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AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....n both the two cases was received by the Deputy Jailor (Detention Branch) on 6.4.89 during lock-up hours. 4. The two contemners have brought our attention to 3 annexures containing the Government orders and representations by authority thereto. By Memo No.1017(Security-1) dated 7......cretary, Ministry of Home Affairs advised the Deputy Inspector General of Prisons of all the Divisions of the Superintendent of Jails in Bangladesh through the Inspector General of Prisons, Bangladesh, that the Jail authority is to release the detenu in pursuance of the order of the Suprem......aka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J AK Banik & Khokan Kumar Saha.................Petitioners (In both the petitions) Vs. M. Karim, Jailor, Dhaka Central Jail, Dhaka & another...................Respondent......d. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....iff, that SCC Suit No.5/70 is dismissed and that the plaintiff and others be evicted from the suit land and that the suit land is distributed to defendant No.1 A.K. Murshed, one Mir Sayed Ali and the Government of Bangladesh (who are to be added as defendants 7 and 8 respectively in the plaint), tha...... Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and othe......t Division (Civil Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment M...... to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....t a dagger point, the threat to life haunting the girl althrough. But as to persons joining subsequently the judgment delivered by Nawalkishore, CJ in the relevant portion held thus:- "The learned Government advocate urged lastly that since the offence of abduction was a continuing one, and perso......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......33.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......is also Reported in: 43 DLR (1991) 79.
......igh Court Division
(Civil Revisional Jurisdiction)
Present:
Muhammad Ansar Ali J
Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others........Petitioners
Vs.
Sohrab Ali ...............................................................Opposite Party
......e judgment
In view of the amendment of the rule 5 of Order 20 of the Code of Civil Procedure, it is imperative for Trial Court to decide all the issues and then deliver the judgment in the suit. Md. Sultan Miah Vs. Sree Haradhan Saha and others 40 DLR at page 236 supports this decision.
Ca..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......ent:
Fazal Hussain Mohammad Habibur Rahman J
Mahmudul Amin Chowdhury J
Sukhendra Chandra Das..........................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
T......
(Dhaka)
(Criminal Revisional Jurisdiction)
Present:
Fazal Hussain Mohammad Habibur Rahman J
Mahmudul Amin Chowdhury J
Sukhendra Chandra Das..........................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Par......la Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs. Mt. Sohagan, A.I.R. 1934 Lahore 647; Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR; Md. Sayeedul Arefin Vs. Y.O. Gorfin A.I.R. 1916 (Privy Council) 242; Moru Devi Vs. The State or Kera..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....st consider the decision reported in 28 DLR (AD) 43 which appears at the first glance to support the appellant's case. In that case the judgment debtor obtained an order of attachment directing the Government to deposit the judgment-debtor's security-money lying with the Government. The Govern......lbemarle Supply Company, Limited Vs. Hind and Company (1928) 1 K.B. 307, Green Vs. All Motors Ltd. (1917, 1 K.B. 625), Koone vs. Thomas (1905) 1 K.B. 136, Cree v. All Motors Ltd., (1917, 1 K.B. 625). Bangladesh vs. Mohd. Abdur Razzak and another 28 DLR (AD), Hatton V. Car Maintenance Company, Limite......Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Meah........................................Appellant Vs. Pubali Bank & ors.......................................Respondents Judgment ......AIR 1926 Cal. 464, Countess of Berkeley V. R.G.W. Berkeley and others (1946) 2 All. E.R. 154, Tappenden vs. Artus (1963) 3 All E.R. 213. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For t..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... (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. ......ppellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1......Division (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, ......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. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....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......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.......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers I......bur 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 accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as fol..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
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. ......on (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment ...... Division (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgm......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)
....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. ...... Present: Fazle Hussain Mohammad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result:......visional Jurisdiction Present: Fazle Hussain Mohammad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment Novembe......223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....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......others……………………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dull......nal Jurisdiction)
Present:
Bimalendu Bikash Roy Chowdhury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali......lip;…Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Mini..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....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......(Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and ......ion (Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Refo......f Public and Urban Development and others, 1981 BLD (AD) 329; Bangladesh Vs. A.T.J. Industries, 29 DLR (AD) 181; D.F.O. South Kheri Vs. Ram Sanchi, A.I.R. 1973 (SC) 205; Chittagong Pourasava Vs. Md. Ajmal Khan, 4 BSCR page 5; E.P. Sugar Mills, AIR 1979 (SC) at page 621; Indo-Afgan Agencies Case..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. ...... or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. 2) Public records kept in Banglades...... Bench (Civil Rivisional Jurisdiction) Present: AM Mahmudur Rahman J Reajuddin and another…………..............Plaintiff-Respondents-Petitioners Vs. Azimuddin @ Abdul Aziz and others…………………&h......ri Verikataramayya, 1940 (Mad) 768; P.L.D. 1967 (Lah)1051; 19 DLR 349 PLD 1967(Lah) 2057; Santosh Kumar Chakraborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdus Satter Howlader and S.M.A. Malek—For the Petitioner. ..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. ...... James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Al...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March ...... ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....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......s 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 dated 20th November, 1972 appointed the Adminis......sent: Latifur Rahman J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali………………………&h...... Latifur Rahman J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali…………………………&he..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
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. ......mmending 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 dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent......ivision (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Amin-Ur-Rahman Khan J Shaikh Obaidul Haq..............................Petitioner Vs. The State & another............................Opposite Parties Judgment Febr......ioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qur..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. ......fic Performance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became aware of the forgery and thereupon she made an application in the Civil Court ......minal Revisional Jurisdiction) Present: Latifur Ragman J Amin Ur Rahman Khan J Mrs. Shahar Banoo Ziwar Sultana Beyad………………Petitioner Vs. Mrs. Wahida Khan & 5 others………………Opposite-Par......;…………Opposite-Parties Judgment February 14, 1986. Result: Cases Referred to- Rafique Ahmed Vs. Badiul Alam, BLD 1984 page-319; Khalilur Rahman Vs. Md. Idris, 20 DLR 1958 page 67; 49 DLR (W.P.) 7; 22 DLR 502; 25 DLR 331 Lawyers Involved: ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... 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......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......me Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February ......shem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. T.H. Khan with Md. Ruhul Amin—For the Opposite Party No.1. Civil Revisional No. 133 of 1985. Judgme..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....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......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. ......ction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January...... ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....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, ......udgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 D...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment Jan...... ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
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