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Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

.... are no longer entitled to any maintenance as claimed. 5. Plaintiff No.1 examined 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 d...... decretal amount was reduced from Taka 89,000.00 to Taka 72,600.00. The defendant-appellant was directed to pay the reduced decretal amount to plaintiff No 1 within 30 days of the receipt of the case record by the Family Court. 9. The appellant preferred Civil Revision No.2067 of 1992 against t......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ..

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.......d under section 342 of the Cr.P.C. Then the accused persons again stated that they were innocent but they did not adduce any evidence in their defence. The tribunal, after considering the evidence on record, found the present appellant guilty of the charge and acquitted the others. Being aggrieved, ......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...

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....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.......r given circumstances but the Court is not competent to exercise its inherent power in any and every matter which is not sanctioned by law. In the facts and circumstances of the case and materials on record, I am satisfied that the learned Senior Assistant Judge was perfectly justified in rejecting ......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)

....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. ......eaking of her two teeth of upper part of the mouth and bleeding injuries causing her to become senseless. 3. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that section 2(Cha) of the Nari‑O‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 ha......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

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......‘0‑Shishu Nirjatan Case No.49 of 1998 was started in the Nari‑O‑Shishu Nirjatan Bishesh Bidhan Adalat against the petitioners of Criminal Miscellaneous Case No.1554 of 1998 after receipt of the record by that Adalat. While so absconding they surrendered before this Court on 18‑3‑98 and wer...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..

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. ...... Case No.19 of 1998 challenging their detention in the judicial custody. 7. Mr. Abu Salek, learned Advocate for the accused-appellants, submits that the statements of Fatema Begum and Rina Begum recorded under section 164 CrPC by the Magistrate was a considered at the time of hearing of the app......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. ..

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. ...... 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 the plaintiffs was not only an ......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. ..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)

....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. ......uption Act. On 17‑2‑92 the learned Senior Special Judge passed the order as hereunder: "Heard the learned Counsel for the complainant. Seen the petition of complaint and other papers on record. Let a copy of the complaint petition along with the copies of other relevant papers be sent ......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. ..

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)

....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.......ted charge-sheet on 25-5-95 against the opposite parties under section 364 read with section 109 of the Penal Code. The learned Sessions Judge thereafter by the impugned order, on receipt of the case record framed charge under section 364 of the Penal Code against the opposite party No.1 only and di......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

Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)

....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. ......ate decree by way of enhancement of the amount of solatium to Taka 8,000.00 from Taka 5,000.00 with a direction that the amount should be paid within four months from the date of the judgment. The records were sent to the trial Court after disposal of the Rule, which reached the court on 13 Oct......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. ..

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. ......il. 12. P.W.8 Md. Kamaluddin Ahmed, Thana Nirbahi Officer, Dhunat, Bogra stated that in 1991 he was Magistrate at Natore. P.W.9 Korban Ali brought before him accused Afaz on 17-10-92 and he recorded his confessional statement after giving him time for reflection. He recorded the confession......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. ..

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)

....which in common parlance is called ‘Baina’ is that amount which is given at the time when the contract is concluded. It is something which is given to bind the contract, as an earnest or token of good faith and as a guarantee that the giver will fulfill his contact. In the case of HC Mills vs. T......n 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 appellant it......had no responsibility to see the estate department. This witness admitted that when Ext. 7 (31-5-86) was issued from the office of the defendant for depositing 2% earnest money he did not join in the service of the defendant. He also admitted that he was not in employment when the discussion of sale..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....was no case of abduction filed in any police station he couple, as part of an understanding with the petitioner's father decided to surrender on 29‑5‑96 to the authorities of Moulvibazar Thana is good faith of likely compromise/settlement verbally assured by Rehana's father. After the surrender ......r PS Case No. 3(6)96, (GR Case No.299/96). On 2‑6‑96 there was cross application by both the father and the husband to release Rehana Begum in their respective custody. But the learned Magistrate recorded a finding that since the case has been filed under relevant section of Nari‑O‑Shishu Ni......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..

Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ...... it was due to prevent him from doing such prejudicial activities he has been detained under section 5(1) (a) of the Emergency Powers Rules 1975. The respondents craved leave to produce the records before this court at the time of hearing. An affidavit in reply has been filed denying the a......his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ehalf of the petitioner has firstly contended that the allegations contained In the First Information Report and General Diary Entry concerned relate to the period 1968 or utmost during the tenure of service of the petitioner till 1962 and as such the learned Advocate submits that it is beyond the s..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....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. ...... 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 petitioners being in possession of the house on the basis of purchase by petit......l his transfer to the petitioner No.1 and, as such, treating the building in question as an abandoned property is wholly illegal and has violated their fundamental right to hold property. 4. After service of the Rule respondent No.2 only entered appearance and respondent No.1 has not entered appe..

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)

....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......ue to circumstances beyond his control. This application under Order 9, rule 13 CPC, out of which Misc. Case No.106 of 1989 arose, appears to have been filed on 16‑11‑89. It also appears from the record that defendant opposite party No.2 did not file any application for condonation of delay unde......rom the date of the decree where summons was duly served and within 30 days from the date of knowledge when summons was not duly served. In our case under review there is no denial of the fact of due service of summons. So, evidently this case is governed by Article 164 of the Limitation Act, which ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....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....... has taken me through the First Information Report charge framed in the case, evidence and the impugned judgment and other connected papers. He submits that in this case there is no legal evidence on record to warrant an order of conviction against the accused appellants. He further submits that the......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...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)

..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......’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- sheet and other materials on record against the accused and if so, the Adalat shall take cognizance of the case and give a hearin....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..

Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......petitioners with respect to whom the previous Investigating Officer submitted FRT were charge-sheeted. On receiving the supplementary charge-sheet the Chief Metropolitan Magistrate forwarded the case record to the Senior Special Judge, Dhaka who took cognizance against, all the charge sheeted 9 accu......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67