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Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
..... 3. In both the Rules respective petitioners/ petitioner were/was enlarged on anticipatory bail on the date of issuance of the respective Rule. Both the Rules having involved common question of law are being disposed of by this Judgment. 4. Informant Roni Akhter lodged FIR on 5‑1‑98 a......also Reported in: 50 DLR (HCD) (1998) 577. ......an (Bishesh Bidhan) Ain 1995 and in the charge‑sheet both the accused were shown as absconding and the Investigating Officer prayed for issuance of warrant of arrest and proclamation and attachment order against them. Nari‑0‑Shishu Nirjatan Case No.49 of 1998 was started in the Nari‑O‑Shis..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....irl named in their respective application. By the order dated 7-5-95 learned Special Tribunal Judge passed order that the said two girls were allowed to go on bail on furnishing security by two local lawyers, Mr. Probir Dhar for Rina Begum and Mrs. Rowshan Ara for Fetema Begum. 6. It appears th...... 50 DLR (HCD) (1998) 337. ...... Kowser, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.19 of 1998 with Criminal Appeal No.106 of 1996. Judgment Md. Gholam Rabbani J.- On 24-2-98 we passed order in Criminal Miscellaneous Case No.19 of 1998 that this matter should be heard along with Crimi..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....sion in Civil Revision Nos.3459 and 3460 of 1995). Judgment Latifur Rahman J. - Civil Petition for Leave to Appeal Nos.57 and 58 of 1998 are disposed of by a common judgment as the fact and law involve therein are similar. The plaintiff petitioners filed Title Suit Nos.43 and 44 of 1991 in....... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Lutful Karim and others............................Petitioners Vs. Shahidullah and others....................ondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by the high Court Division in Civil Revision Nos.3459 and 3460 of 1995). ..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....r prosecuting the accused persons solicited by memo No.1068 dated 26‑8‑92 and sent under guaranteed express post was neither granted nor refused though 31 days had expired and, as such, under the law sanction for prosecuting the accused persons was deemed to have been given and consequently issu......Case is also Reported in: 50 DLR (HCD) (1998) 575. ......t officers committed offences punishable under sections 323, 342, 352 of the Penal Code read with section 5(2) of the Anti‑Corruption Act. On 17‑2‑92 the learned Senior Special Judge passed the order as hereunder: "Heard the learned Counsel for the complainant. Seen the petition of c..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....ৈ পানিতে লাস গুম করিয়া রাখিয়াছে।” 7. In the First Information Report charge-sheet and other connected papers disclose an offence under one law but the Police submits the charge sheet under a law not attracted by the offence disclosed. The ......preme Court High Court Division (Criminal) Present: Md. Sirajul Islam J Md. Joynul Abedin J Makhon Lal Sarker……….……………..Petitioner Vs. Nihar Mondol alias Pagol and 8 others…………..………….Opposite Party Judgment January 22, 1998. Result: ...... Judgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......al J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Idris Shaikh………………….Petitioner Vs. Jilamon Bewa and others……………....Respondents Judgment December 11, 1997. ......efund Taka 20,000.00 which was paid as an advance and Taka 5,000.00 as compensation to the plaintiff within three months in default the plaintiffs suit would stand decreed in full without any order as to costs. Being aggrieved the plaintiff preferred Civil Revision No. 3503 of 1992 to the ..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... plaintiff’s tender was pending, which is the case of the defendant, knock the bottom out of plaintiff suit for specific performance of contract, for there was no agreement which was enforceable by law…………………(32 & 34) Cases Referred to- Bishun Padre Vs. Chandi Prasad....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:......th him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent Nos.1 and 2. Not represented—Respondent No.3. Civil Appeal No. 43 of 1995. (From the Judgment and order dated 12 January 1995 passed by the High Court Division, Dhaka in FA No.63 of 1992). Jud..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....egum now detained in Sylhet District Jail/Moulvibazar Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petitioner...... (HCD) (1998) 557. ......fect. 2. The case of the petitioner is, in short as follows: The petitioner No.1 Rehana Begum aged about 18 years is at present detained in District Jail Sylhet under Judicial Custody by an order dated 30‑5‑96 passed by the Magistrate, 1st Class, Moulvibazar in GR Case No.299 of 1996 c..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....use as to why the detenue Mahbubuzzaman alias Bhulu now detained at Dacca Central Jail should not be brought before this court so that it may satisfy itself that he may not be held in custody without lawful authority or in an unlawful manner. The petitioner is the sister of the detenue. The detenue ......Chowdhury J
Abdul Matin Khan Chowdhury J
Miss Rowshan Ara Ahmed.................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent
Judgment
August 24, 1977.
