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

.... (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 (In both...... (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 (In both......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. ......ons) Judgment June 11, 1989. Result: The Rules are made absolute. Lawyers Involved: S.S. Halder, Advocate —For the Petitioner (In both the petitions) Moksudur Rahman, Advocate—For the Contemner-Respondents (In both the petitions). Contempt Petition..

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)

....recorded as Government khas lands." It is allegedly signed by Major Md. Emran Hossain, Captain Mirza Md. Arshaful Haque and N/ Sub. Akbar Hossain. This is also allegedly con­firmed by K.M. Abdul Wahed, Major General, Zonal Martial Law Administrator on 15.4.84. 11. In Martial Law R......recorded as Government khas lands." It is allegedly signed by Major Md. Emran Hossain, Captain Mirza Md. Arshaful Haque and N/ Sub. Akbar Hossain. This is also allegedly con­firmed by K.M. Abdul Wahed, Major General, Zonal Martial Law Administrator on 15.4.84. 11. In Martial Law R......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. ......ously 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)

....y and valuables from the truck and also with the intention to hijack the truck bearing No.Jessore T-813 hired the same at Kalitola within Bogra town on the plea of bringing rice from Santahar at 11.A.M. on 11.10.82. The truck left Bogra town at 1 or 2 A.M. on 12.10.82. Oil the way the accused person......y and valuables from the truck and also with the intention to hijack the truck bearing No.Jessore T-813 hired the same at Kalitola within Bogra town on the plea of bringing rice from Santahar at 11.A.M. on 11.10.82. The truck left Bogra town at 1 or 2 A.M. on 12.10.82. Oil the way the accused person......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. ......d in: 42 DLR (HCD) (1990)177. ..

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

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

.... (SC) page 30. But, now it is to be seen how far in the facts and circumstances of the instant case this decision will be helpful to the learned Advocate for the defendant‑petitioners. 10. Mr. M.A. Mannan, the learned Advocate for the opposite party, on the other hand, submits, referring to O...... (SC) page 30. But, now it is to be seen how far in the facts and circumstances of the instant case this decision will be helpful to the learned Advocate for the defendant‑petitioners. 10. Mr. M.A. Mannan, the learned Advocate for the opposite party, on the other hand, submits, referring to O......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

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

....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.......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.......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....... 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)

....on in the nature of Writ of habeas corpus un­der section 491 of the Code of Criminal Procedure. In the case of Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR a Division Bench consisting of S. M. Morshed and Salauddin Ahmed, JJ of the then Dhaka High Court observed as follows:— "We shoul......on in the nature of Writ of habeas corpus un­der section 491 of the Code of Criminal Procedure. In the case of Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR a Division Bench consisting of S. M. Morshed and Salauddin Ahmed, JJ of the then Dhaka High Court observed as follows:— "We shoul......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. ...... Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ..

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

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

....”For Re­spondent. Civil Appeal No. 2 of 1988. Judgement Badrul Haider Chowdhury J. — I regret that I could not subscribe to the views expressed in the judgment of my learned brother M.H. Rahman J. 2. Facts are simple: — Appellant brought the suit being Money Suit No. 1......”For Re­spondent. Civil Appeal No. 2 of 1988. Judgement Badrul Haider Chowdhury J. — I regret that I could not subscribe to the views expressed in the judgment of my learned brother M.H. Rahman J. 2. Facts are simple: — Appellant brought the suit being Money Suit No. 1...... 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.   ...... 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)

....cial Tribunal No.16 and prayed for bail. He was re­manded to jail custody and his bail matter was taken up on the 27th June, 1987 by the Tribunal. On that dale he was granted bail at about 3.30 P.M. Since the bail bond could not be executed on that, date he was sent to the Central Jail and on th......cial Tribunal No.16 and prayed for bail. He was re­manded to jail custody and his bail matter was taken up on the 27th June, 1987 by the Tribunal. On that dale he was granted bail at about 3.30 P.M. Since the bail bond could not be executed on that, date he was sent to the Central Jail and on th......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. ...... is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

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

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

....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.......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.......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.......unds 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)

....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. ......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. ......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. ...... Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

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

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......u Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

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

....756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order No.983 of 1986. Judgment Fazle Hussai......756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order No.983 of 1986. Judgment Fazle Hussai......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. ......ase is also Reported in: 39 DLR (HCD) (1987) 223. ..

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. ......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. ..

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

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

.... at page 81; AIR 1973 (SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M. Nurullah, Attorney-General, M.M. Haque, Deputy Attorney General-For Respondent No.1. T. H. K...... at page 81; AIR 1973 (SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M. Nurullah, Attorney-General, M.M. Haque, Deputy Attorney General-For Respondent No.1. T. H. K......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. ......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. ..

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

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

.....L.D. 1957 (Lah) 1951; Katikineni Venkata Gopala Narasshima Vs. Chitluri Verikataramayya, 1940 (Mad) 768; P.L.D. 1967 (Lah)1051; 19 DLR 349 PLD 1967(Lah) 2057; Santosh Kumar Chakraborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdu.......L.D. 1957 (Lah) 1951; Katikineni Venkata Gopala Narasshima Vs. Chitluri Verikataramayya, 1940 (Mad) 768; P.L.D. 1967 (Lah)1051; 19 DLR 349 PLD 1967(Lah) 2057; Santosh Kumar Chakraborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdu......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. ......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)

....ed absconding till 8.11.84 on which date he surrendered before the said Special Martial Law Court. He was allowed to go on bail. The Special Martial Law Court ceased to function from 16.1.85 as per C.M.L.A's Secretariat Letter No.6506/13/ML-2(A) dated 24.12.84. The Chairman of the Special Martia......ed absconding till 8.11.84 on which date he surrendered before the said Special Martial Law Court. He was allowed to go on bail. The Special Martial Law Court ceased to function from 16.1.85 as per C.M.L.A's Secretariat Letter No.6506/13/ML-2(A) dated 24.12.84. The Chairman of the Special Martia......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)

....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ...... Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ses. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......ses. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......in: 38 DLR (AD) (1986) 254.  ..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....uddin Qureshi Vs. The State, PLD 1963 (WP) Karachi, page 54; Meser Ali and another Vs. The State, 26 DLR (1974) at page 146. Lawyers Involved: G. S. Huq—For the Petitioner. A. K. M. Mozammel Huq Bhuiyan—For the Opposite Party No.1. Md. Nawab Ali—For the State. ......uddin Qureshi Vs. The State, PLD 1963 (WP) Karachi, page 54; Meser Ali and another Vs. The State, 26 DLR (1974) at page 146. Lawyers Involved: G. S. Huq—For the Petitioner. A. K. M. Mozammel Huq Bhuiyan—For the Opposite Party No.1. Md. Nawab Ali—For the State. ......li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ...... DLR (HCD) (1986) 105.         ..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)

.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......ase is also Reported in:38 DLR (HCD) (1986) 132. ..

Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31