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Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....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. ......ppellant instead of depositing the amount to the Pourashava misappropriated. Upon such allega­tions Kotwali P.S. Case No. 6(10)80 was started and the Investigating Officer after investigation of the case submitted a charge sheet on 25.6.1982 against the appellant under section 409 of the Penal Code..

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. ......ischarged being infructuous. 4. Leave was granted to consider the soundness of the aforesaid proposition in view of the submission that the rule could not be discharged without de­ciding the case of detention on merit, even after revo­cation of the original order of detention which was ..

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.......stance 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 accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as fol­lows- "Accused Hormuz Ali who is..

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. ...... granted by us to consider the question whether the principle of res judicata was applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a little complicated, are not seriously disputed except in t..

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. ......e Misc. Appeal hurriedly started a V.P. Misc. Case and proceeded to complete the lease of the properties without giving petitioner any notice or opportunity of being heard. The initiation of the V.P. case and the approval of the lease in favour of the stranger respondents 6 to 9 and the declaration ..

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

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

....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. ...... strong room was op­ened by defendant No.1 Nurul Hoque and de­fendant No.2 Md. Shamsul Haque and with the said two defendants Mr. Aminul Islam entered into the strong room with a view to verify the case of the strong room in the proc­ess of taking over charge. It was detected that 2000 pieces of ..

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. ......tional District Judge, 1st Court Patuakhali in Title Appeal No.34 of 1982 affirming those passed by the learned Subordi­nate Judge, 2nd Court, in Title Suit No.4 of 1982. 2. The facts of the case lie in a narrow compass and may be stated thus:- One Taramoni, the mother of defendant No.1 Sab..

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

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

....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. ......nd sentencing him to suffer rigor­ous imprisonment for 7 (seven) years and to pay a fine of Taka 30,000/00 in default to suffer rigorous imprisonment for 3 (three) months more. 2. The prosecution case, in brief is that the accused appellant Md. Mansur Ali while employed as Store-In-Charge of Lal..

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

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

....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. ......Radhakrishna Agarmal Vs. The State of Bihar, AIR. 1977 (SC) at page 1496; AIR1973 (SC), at page 205; AIR 1975 (Madras) at page 81; AIR 1975 Madras 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 Mahmu..

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

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

....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. ......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 suite land measuring 3.15 acres ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....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.       ...... aside and the trial should not be stopped and the accused petitioner should not be released or such other or fur­ther order or orders passed as to this Court may seem fit and proper. 2. The case for the prosecution is that on 29.10.78 at 17.00 hours in village Jahanpur, P.S. Fatickchari ac..

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. ......ncil. There was also registered kabin of this marriage with Rahima and the accused respondent thus committed offence under section 6(5) (b) of the Muslim Family Laws Ordinance 1961. Cognizance of the case was taken under that section and the accused a respondent was tried upon the said charge by a F..

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

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

....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.  ......this order was erroneously interfered with, and complications were created unnece­ssarily, which may be ignored altogether. Inclusion of the petitioner among the list of the Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition i..

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

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

....li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ......of the Code of Criminal Procedure rejec­ting the petitioner’s prayer for making a refer­ence to this Court recommending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limi­ted which was the principal agent..

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. ......d about the accused's knowingly using the forged documents as genuine in the Civil Court and also for cheating. After due in­vestigation the police has submitted charge sheet and the criminal case i.e. Kotwali P.S. Case No.6(2)79 under sections 420/471/109 of the Penal Code is pending. The O..

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

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

....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ......hysical force did not allow any of the election agents of the petitioner to enter into the polling booths and created a reign of terror therein. 3. The opposite party No.1 contested the election case by filing a written objection. He denied all the material allegations of the petitioner. He den..

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

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

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ...... 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 as follows: On 2.3.82 Md. Abul Hashem, Officer-in-charge of Purba Baraghona, Thana Pro..

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)

....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. ......ed the appeal and affirmed the judgment and decree of the trial Court. 4. Leave was granted to consider the sub­missions that even if the contract was good in the facts and circumstances of the case whether the Court should have used its discretion in refusing to grant decree for specific perf..

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

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

....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......favour and along with Joy Mohan Barua, Mostafa, Sukumar Barua. Chandra Sekhar Barua and others kidnapped Putul and that he apprehends that they might have murdered Putul. Police investigated into the case and submitted charge-sheet on 17-3-77 under sec­tion 364/34 of the Penal Code in the Court ..

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

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

....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ......esh proceedings under Order 9, rule 13 C.P C. Mr. Amir Hossain submits that this is the view which has been consistently taken in respect of Tribunals set up under Spe­cial Statutes, e.g., in the case of Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331, Mo..

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