sectio...... State…………….......................Petitioner Vs. Afazuddin Sikder………………..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorne......ght that his sister’s husband had murdered her. Then he went to the PS and lodged the FIR Ext. 1. Then police came to the place of occurrence. In cross-examination he stated that he did not get any evidence as to who had murdered his sister. He went there accompanied by his mother, sister, P.W.6 M..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)
....contract enforceable in law. 9. In the appeal taken by the defendant, the High Court Division in the impugned judgment dated 12 January, 1995 observed, inter alia, that: “In view of the facts and circumstances of the case and the evidence on record of both the parties and in view of th....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:...... appeal taken by the defendant, the High Court Division in the impugned judgment dated 12 January, 1995 observed, inter alia, that: “In view of the facts and circumstances of the case and the evidence on record of both the parties and in view of the submission of the learned counsel for the ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
....pposition has been sworn by one Abdul Hakim Talukder, Section Officer, Ministry of Home Affairs, Government of Bangladesh Who has stated in the affidavit in opposition that he was conversant with the facts and circumstances of the case and he was dealing with the record of the case and as such was c......Chowdhury J
Abdul Matin Khan Chowdhury J
Miss Rowshan Ara Ahmed.................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent
Judgment
August 24, 1977.
Result:
The Ru......d some persons being equipped with unauthorized arms for which Pabna P. S. case No.12 (7) (72) u/s. 148/323 B.P.C. was started but the said case ended in Final Report for want of sufficient evidence as the witnesses did not dare to give evidence against the detenue and his associates. On 2..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....cedure 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 facts necessary for the disposal of this Rule may be stated as follows: The accused-petitioner was a......ed 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 facts necessary...... the proceeding has been initiated under Regulations 11 and 12 of the Martial Law Regulations which cover offences of any time prior to the promulgation of Martial Law in 1975 provided there is legal evidence to prove such offences. For this submission the learned Deputy Advocate-General has re..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....treating their property as abandoned property and inclusion of the same in the 'kha' list of abandoned buildings are violative of the aforesaid fundamental right of the petitioner. 8. In the above facts and circumstances we are of the view that inclusion of petitioners' house in question in the ......is case is also Reported in:49 DLR (HCD) (1997) 432. ......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
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