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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.       ...... 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 ......—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ......ong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ourashavas to perform all the functions as provided under the Muslim Family Laws Ordi­nance, 1961 and the Rules made thereunder within their respective areas". 15. This notification was published in the Bangladesh Gazette Extra Ordinary on 20th November, 1972. In view of this notificat......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 ...... for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......Jagannath Shah Road, Dhaka within same P.S. and a dead child was barn to them on 1.6.76. The said marriage is still subsi­sting and during such subsidence of the mar­riage the accused married one Most. Rahima Khatun, daughter of Md. Kashem Ali on 14.9.78 without the consent of the appellant ..

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.  .......  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...... governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......late Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed. J M. H. Rahman J Abdul Awal……………………………..Petitioner Vs Abdul Mannan & another..................Respondents Judgment March ..

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.         ......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......;I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ......gh Court Division (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..

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. ....... 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...... will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... (Criminal Revisional Jurisdiction) Present: Latifur Ragman J Amin Ur Rahman Khan J Mrs. Shahar Banoo Ziwar Sultana Beyad………………Petitioner Vs. Mrs. Wahida Khan & 5 others………………Op..

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.                   ...... 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 ......Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Resul......; ..

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.     ...... 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......dul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......al Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment ..

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. ......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. ......d. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......ipt of Tk. 6,000/- as advance the baina-patra was executed. It was agreed that after obtaining the necessary Income Tax Clearance Certificate, etc., the sale deed would be executed. Since it was not done, the res­pondent brought the suit for specific perfor­mance of contract. 3. The trial cou..

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

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

.... including cancellation of bail matter". 6. The learned Advocate appearing for the accused petitioners submits that Ordinance No.XL of 1977 amending the Special Powers Act, 1974 having been published in the Official Gazette on 23.8.77 came into force on that date and that by this amending ...... 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,......bdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......Bench) (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 Judgmen..

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.           ......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......         ......bsp; ..

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)

....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......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....... This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......) (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgmen..

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

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... Lawyers Involved: M. Fazlul Karim—For the Appellants. First Miscellaneous Appeal No. 30 of 1985. Judgment Md. Abdul Jalil J.— This appeal is directed against the order dated 21.8.85 passed by the learned Subordinate Judge, Patiya in Partition Suit No.270 of 1984...... Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......ion passed against them earlier and the plaintiffs-appellants already filed an application for tak­ing action against them for violation of Court's order of injunction. The defendant also cut one Jam tree and one big palm tree in viola­tion of the order of status quo and they kept the pl..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ......sh;For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rah­man J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial ...... 38 DLR (HCD) (1986) 111.               ......rac12; mile away from the house of his father-in-law P.W.3 Khuillya Mean. Lutfunessa was murdered in the night of 5.9.83. On 6.9.83 when P.W.3 Khuillya Meah was taking tea in a tea-shop, at that time one Abdul Motaleb came and told P.W.3 Khuillya Meah that his daug­hter Lutfunessa after a quarre..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ......r the Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 K...... Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ....... M. Afzal J Latifur Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………&h..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......ariq - For the Opposite-Party No.1.  Criminal Revision No.56 of 1984. Judgment ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Ka......ut of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......Supreme Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......t No. 181 as described in lot No. 1 of the schedule of the plaint and prepare a map thereof." 4. The Trial Court also appointed an Advocate to hold inspection of the suit land and issued an order to ascertain the exact location of the septic tank, sunshed and eastern walls of the newly unf......s Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......) 3. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

....5 read as follows:- “Received the record on transfer from the Special Martial Law Court No.3, Chittagong for disposal under Notifica­tion No.264 dated 15th January, 1985 of the C.M.L.A published in Bangladesh Gazette Extra Ordinary dated 15.1.85 charge-sheet has been submitted u/s. 15...... in the F.I.R. the Customs officials searched the launch and seized 500 cartons of 555 Ciga­rettes, 150 cartons of Benson and Hedges cigarettes (in all worth Tk. 1,80,900/-), 400 pieces of Taperecorders (National Panasonic, worth Tk. 6,86,400/-), one piece of Sony Colour T.V. 20" (worth Tk.......5 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......am­mad Habibur Rahman J Md. Abdul Jalil J Abdur Razzak & others……………………………………Petitioners Vs. The State……………………&hellip..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......; For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Court,.......M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......t Ali Khan, the learned Advocate appearing for the appellants, sub­mitted that the learned Additional Sessions Judge ignored the fact that there was no eye­witness of the occurrence and that none of the appellants was said even by the prosecution to have acted or participated in the act of m..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima face case was made out then he could have referred the case for an order of the High Court Division. It is because the High Court Division exclusively exercises the po......Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......AIR 1924 Cal 1018; Ramanathas Chettiar Vs. Sivasama Subramania Aiyar, AIR 1925 Mad 39; In re: Krishnarao Ramchandra AIR 1933 Born 409. Lawyers Involved: A.P.M. Shahid, Advocat-For the petitioner. Md. Ruhul Amin, Advocate-For the opposite parties. Criminal Revision No. 196 of 19..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......h; This Rule was issued under section 561A Cr.P.C. calling upon the Deputy Com­missioner, Chittagong and accused respond­ent Nos.1 to 8 asking them to show cause why the impugned judgment and order dated 14.8.83 passed by the Sub-Divisional Magis­trate, Sadar, (North), Chittagong in P. N......charged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ...... Rahman J Md. Abdul Jalil J Sydul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………O..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1