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Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......e Referred to- State Vs. Mokbul Hossain, 37 DLR 157 Lawyers Involved: Fazlul Karim with Kazi Anwar Hossain, Advocates ‑For the Appellants. AKM Shamsul Karim, Assistant Attorney General ‑For the State. Criminal Appeal No.121 of 1985 with Govt. Appeal No.10 of 1985. ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......stances of the case would be unreasonable. It is not disputed by the defence side that the doctor who held post‑mortem examination on the dead body of victim Rafiq is now living beyond the limit of Bangladesh. It is submitted by the learned Advocate for the defence that condition laid down in sect..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......ll the disposal of the civil suit. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on- Record- For the Respondent No. 1. T......High Court Division, Dhaka under section 561A of the Code of Criminal Procedure for quashing that proceeding. 2. On 26-4-87 respondent No. 2 along with six others lodged an FIR before the Demra Police Station alleging, inter alia, that they purchased 1.07 acres of land by 7 registered deeds fr......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......hammad Abdur Rouf J. - The petitioner who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning O..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......inul Huq, Advocate-on-Record-For the Appellant. Jamiruddin Sircar, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Mr. Zinnur Ahmed, Advocate-on-Record- For the Respondent No.2 (State). Cr...... High Court Division, Dhaka refusing the prayer for ad interim stay while issuing the Rule in Criminal Revision No. 375 of 1986. 2. Respondent No. 1 lodged a First Information Report with Boalia Police Station, Rajshahi alleging that on 30.6.85 at 11-00 AM. One Md. Aslam Sarker forcibly kidnapp......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......y the Special Tribunal, Jarna1pur in Special Powers Act Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar ......uently the order of conviction and sentence is not sustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......C. we will discuss in details later on. 5. The prosecution case is that the informant P.W.1 Monindra Kumar Malakar is the father of the victim girl. He lodged First Information Report in Kaliakoir Police Station on 20.2.86 alleging, inter alia, that in the night following 15.2.86 at about 3/3-30 ......ila. Next day i.e. on Wednesday he lodged F.I.R. in the police station. When he lodged the First Information Report in police Station the girl was 12 or 13 years old. One year after independence of Bangladesh she was born. He stated that Uma Rani Malakar was his 5th issue and her horoscope was giv..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ...... men of dangerous character would rape his daughter and commit other injuries against her will. 5. On the aforesaid allegations the petitioner also lodged a First Information Report in Kaliakair Police Station on 20.2.86 under section 366A of the Penal Code vide Kaliakair PS Case No.5 of 1986 w......s much force in the contention. ........ (23) Cases Referred to- Kiron Bala Chowdhury Vs. The State, 17 DLR (Dhaka) 544; Prafullah Kumar Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh, 28 DLR 122; Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dha..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... 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. ......not be fair to deprive the defendants of the right of appeal. Case Referred to- Bangladesh Vs. Zahiruddin, 1986 BLD (AD) 180. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General ‑For the Petitioner. TH Khan with M A Wahab Miah, Advocates ‑For the Opposite Party...... 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. ......tion of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......... (9) Right of appeal – Unive..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....ntaining 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 Divisions of the Superintendent of Jails in Bangladesh ......he 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 Divisions of the Superintendent of Jails in Bangladesh through th......y the detenus were released in the forenoon. But when the detenus were about to go out of the Jail gate a fresh order of detention dated 8.4.89 was served on them by Mr. Abdul Majid, Sub-Inspector of Police, City Special Branch, Dhaka and detenus received the fresh orders of detention there. Consequ......cretary, Ministry of Home Affairs advised the Deputy Inspector General of Prisons of all the Divisions of the Superintendent of Jails in Bangladesh through the Inspector General of Prisons, Bangladesh, that the Jail authority is to release the detenu in pursuance of the order of the Suprem..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)
....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. ......jor Monwar Hossain, son of defendant No.1 A.K. Murshed, being an army personnel managed to have said SCC Suit No.5/70 transferred to Summary Martial Law Court No.25 at Narayanganj on 25.7.83 by Major General N.A. Chisty illegally by gazette Notification No.142 dated 25 July 1983 (published in t......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. ...... Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and othe..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......rrent Punishment) Ordinance, 1983 read with section 26 of the Special Powers Act, 1974 in Special Tribunal Case No.12 of 1986. 2. The complainant Mofizuddin Molla lodged an ejahar with the Kotwali Police Station, Faridpur on 11.2.86 alleging that on 9.3.86 his daughter Afroza Begum alias Belly ag......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....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. ......; Shafali Begum and another Vs. The State, 1 B.C.R. (1981) 105; S.C.R.1979 (Vol) page 417; Abdur Rouf and others Vs. The State, 38 DLR 197. Lawyers Involved: S. A. Hasan, Assistant Attorney General with Sajjad Ali Chowdhury, Assistant Attorney General—For the State. Md. Sh......ding to him no definite opinion regarding the death could he given as the dead bodies were decomposed and disfigured. 26. P.W.18 S.I. Mahmud Khan now attached to Gabtali P.S. was posted at Bogra Police Station as O.C. in 1982. He investigated the case. He stated that accused Hazrat Ali was arre......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
....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.
......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.
......is also Reported in: 43 DLR (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....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. ......kept in judicial custody as Advocate Suraiya Chowdhury submitted that she would not keep the said girl in her custody any more. The learned Sessions Judge by his order dated 3.8.88 asked the Director General of Health to take necessary steps for determination of the age of the victim girl. At this s......t. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs. Mt. Sohagan, A.I.R. 1934 Lahore ......ent:
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
Judgment
December 13, 1988.
Result:
T..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... 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. ...... 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. ...... 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. ......lbemarle Supply Company, Limited Vs. Hind and Company (1928) 1 K.B. 307, Green Vs. All Motors Ltd. (1917, 1 K.B. 625), Koone vs. Thomas (1905) 1 K.B. 136, Cree v. All Motors Ltd., (1917, 1 K.B. 625). Bangladesh vs. Mohd. Abdur Razzak and another 28 DLR (AD), Hatton V. Car Maintenance Company, Limite..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....pellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. One Md. Sekandar Ali, Assistant Inspector, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Information Report with the Kotwa......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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. ......h Kathawan Vs. Punjab AIR 1952 SC 106; Baqui Baluch Vs. Pakistan 20 DLR (SC). 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-Rec......hich was concealed in five talcum powder tin-containers. A criminal case was started against him. On the following day from the detenu's residence at Dhanmandi Residential Area the Police recovered 340 tin containers, similar to those that were found in possession of his brother A......ppellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....e under this Act without the accused being committed to it for trial but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector. This makes it clear that informant Firoza Begum could not complain directly to the Specia......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...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. ......ut it was decided conclusively and as such the subsequent suit was hit by res judicata. 14. On consideration of these two lines of decisions we find hardly any conflict on the fundamental point. General principle is that an adverse finding against a defendant when the suit is dismissed is not r......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. ..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. ......The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. A.Y. Salehuzzaman, Deputy Attorney General -For the Respondents 1-5. Baset Majumder, Advocate -For the Respondents 6-9. Writ Pe......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. ......on (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
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