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Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ...... (HCD) (1996) 578. ......eceiver. Thereafter by order dated 7‑6‑93 learned Magistrate directed to maintain status quo until further order. Thereafter by order dated 23‑4‑94 learned Magistrate fixed 25‑5‑94 for evidence. It appears from order dated 15‑6‑94 that the OC Cantonment Police Station prayed for ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e opposite party No. 2 to show cause why the judgment and order dated 17.2.91 passed by the learned Sessions Judge, Mymensingh in Criminal Revision No. 475 of 1990 should not be set aside. 2. The facts are, in short, that the Complaint Case No. 263(1) 90 under sections 304/109/34 of the Penal Co...... This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ...... 48 DLR (HCD) (1996) 218. ......rred to the case of Abul Hossain Sana Vs. Swalal Agarwala and State reported in 14 DLR (SC) 96. In that case the learned Magistrate discharged the accused for failure of the prosecution to adduce any evidence in spite of several opportunities. The complainant moved the Sessions Judge in revision for..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment ......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission of the original defendant that the plaintiffs were his landlord a..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....vocate before the Court No.13 which on that very date “permitted to move (the application) before any other Branch”. Where after the application was filed in this Bench. 7. After narrating the facts about the informant's petition submitted to the Deputy Commissioner and terming the allegation......………………..Accused Petitioner Vs. State………………………………………….Opposite Party Judgment August 28, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.... relevant portions of those books which we have considered above and some of the portions of the books have been incorporated in this judgment. So, considering the order as a whole and in view of the facts and circumstances as discussed above we, are of the view that impugned orders‑cannot be trea......resent: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Case No. 464 of 1994) Dr......s that the Government was satisfied that the offence as committed in the aforesaid case was punishable under section 295A of the Penal Code. But after hearing the parties and considering the material evidence on record, the Full Bench of the West Pakistan High Court held that it was a case not under..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....aid court is liable to be set aside. 10. Mr. Ahmed Ali, the learned Advocate for the plaintiff opposite party No. 1, on the other hand, contends. that in view of the materials on record and in the facts and circumstances of the case, the court of appeal below considered that the plaintiff opposit......ivil Revisional Jurisdiction) Present: Syed JR Mudassir Hussain J M. Bazlur Rahman Talukdar J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred t......Advocate appearing for the petitioner, has firstly submitted that the lower appellate court has committed error of law in passing the decree for the entire amount of dower money in the absence of any evidence that the marriage had been dissolved and which has resulted in an error in the decision cau..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of the application, may be stated as follows: 3. The Sonali B......ision (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- M......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....tainable on the ground that the contract, namely the bainapatra, having being entered into with the minor was void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Julhash Mollah (Md.) and another.......................Plaintiff‑Appellants Vs. Ramani Kanta Malo an......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
.... any basis for its satisfaction and belief that the confessional statements made by these accused appellants were true and voluntary. 16. Having considered the case on the basis of the evidence, facts and circumstances of the case, we are left with the conclusion that the prosecution has failed...... Reported in:49 DLR (HCD) (1997) 573. ...... murder of Morium. The further defence is that, a false case has been filed against the accused persons at the instance of the Chairman of the Union Parishad and member Nawab. On consideration of the evidence on record, the post‑mortem report and confessional statements, the learned Special Tribun..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....to this court may seem fit and proper. 2. Pending hearing of the Rule all further proceedings in GR No.56/91 pending in the Court of Additional District Magistrate, Gopalganj was stayed. 3. The facts, in short, are that on 31.8.91 one Md. Nasir Anwar, Inspector, Bureau of Anti‑Corruption lod......s Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
.... in Title Appeal No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the pre......also Reported in: 46 DLR (HCD) (1994) 419 ......f of the plaintiff‑appellant-petitioners, has submitted that the opposite party failed to prove his case of joint settlement in his Title Suit No. 19 of 1986 and that he could not also prove by any evidence that he took the settlement of the suit land along with his brother the petitioner but that..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......lso Reported in:49 DLR (HCD) (1997) 577. ......elsewhere by some unknown assailants and the accused have been falsely implicated at the instance of the local chairman, Nurul Islam, out of enmity. The learned Sessions Judge on consideration of the evidence on record found the six appellants guilty under sections 302, 34 of the Penal Code and pass..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....e Review Committee made in its meeting held on 3.6.92 and the Government was given the liberty to take decision in the meantime.
5. By the time while the matter is taken up for hearing some more facts have been placed by both the parties in their respective affidavits and the said facts are nec......‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
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Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....druddin Ahmed with Raquib Ahmed, Advocates‑For the Opposite Party No. 1. Civil Revision No. 9596 of 1991. Judgment Syed Amirul Islam J.— This matter arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the S..............Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that t......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
.... or passed.( Annexure‑3 to the supplementary affidavit‑in opposition of respondent No. 5). The Deputy Commissioner, Chandpur by a Memo. dated 7.10.92 wrote to the Ministry concerned stating the facts of the Hajiganj PS case No.3 dated 16.9.92 and stating also that he gave approval of arrest of...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ......on does not reveal any co-relationship between the criminal proceeding and the opinion. In the criminal proceeding however, the criminal Court will come to an independent decision on the basis of the evidence on record in the criminal case itself, as to whether the writ petitioner absconded or not, ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....f Civil Procedure has the heading "Pleadings Generally". Its rule 1 defines "pleading" which means plaint or written statement. Rule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res......as the heading "Pleadings Generally". Its rule 1 defines "pleading" which means plaint or written statement. Rule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
.... an appropriate case and check up the entire provisions of law. Now, in the instant case our concern is whether extension of the detention of the detenu 35 days before its expiry was justified in the facts and circumstances of the case. Human liberty is a very precious thing. It should not be denied...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangladesh and Others………………Respondent Judgment March 10, 19......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....he F.I.R. and I.O. P.W. 8 it is clear that they were suppressing evidence of real age of the victim girl specially her birth register and report of her medical examination about her age. In the above facts and circumstances it is difficult to rely on the evidence adduced by the prosecution and to br......ecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of ......bsp; March 8, 1994. Result: The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to procure evidence against other accused persons when prosecution is faced with the difficulty of gathering ev..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......owdhury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. Lawyers Involved: Md. A...... to this Court. He further submitted that the allegations made in the application before the Magistrate constitute a case under section 147 CrPC and merit of the case can only be decided after taking evidence and that cannot be decided either by the Sessions Judge or by this Court at this stage. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
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