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Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....83 should not be set aside 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,......ch 19, 1986. Result: The Rule is discharged. Cases Referred to- James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdu......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
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
.... Arbitration Council. Now we are to consider what will be the legal consequence of such marriage in view of the provision of Muslim Family Laws Ordinance, 1961. 10. In this connection if will be proper to quote the provisions of section 6 of the Muslim Family Laws Ordinance which are as follows......i—For 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, Dh......f the marriage the accused respondent married Rahima Khatun, daughter of Kashem Ali on 14-9-78 without taking any permission from the Arbitration Council. Now we are to consider what will be the legal consequence of such marriage in view of the provision of Muslim Family Laws Ordinance, 1961. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ecessarily, which may be ignored altogether. Inclusion of the petitioner among the list of the Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. St......section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the pe......arned Advocate contends the Magistrate did not actually take cognizance by that order; instead he directed the police to include the petitioner's name. This order, the learned Advocate contends, is illegal. The learned Advocate has pointed out that in the subsequent enquiry under section 200 Cr.P.C...Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... 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 others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. ......ion. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified to be elected as Chairman. ii) In the South Dharmapur centre the opposite party No.1 resorted to various illegal and corrupt practices in the election. Votes of dead and absent voters were cast in his f..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....der section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther order or orders passed as to this Court may seem fit and proper. 2. The facts of the case are as follows: On 2.3.82 Md. Abul Hashem, Officer-in-cha...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James 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 Refi......le of adjective law cannot be taken to destroy the operation of another rule of the same law in relation to proceedings for which the new rule does not provide which proceedings had been properly and legally initiated in accordance with that other rule and at a time when the said rule was actually i..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)
....cretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. 10. The following are cases in which the Court may properly exercise discretion not to decree specific performance:— Illustrations (i......D) (1987) 242. ......urn the advance amount by three times. This case shows the judicial anxiety to do justice when faced with the similar situation as emphasized in item-II, namely, hardship vs. hardship, qualified by legal mandate “hardship which he did not foresee' vis-a-vis no such hardship would accrue to the p..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....4/34 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 may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsara......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ...... of the Penal Code read with the Special Powers Act and sentenced each of them to suffer rigorous imprisonment for seven years. Against the said order of conviction and sentence which is said to be illegal and merely based on suspicion, conjecture and surmise the accused petitioners filed Writ Petit..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....hmed now being detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed alias Jamal Ahmed is the husband of petitioner Sultana ......irs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;......Chittagong and (3) Superintendent, Chittagong Jail, Chittagong to show cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....able future and consequently to meet the exigencies of the situation licence to practice as a legal practitioner should be liberally given to the locally available wiling educated persons giving them proper and adequate training in law for, say, nine months or a year. Hard fact is that our young Mag......—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr......or knowingly causing certain evidence connected with the murder of Lutfunessa to disappear or knowingly giving false information that she had committed suicide with intent to screen the offender from legal punishment. The accused appellant and other accused pleaded not guilty to the charges. Th..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence under section 420 Penal Code a......Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell...... receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappropriated the same. The Opposite-party No.1 was eventually tried by Mr. S.M. Abul..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence under section 420 Penal Code and ......Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T......ent receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- and illegally misappropriated the same. The Opposite-party No.1 was eventually tried by Mr. S.M. Abul Ba..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......p;……..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz M......ns Judge and Ex-Officio Special Tribunal No.1 was irregular and that the taking of cognizance of the offence u/s. 25B of the Special Powers Act by the Special Tribunal No.1 is without jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the accused petit..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....heir case is that no occurrence took place as alleged nor the accused were present or participated in any such occurrence. The informant himself got his brother Abdus Sattar murdered to grab his properties and that he has falsely implicated the two accuseds making them scapegoat only to hide hi......dash; For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Co......ged occurrence. For all these reasons it was submitted that the charge was not at all proved against the appellants and the conviction and sentence was passed without any basis or support by any legal evidence. 9. On behalf of the State, Mr. Gazi Abdul Mannan, A.A.G. supported the convicti..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
.... paddy (worth Taka 3,000/-) out of the possession of the complainant petitioner Syedul Haque Sowdagar should not be set aside or pass such other order or orders as to this Court may seem fit and proper. 2. The complainant petitioner lodged an F.I.R. on 6.12.81 at P.S. Hathazari alleging th......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,......hat the impugned order dated 15.1.83 passed in U.P. Case No.16 of 1982-83 acquitting the accused persons not having been passed by a properly constituted Village Court is without jurisdiction, illegal and contrary of law and therefore should be set aside. He concedes that the order dated 4.12.8..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....riate to state in this connection that the court before deciding the suit should enter into evidence as to misleading and deception if adduced by the parties so as to come to a definite finding for a proper decision in the suit. 12. In the result these two appeals are allowed. The judgments and......ted in: 38 DLR (HCD) (1986) 135. ......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....a Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this petition for special leave the only question is whether there was an agreement for sale of the suit property which could be enforced by a suit for specific performance of contract. 2. Facts are a......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu......ceed in an action for breach of contract if he proves that an agreement has been reached under which the defendant has made him a definite promise; that the parties thereby intended to affect their legal relations and that the defendant has broken his promise though it was supported by the prese..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......sp; ......f the Ordinance (which was substituted by the words ''360 days" by Ordinance No.LX of 1982 on 30.12.82), that in view of the aforesaid provision of law the Metropolitan Magistrate illegally and arbitrarily stopped the trial and released the accused on 26.12.82 long before the expir..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....uble of the contemner sterns from an inflated notion of his power. He thinks that he is the monarch of all he surveys and every functionary in the Upzilla must dance to his tune. He has forgotten his proper place. 32. As for the Rule in Criminal Misc. Case No.41 of 1984, we do not think that th...... The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe......rdinary civil Court of the lowest jurisdiction as before without any change in the judicial hierarchy. The U.N.O. has no supervisory, advisory or administrative jurisdiction over them. Necessary legal coverage to the Government scheme was given in the local Government Ordinance, 1982 ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....s and Judges except in special circumstances such as those provided for by section 533 Cr.P.C. If not examined in special circumstances provided for by section 533 Cr.P.C., the examination is "improper and undesirable", the Privy Council say……(15) Whether Statement of Co......rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove......istrates who recorded the confessions of the aforesaid 3 accused-appellants and of non-appellant Israil, not having been examined by the prosecution, the alleged confessional statements have not been legally proved and the said confessions are inadmissible in evidence and no conviction can be based ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....reafter they had no interest in the Executive Committee as such and I also find that in their place now members have been co-opted. Thus I find that those 10 members are not necessary & proper parties in this Rule. Hence this application under order 1 Rule 10 of Civil Procedure Code is.......Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Waz......tee of the Chamber and appointed the defendant petitioner No.2. Additional Deputy Commissioner (General), Bogra as the Administrator of the said Chamber of Commerce. The plaintiff challenged the legality and validity of the impugned order in a suit on the ground that the said order was passed i..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
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