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Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)

....�…………………………….(15) Lawyers Involved: SK Sinha, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Petitioner. AKM Foiz, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 1. Shamsul Haque Siddique, Advocate on Record...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......e, instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 1. Shamsul Haque Siddique, Advocate on Record—For Respondent No. 2. Appeal No. 8 of 1995 (From the judgment and order dated August 14, 1995 passed by the High Court Division in Criminal Misc. Case Nos. 1995 of 19...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..

Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56

Masum and others Vs. State, 1996, 25 CLC (HCD)

...., false in entirety is only a rule of caution and not a mandatory rule of evidence. In our country a witness has a tendency to exaggerate, embroider and also to implicate falsely some other person in addition to the real offender. But even then the Court is to scan the evidence carefully so as to co...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... for causing hurt to P.W.4 Nurul Islam and appellant No.15 Hillal Hossain was further charged under section 323 of the Penal Code for causing hurt to P.W.2 Md. Sefatullah. 2. By the Judgment and order dated 28‑9‑92 learned Sessions Judge convicted 13 appellants including appellant No.1 Masu...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..

Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39

Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- ......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......e the National Board of Revenue under section 44 of VAT Act, 1991 read with section196 of the Customs Act, 1969 stating that the demand was illegally made. The revision IM petition was rejected by an order dated 27.8.94 by the Additional Secretary, Government of the People's Republic of Bangladesh a......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..

Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131

Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)

....uashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......ivil Court has passed an order of injunction finds support from the copy of the plaint and a notice of temporary injunction issued on 29‑3‑93. From the said notice it appears that it was an ad-interim injunction. No document has been filed to show that ad-interim order of injunction is stil......dvocate ‑ For the Opposite Party. Criminal Miscellaneous Case No.826 of 1995. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the 2nd party petitioner for quashing the order dated 27‑4‑1993 passed by the Metropolitan Magistrate Dhaka in Petition Case No.253 of 1......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. ..

Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3

Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)

.... the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......pears from materials on record that petition case No.761a1/1984 was dismissed by the Chief Metropolitan Magistrate on 3.1.85 and the complainant filed Criminal Revision No.28 of 1985 against the said order of the learned Magistrate and the learned Sessions Judge by judgment dated 30.6.86 allowed the......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..

Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99

Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)

................Petitioners Vs. State and others..............................Opposite party Judgment August 1, 1995. Cases Referred to- Appa Rao Mudaliar Vs. Janakiammal, AIR, 1927 (Mad) 19 (FB); Cricket Association of Bengal and others Vs. State of West Bengal and others, 1971 Supr......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. ...... Criminal Revision No. 3017 of 1991. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Mymensing and the 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......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

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

....rt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Amir Hossain Khairati being dead his heir: Altaf Hossain and others .........Appellants Vs. Abdul Aziz Bepari ...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ....... Aftab Hossain, Advocate‑ on‑Record ‑ For Respondent Nos. 1 & 2. Not Represented ‑ Respondent Nos.3‑7. Civil Appeal No.19 of 1994. (From the Judgment and order dated 10.5.93 passed by the High Court Division in Appeal from Original Decree No.25 of 1985)...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)

.... Maulana MA Mannan and 2 Others.........................Petitioners Vs. State........................Opposite Party Judgment November 22, 1994. Result: The Rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala and State, 14 DLR (......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. ...... Judgment Md. Abdul Karim J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 26.12.90 passed by the Metropolitan Magistrate, Dhaka accepting charge‑sheet No.367 da......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. ..

Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant under them who by admitting the petitioners as the title holder and his landlords executed tenancy agreement and paid ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......BS to Jaistha 1370 BS at the previous rate fixed by the vendor of the petitioners. After some time, the said defendant tenant stopped paying rent and filed a Title Suit No.105 of 1968 and obtained an order of injunction and against the said order of temporary injunction the petitioners filed Miscell......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

MA Malik Vs. State, 1994, 23 CLC (HCD)

....�…………….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 with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhur......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. ......l Misc. Case No. 525 of 1994‑In court No.13. The application appears to have not been pressed and it was accordingly, rejected on 9.5.94 by the Bench (Md. Badruzzaman and M. Fuzlur Karim, JJ) under order as follows. "Md. Wahidullah appearing along with Mr. Asrarul Hossain, learned advocate for the......e State. Criminal Miscellaneous Case No.1402 of 1994. Judgment DM Ansar Uddin Ahmed J.- This is an application under section 498 of the Code of Criminal Procedure by accused MA Malik for his anticipatory bail in connection with Sylhet Kotwali PS Case No.4 dated 2.3.93 under section 6 of the..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....2.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......two cases, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....ly 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6th Senior Civil Judge, Ist Class, Karachi PLD 1976, 416; Sarder Mohammad vs. Nasima Bibi and others 19 DLR (WP) 50; ILR 6 Cal. 631, Baillie 447 and Hedaya 142;Rustom Ali ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......n of section 7(1) of the Muslim Family Laws Ordinance, 1961 was not complied with and the provision of section 6 of Muslim Marriage and Divorce Act, 1974 has no manner of application in this case. In order to consider this point it is necessary to refer to the aforesaid provisions of law. 12. Sec......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....f the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......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. ......Advocates- For the Opposite Parties. Civil Revision Case No. 9718 of 1991. Judgment Syed Amirul Islam J. - This revisional application at the instance of the plaintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, i......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)

....Referred to- Ashraf Ali Vs. Elim Ali and others, 11 DLR 185; Rajubala Dasi Vs. Nidhuram Pandit and others, AIR 1960 Calcutta 65; AT Raghava Chariar Vs. OM Srinivasa Raghava Chariar, ILR 40 Mad. 308 (FB); Muniya Konan Vs. Perumal Konan. Lawyers Involved: Moinul Huq, Advo......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. ......nforceable at the instance of the minor. We have, therefore, found no reason to interfere with the decision 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. ......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)

....nbsp; Sk Afzalur Rahman, Advocate ‑ For Appellants (In Criminal Appeal No.548 of 1992). Kazi Shahadat Hossain, Advocate ‑ For Appellant (In Criminal Appeal No.494 of 1992). Farid Ahmed, Advo......uddin Ahmed 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) 573. ......f 1992 With Criminal Appeal No.494 of 1992 Judgment Md. Abdul Karim J.- Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are directed against the Judgment and the order dated 28‑3‑93 passed by the learned Additional Sessions Judge and Special Tribunal, Chitta......uddin Ahmed 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) 573. ..

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)

....ted. Send down the LC records at once. Ed. This 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. ......For opposite Party No.2. Criminal Revision No. 642 of 1993. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Gopalganj and opposite party No.2 to show why the order dated 4.8.92 passed by the Thana Magistrate, Kasiani in Kasiani Police Station Case No.7(8)91 ......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)

....eque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216; Shambhu Nath Poddar Vs. Bangladesh Railway and ors, 43 DLR (AD) 82. Lawyers Involved: Shamsul Alam, Advocate—For ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......e by passing the impugned judgment. I, therefore, find that the impugned judgment does not call for any interferenceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)

.... This case is also Reported in:49 DLR (HCD) (1997) 577. ......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. ...... For the Appellants. Md. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Criminal Appeal No.1026 of 1991. Judgment Md. Abdul Karim J.- This appeal is directed against the Judgment and order dated 17‑6‑1991 passed by the learned Sessions Judge, Jamalpur, in Sessions Case No.58 of ......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. ..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

....s Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexure‑C being Memo. 83‑1 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 pass...... 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 ......ondents. Writ Petition No. 1350 of 1989. Judgment Habibur Rahman Khan J.—This Rule Nisi was issued by this Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexure‑C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Af...... 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 ..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)

....r as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......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 ......e 1 of the Code of Civil Procedure for reviewing the judgment on the ground that several amounts on different heads were required to be deducted from the decretal amount. By the impugned judgment and order dated 27.7.1991, the trial Court rejected all the grounds of review except one, which is that ......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

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