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Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....time. 21. A Division Bench of this Court passed an order on 8.1.89 for bringing the detenu before it and in pursuance of that order the girl was produced before the Division Bench (Fazle Hossain Mohammad Habibur Rahman and Mahmudul Amin Chowdhury, JJ) on 21.4.89. Though the detenu was produced ......elevant time. 21. A Division Bench of this Court passed an order on 8.1.89 for bringing the detenu before it and in pursuance of that order the girl was produced before the Division Bench (Fazle Hossain Mohammad Habibur Rahman and Mahmudul Amin Chowdhury, JJ) on 21.4.89. Though the detenu was p......ision (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judg...... (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judgment ..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

....udge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......strict Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......n (Civil Revisional Jurisdiction) Present: Fazle Hossain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Circle Officer, Sutrapur.....................Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 19...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ent: Fazle Hussain Moham­mad Habibur Rahman J Kazi Ebadul Hoque J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commis­sion, Sher‑e‑Bangla Na­gar, Dhaka and others ............Re......on 2A of the Local Gov­ernment (Upazila Parishad and Upazila Administra­tion Re‑organisation) Ordinance, 1982 by notifica­tion published in the official Gazette on 6.11.89 by the Deputy Secretary, Ministry of Local Govern­ment, Rural Development and Co‑operatives. The petitioner ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......d upon the contemner No.1 Mr. Manjurul Karim, Jailor, Dhaka Central Jail, Dhaka on 6.4.89. In spite of the receipt of the order of re­lease the contemner No.1 and the contemner No.2 Mr. Mosharraf Hossain, Deputy Jailor (Detention Branch), Dhaka Central Jail, Dhaka wilfully and in­tentionally......aka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J AK Banik & Khokan Kumar Saha.................Petitioners (In both the petitions) Vs. M. Karim, Jailor, Dhaka Cen­tral Jail, Dhaka & another...................Respondent......contemners have brought our atten­tion to 3 annexures containing the Government or­ders and representations by authority thereto. By Memo No.1017(Security-1) dated 7.2.87 the Senior Assistant Secretary, Ministry of Home Affairs ad­vised the Deputy Inspector General of Prisons of all the ..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....hy;sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......ers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM M......t Division (Civil Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment M......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....to police re­mand at the time while he was forwarded before him for recording his statement under section 164 of the Code of Criminal Procedure. 25. P.W.13 Dr. Md. Jafizur Rahman attached to Mohammad Ali Hospital held post mortem exam­ination on the dead bodies of Sapan Kumar Mitra and ......was provided for him and also for two other absconding accused persons. The prosecution examined 15 witnesses including the informant and tendered 4 witnesses, such as P.W.7 Abdul Majid, P.W.8 Delwar Hossain, P.W.10 Nurul Islam, P.W.11 Ayezuddin and out of them P.W.7 was cross examined. The prosecut......l Appellate Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rah­man...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent Judgment April 26......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....Division (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Dalil Uddin Ahmed J Niropoma Ritchel..............................................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment ......endant No.1 for the agreement for sale. He also denied the suggestion of the contesting defendant that defendant No.1 had no interest in the suit land and he did not execute the bainapatra. P.W.2 Md. Hossain, P.W.3 Abdul Jabbar are all witnesses of bainapatra and they testified that the plaintiff ha...... Court Division (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Dalil Uddin Ahmed J Niropoma Ritchel..............................................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgm......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....i­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......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. ...... (Dhaka) (Criminal Revisional Jurisdiction) Present: Fazal Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Sukhendra Chandra Das..........................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Par...... (Criminal Revisional Jurisdiction) Present: Fazal Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Sukhendra Chandra Das..........................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties Jud..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....1989) 14.   ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Meah........................................Appellant Vs. Pubali Bank & ors.......................................Respondents Judgment ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ....... Lawyers Involved: Aminul Haq, Advocate- on -Record - For the Appellant. A.W. Bhuiyan, Additional Attorney General, Hassan Arif Deputy Attorney-General with him In­structed by B. Hossain, Advocate-on-Record. — For the Respondents. Criminal Appeal No. 21 of 1987. ......Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangla­desh and others.........Respondents Judgment March 20, ......, like to give my own views. 26. Appellant's husband, Syed Mokbul Hossain, was directed to be detained for three months by the order dated 27th June, 1987 of respondent 2, the As­sistant Secretary, Ministry of Home Affairs. The or­der was purported to have been made under section 3(..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....nts Judgment July 29, 1987. Lawyers Involved: Abul 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 aga......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.......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers I......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...

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....a Roy, AIR 1922 PC 241., Abhay Ram v. Jhanda, AIR 1929 (All) 910. , Thakur Magundeo v. Thakur Mahadeo Singh”, 18 ILR Cal. 647., Chockalingam v. Seethai Acha, AIR 1927 PC 252, Sham Nath Madan v. Mohammad Abdullah, AIR 1967 IJ & K) 65, Murad Biswas v. Basti Mondal, AIR 1929 Cal. 449, Munni B......ndal, AIR 1929 Cal. 449, Munni Bibi v. Tirloki Nath, 53 ILR PC 103 and Kishun Prasad v. Durga Prashad, AIR 1931 PC, 231. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, instructed...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sachindra Lal Das and others...................................Appellants Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………&......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......visional Jurisdiction Present: Fazle Hussain Moham­mad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment Novembe...... the plaintiff is malafide and motivated is not correct as the plaintiff Bank has no personal grudge against any of the defendants. He found from the various exhibits such as the letter of the Asstt. Secretary, Ministry of Law (ext.1 (A), letter of the Department of Anti-corruption Ext. A (B) and th..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......nal Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Subitri Bari………………………………Petitioner Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali...... The Rule is made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......¦â€¦â€¦..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant.  Kaiserddin Ahmed, Dep......t Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Daliluddin Ahmed J Bimalendu Bikash Roy Chowdhury J Mansur Ali.............................Accused-Appellant Vs. State……………………………………………..Respondent Judgment May 13, ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......an Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ion (Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represen­ted by the Secretary, Ministry of Land Administration and Land Refo...... Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represen­ted by the Secretary, Ministry of Land Administration and Land Reforms, and others………&hell..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....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. ......ment in respect of land of C.S Khatian No.749 in favour of plaintiff No.1. The plaintiff No.1 sold 1.22 acres to plaintiff No.2 from C.S. Khatian No.749 (S.A.902) on 6.8.68 and1.72 acres to Dr. Anwar Hossain on13.4.64. Subsequently Fazlul Karim and others pur­chased the said land from Dr. Anwar ...... Bench (Civil Rivisional Jurisdiction) Present: AM Mahmudur Rah­man J Reajuddin and another…………..............Plaintiff-Respondents-Petitioners Vs. Azimuddin @ Abdul Aziz and others…………………&h......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. ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....ving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul Kabir Chowdhury— For th......un and murdered Pro­fessor Abul Faiz. In this case the F.I.R. was lodged on 30.10.78 in the F.I.R. deceased Professor Abul Faiz's step-brother Serajul Islam falsely stated that accused Delwar Hossain killed his step-brother Professor Abul Faiz by gun shot. The Police after investigation subm...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

.......................Opposite parties Judgment February 12, 1986. Result: The Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and o......titioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Result: The Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; B......me Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....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.     ......es Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369; Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (SC) page 96; Abdus Salam Master Vs. The State, 36 DLR (AD......ction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January......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.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1