Result:
The Ru......respondent No. 2 that the detune had been involved in activities prejudicial to the interest of Bangladesh and thereby he had been attempting to act prejudicially to the interest, security and public order of Bangladesh and his activities had been likely to prejudice public safety and disturb law an..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......ed by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary......thing done or any action taken by or under this proclamation, or mentioned in this proclamation to have been done taken, or anything done or any action taken by or under the Martial Law Regulation or order made by me in pursuance of this proclamation." The question of ouster of jurisdiction has..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....the victim minor girl Tapati Rani alias Bobi Rany, daughter of Tapan Chandra Datta, should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful authority or in an unlawful manner and why she should not be set at liberty forthwith. 2. ......o. 4387 of 1997. Judgment Md. Mozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the victim minor girl Tapati Rani alias Bobi Rany, daughter of Tapan Chandra Datta, should not be brought before this Court so that it may satisfy itself that she is not b......oth of them to the Magistrate. An application was filed for bail for the victim girl but the learned Magistrate, instead of allowing the application for bail, sent the victim girl to safe custody and ordered for investigation into the case by the Investigating Officer. There was an order for examina..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....ing House No.7, Gulshan Avenue at serial No.42 in the 'Kha' list of abandoned buildings published in the Bangladesh Gazette dated 23rd September, 1986 should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th......is case is also Reported in:49 DLR (HCD) (1997) 432. ......tainable though they did not avail of the alternative remedy by going to the Court of Settlement constituted under Ordinance No.LIV of 1985. 9. In the result, the Rule is made absolute without any order as to cost. Inclusion of petitioners' house in question in Serial No.42 at page‑9764(1) o..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....appears to have been filed on 16‑11‑89. It also appears from the record that defendant opposite party No.2 did not file any application for condonation of delay under the appropriate provision of law at the time of filing the case under Order 9, rule 13 CPC and the learned Court has not also for......is case is also Reported in: 49 DLR (HCD) (1997) 561. ......Nasrin Parvin, Advocates ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No.1797 of 1992. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 8‑6‑92 passed by the Assistant Judge, 1st Court, Dhaka allowing the application of o..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
.... the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was framed against the accused appellants to which they pleaded not guilty and claimed to be tried and they were defended by their engaged lawyer. 4. The defence plea, as it appears from the trend of cross-examination of the prosecution......charged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......amsul Haque, Advocate- For the Appellants. MA Lat Advocate — For the State. Criminal Appeal No. 1325 of 1993. Judgment MM Ruhul Amin J.- This appeal is directed against the judgment and order of conviction and sentence dated 27-6-1993 passed by the learned Special Tribunal No.3, and As..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... As the decision not to take cognizance was taken on consideration of the materials on record there was no illegality in the impugned judgment of the said Adalat and the High Court Division erred in law in interfering with the said judgment. 6. On perusal of the impugned judgment of the said A...... ......ate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioners. Respondents—Not Represented. Criminal Petition for Leave to Appeal No. 51 of 1997 (From the judgment and order passed by the High Court Division in Criminal Appeal No. 151 of 1997.) Judgment Mustafa..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....l Law Amendment Act, it is only the Special Judge who may, if deems fit, pass necessary order for further investigation. 9. Mr. Khan’s contention is that in view of this provision of the special law i.e. Criminal Law Amendment Act, 1958 neither the Chief Metropolitan Magistrate nor any other Co......lso Reported in: 50 DLR (HCD) (1998) 143. ......sions Judge, Dhaka so far it relates to the 4 petitioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozibur Rahman and Habibullah Bhuiyan should not be quashed or such other or further orders passed as to this Court may seem fit and proper. 2. Heard Mr. Shawkat Ali Khan, the learne..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....in question are required for the construction of the residence of judicial officers of the District of Chittagong and the same is required for a public purpose. According to the learned Advocate, the law permits acquisition of land in two situations-when such land is needed presently or would be req......… Petitioner Vs. Deputy Commissioner...……………………………………….Respondents Judgment May 25, 1997. Result: The petition is dismissed. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Sections 3 & 4 The petiti...... Deputy Commissioner to accept or reject the report of the ADC on the subject. There being urgency of acquisition and consideration by the acquiring authority. There was no illegality in the impugned order…………………(5) Lawyers Involved: Mahmudul Islam, (Senior Advocate, Rafique-Ul..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... (From the Judgment and order dated 8-2-96 passed e High Court Division in Civil Revision No.3934 of 1994) Judgment Mustafa Kamal J.- What started as a limited question of law in this appeal by leave by the opposite party-appellant from the judgment and order dated 8-2-9...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);......; Rafique-ul-Huq, Senior Advocate — Amicus Curiae Dr. Kamal Hossain & Dr M Zahir, Senior Advocates — Intervenes. Civil Appeal No.30 of 1996. (From the Judgment and order dated 8-2-96 passed e High Court Division in Civil Revision No.3934 of 1994) Judgmen..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....is not an abandoned property and that having clear direction by the Court of Settlement for restoring possession of the property to the petitioner upon evicting the occupant thereof the Government in law is required to restore possession of the property to the petitioner. But in clear violation of t...... Original Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Akhtar Hossain……………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents
Judgment
March 13, 1997.
Lawyers Involved:
Salimulla......being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and to restore possession of the same to the petitioner by evicting the present occupants upon implementing the order dated 4-6-87 passed in Case No.277 of 1987 (Ka-31-Mirpurr-10-B), Dhaka, of the Court of Settle..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
.... drawing up a contempt of court proceeding. He has given a lengthy explanation which is very much unfortunate and applicable. The explanation is this that, when the contemner appeared before him, his lawyer Mr. Abdul Majid Munshi, Advocate, submitted that the Special Tribunal can dispose of the matt......ehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal and why he should not be punished accordingly. 2. In this case one Subbatara Begum is the petit......h a situation the petitioner filed an application before the Special Judge, Nari-O-Shishu Nirjatan Damon Tribunal, Barisal, on 28-9-96 and the learned Judge, on the body of the application, passed an order directing the Officer-in-Charge, Mehendiganj police station, for treating the application as F..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
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