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Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....s were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention was passed, that was no nexus between the mind of...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangla­desh and others.........Respondents Judgment March 20, 1988. ..

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

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

....Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal at the instance of infor­mant Firoza Begum is directed against the order dat­ed 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal No. III, Tangail discharging accu......lty to Women (Deterrent Punishment) Ordinance, 1983 read with the Special Powers Act (See Section 10 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983). 5. It further appears that the Government has not preferred any appeal against the said impugned order dated 27.4.87 passed by Spec..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………….Respondents Judgment July 20, 1987. Result: The appeal is dismissed without any order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse fin......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)

....ey General -For the Res­pondents 1-5. Baset Majumder, Advocate -For the Respondents 6-9. Writ Petition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring t......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. ..

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

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

....ated 14.9.86 passed ,by Mr. Soumendera Sarker, Subor­dinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vaca­ting the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to it......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. ..

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)

....ules and which were not connected with enemy firm as defined in sub-rule (2) of that Rule were vested in the Deputy Custodian of Enemy Property (Lands and Buildings) with effect from the date of that order. 9. The Proclamation of Emergency was, however, revoked on the 16th February, 1969 result......t and decree. 6. The principal question in this Rule is whether an Assistant Custodian Enemy Property (Lands and Buildings) can maintain a suit in 1974 in respect of the properties vested in the Government of Bangladesh under Pre­sident's Order No.29 of 1972 as amended by P.O. No.134 of..

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

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....lant.  Kaiserddin Ahmed, Deputy Attorney General—For the Respon­dent (State).  Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and order, dated 3-4-81, pas­sed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Division, ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

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

....ry situated in Baralekha Upazilla of Moulvi Bazar District when the same was eligible for fresh settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock passed an order on 15.08.1985 for settlement of the said fishery with the petitioner at 51% enhanced rate over......t of the said Memo the petitioner deposited rent for the year 1389 B.S. on 22.08.1981 and tie petitioner executed a lease deed signed by the District Fishery Develop­ment Officer on behalf of the Government of Bangladesh. It is also the cases of the petitioner that the petitioner thereafter subm..

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

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

....laintiff instituted this suit for esta­blishment of title and confirmation of possession or in the alternative for recovery of khas poss­ession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was that the su......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)

.... Fazle Hussain Mohammed Habibur Rah­man J.—This Rule was issued on 24.11.85 at the instance of the accused petitioner calling upon the Deputy Commissioner. Chittagong to show cause why the order dated 10.11.85 passed by the Sessions Judge, Chittagong in Sessions Trial Case No.103 of 1981 ......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)

....ash;For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dhaka ......t raised was that the learned Additional Sessions Judge overlooked the provision of law inas­much as after the promulgation of P.O. 7 of 1972 dissolving local Council and Municipal Committees the Government of the Peo­ple's Republic of Bangladesh by an Extra Ordinary Gazette Notification..

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

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

.....  The Code of Code Criminal Procedure 1898, (V of 1898), section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created......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.  ..

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

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

....on 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under s......li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 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)

..... Judgment Amin-Ur-Rahman Khan J.- By an applica­tion under section 435 read with section 561A of the Code of Criminal Procedure, the Peti­tioner obtained this Rule to challenge the order dated 11.6.80 passed by the Sub-Divisional Magistrate (S) Dhaka staying the proceeding of Kotw...... 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. ..

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

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

.... T.H. Khan with Md. Ruhul Amin—For the Opposite Party No.1. Civil Revisional No. 133 of 1985. Judgment Mustafa Kamal J.- This Rule is directed against an appellate Judgment and order of reversal arising out of an election petition. The Election Tribunal set aside the election ...... will vary from case to case. With regard to the School Register it has long been held that it is very common to understate the age when entering a school in order that the boy may not be too old for Government service, vide Mohammad Hashem Vs. Safdar, I.L.R. 14 (Lahore) 473. In the case of Bij Moha..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

.... 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther order or orders passed as to this Court may seem fit and proper. 2. The facts of the case are a......n 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for extension of time. Hence the case is dismissed under section 203 Cr.P.C. It may be mentioned that for the lapse of I.O. the Government is going to lose more than taka one lac. Send the copy of the order sheet to the S.P. Chi..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....100,000.00 (one lac) to the plaintiff respondents in addition to the amount of Tk, 8,500.00 paid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

.... was issued on 9-1-83 at the instance of the four accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin calling upon the Deputy Commissioner, Chittagong to show cause why the order of con­viction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal,......id order of acquittal the Gov­ernment as well as the informant preferred appeals before the Special Appellate Trib­unal. The informant appeal was numbered as Tribunal Appeal No.22 of 1979 the Government's appeal was numbered as Trib­unal Appeal No.23 of 1979. Mr. S.M. Serajul Mowla, ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....f 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of the election of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kadghar Primary School Centre. The Election Tribunal a......ally started on that application and it is a completely new matter which the appellate Court is called upon to decide. Mr. Amir Hossain submits that under the amended sec­tion 29 (4) of the Local Government Ordina­nce, 1984 the learned District Judge is requ­ired to adjudicate on the dec..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahme......ry, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2