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Enayet Vs. State, 1996, 25 CLC (HCD)

....etment, be punishable with the punishment provided for the offence. 17. Where the act aided and in consequence of such aid the crime is committed the moment the aid or is caused the abetment is complete but this is not what has actually been stated in section 9 of the Cruelty to Women (Deterre......dvocate ‑ For the Appellant. SA Hasan, Assistant Attorney General ‑ For the State. Criminal Appeal No.2493 of 1993. Judgment Qazi Shafiuddin J.- Accused Enayet has been tried and found guilty by the Senior Assistant Special Tribunal, Barisal in Special Tribunal Case No.22 of......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

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

.... 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. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ......of the girl made under the influence of the accused and on her physical appearance, which could be deceptive, that the girl was above 18 years of age and that the High Court Division failed to pass a proper order in the interest of the minor girl and also for a fair trial for the grave offence commi...... 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

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

....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. ......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- Md. S......id not consider the materials on record and legal aspect of the case and came to wrong decision occasioning failure of justice. He further submits that the petitioner submitted the bill of entry with proper assessment for clearing 25 NIT but he got delivery of only 18.225 MT with a deficit of 6.775 ......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

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

....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. ...... This Case is also Reported in: 48 DLR (1996) 76. ......nd others, reported in 1971 Supreme Court Cases (Cri) 446 and Pranab Kumar Mitra Vs. State of West Bengal and another reported in AIR 1959 Supreme Court 144 that when the High Court thinks it fit and proper it may take action suo motu against the order passed by any subordinate Court. But we do not ......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

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

....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. ...... 48 DLR (HCD) (1996) 218. ......ka accepting charge‑sheet No.367 dated 26.12.90 in connection with Gulshan PS Case No.23(9)88 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 27.9.88 ASM Abdul Karim Bhuiyan, Anti‑Corruption officer of the Bureau of Anti ......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)

....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. ......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ...... and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63.......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

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

....A is also a public document and it requires no formal proof. Moreover a reference may be made to the provision of section 20 of Family Courts Ordinance, 1985 and the same is quoted below to find a complete answer to the argument of the learned Advocate for the petitioner. Section 20 reads as foll......ivil Revisional Jurisdiction) Present: Syed JR Mudassir Hussain J M. Bazlur Rahman Talukdar J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred t......quate maintenance could not be invoked. (2) That the first impugned order was illegal inasmuch as the proceedings were taken against the petitioner ex parte by an Arbitration Council which was not properly constituted, besides the order appears to have been passed by the Chairman in his personal ......h regard to past or arrears of maintenance their Lordships held in the following Language: The competency of the courts of today which have stamped into the shoes of the kazees for the Purposes of adjudication of these matters follows as a necessary corollary therefrom. The mere fact the a neglec..

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

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

....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. ......ision (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- M......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. ......case of Mr. Zahlrul Islam Vs. National bank Ltd. and others in CPSLA No. 251 and 318 of 1993 reported in 1994 (11) BLT SC (AD) 23 that Artho Rin Adalat is a special forum created by a Special law for adjudication of suits which can be the filed by a Bank or a Financial institution for recovery of it..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)

....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. ......s Case is also Reported in: 48 DLR (1996) 55. ......istrict Magistrate, Gopalganj, taking cognisance of an offence after submission of final report should not be quashed or such other or further order or orders passed as to this court may seem fit and proper. 2. Pending hearing of the Rule all further proceedings in GR No.56/91 pending in the Cour......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)

....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     ......also Reported in: 46 DLR (HCD) (1994) 419     ...... Suit No. 395 of 1984), the defendant‑opposite party as plaintiff filed Title Suit No.19 of 1986 against this petitioner as defendant for declaration of his title in 8 annas share of the total suit property of 0.09 decimals of land and also for a declaration that the decree dated 15.7.59 passed in......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)

....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. ......lso Reported in:49 DLR (HCD) (1997) 577. ......Mahbub Hossain, learned Advocate for the appellants, had assailed the impugned Judgment and order of conviction and sentence as bad in law. He submits that the learned Sessions Judge failed to make a proper appreciation of the evidence and failed to consider that there was no chance of recognition o......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)

.... 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   ......‑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 passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit......ed by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner Mr. Zamir Ahmed was posted as Assistant Director, Administration, of ...... 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)

....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   ..............Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that t......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   ......Petition for Leave to Appeal Nos. 251 and 318 of 1993 reported in 1994 (II) BLT SC (AD) 23 wherein their Lordships observed, "The Artha Rin Adalat is a special forum created by a special law for adjudication of suits which can be filed by a bank or a financial institution for recovery of its du..

Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....nt of the written statement the defendant sought to introduce a case that Sarjubala who claimed her title under a Will was only a residuary legatee and as the administration of that will was not then completed plaintiff could not acquire title to the property. The amendment was allowed as it was nec......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res......at previously another such application was allowed and so again an application obstructs normal rule of disposal. 2. The petitioner has instituted a suit for declaration of his title to the suit properties described in twelve schedules and for permanent injunction. There are six defendants. Def......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangla­desh and Others………………Respondent Judgment March 10, 19......now detained in the Dhaka Central Jail should not be brought before this Court to be dealt in accordance with law and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner Mrs. Samirunnessa is the mother of the detenu Md. Asadur Rahman @ Nab......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......Jurisdiction) Present: Mahmudul Amin Choudhury J Mahfuzur Rahman J Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner Vs. Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties Judgment February 24, 1......y suit for realisation of Taka 1, 40, 52,942.00 for damages as rent, cost of the machineries, etc. It is also the case of the plaintiff-petitioner that the defendants mortgaged 'Kha' Schedule property as security for carrying out obligations under the lease. 3. Before the trial Court op...... review because its variation was neither set up by the parties nor the variation in mode of payment flowed from the judgment, so as to reflect in the decree which is mode of formal expression of the adjudication made by the Court. The Privy Council says, it is imperative that it should conform to t..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)

.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ......l Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule......ase No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as to this court may deem fit and proper. 2. In this case the petitioner, Redwan Ahmed was elected as member of the Parliament el...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ..

Category: Election Law | Date: 25 Jan, 1994 | Hits: 2

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ......tion) Present: Habihir Rahman Khan J Mohammad Fazlul Karim J SM Wadud.....................................Petitioner Vs. Principal Secretary, Presi­dent Secretariat and others...........Respondents Judgment      January 16, 1994.......b-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The facts given out in the application, in brief, are as follows: The petitione...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....but he did not do so. The Assistant Engineer connected with the said project took measurement of the work of the Project and he also informed that work of the project worth of Taka 37,868/59 was only completed. The accused Saheb Miah, Upazila Project Chairman did neither deposit the said afores......ip;……Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqu......nspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote to the Government for proper sanction for prosecution for the accused being a public servant and waited for the, same befo......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ......(1994) 23 ......cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation. This shows that the carrier will be responsible for making proper arrangement for the safe carriage of the goods carried by it. 12. Clauses (c) and (d) of......inued and prosecuted by or against the Pakistan National Shipping Corporation represented by their existing local agent in Bangladesh, namely, Bangladesh Shipping Corporation and, as such, for proper adjudication of the appeal, Pakistan National Shipping Corporation should be added as respondent. It..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4