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Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued at the instance of petitioner Sukhendra Chandra Das under section 491 Cr.P.C. calling upon the Secretary, Ministry of Home Affairs, the Deputy Commissioner Narayanganj, the Special Tribunal, Narayanganj, The Jailor, Narayanganj Jail, th......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. ......kept in judicial custody as Advocate Suraiya Chowdhury submitted that she would not keep the said girl in her custody any more. The learned Sessions Judge by his order dated 3.8.88 asked the Director General of Health to take necessary steps for determination of the age of the victim girl. At this s......t. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola 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 ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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. ......pellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. One Md. Sekandar Ali, Assistant Inspector, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Information Report with the Kotwa......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. ......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. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... AIR 1952 SC 106; Baqui Baluch Vs. Pakistan 20 DLR (SC). Lawyers Involved: Aminul Haq, Advocate- on -Record - For the Appellant. A.W. Bhuiyan, Additional Attorney General, Hassan Arif Deputy Attorney-General with him Instructed by B. Hossain, Advocate-on-Record. — For the ......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. ......h Kathawan Vs. Punjab AIR 1952 SC 106; Baqui Baluch Vs. Pakistan 20 DLR (SC). Lawyers Involved: Aminul Haq, Advocate- on -Record - For the Appellant. A.W. Bhuiyan, Additional Attorney General, Hassan Arif Deputy Attorney-General with him Instructed by B. Hossain, Advocate-on-Rec......hich was concealed in five talcum powder tin-containers. A criminal case was started against him. On the following day from the detenu's residence at Dhanmandi Residential Area the Police recovered 340 tin containers, similar to those that were found in possession of his brother A..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.......e under this Act without the accused being committed to it for trial but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector. This makes it clear that informant Firoza Begum could not complain directly to the Specia......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.......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...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. ......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. ......ut it was decided conclusively and as such the subsequent suit was hit by res judicata. 14. On consideration of these two lines of decisions we find hardly any conflict on the fundamental point. General principle is that an adverse finding against a defendant when the suit is dismissed is not r......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)
..... Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. A.Y. Salehuzzaman, Deputy Attorney General -For the Respondents 1-5. Baset Majumder, Advocate -For the Respondents......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. ......The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. A.Y. Salehuzzaman, Deputy Attorney General -For the Respondents 1-5. Baset Majumder, Advocate -For the Respondents 6-9. Writ Pe......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)
....presented by the Branch Manager Sonali Bank, Fajbari instituted Money Suit No.8 of 1979 in the first Court of Subordinate Judge, Faridpur against petitioner-defendant No.1 Nurul Hoque (Ex-Deputy Chief Cashier, Sonali Bank, Rajbari Branch and defendant opposite party No.2 Md. Shamsul Haqu......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. ......Misc. Case No.13 of 1986. In his Court one witness was examined on behalf of the plaintiff Bank and some documents were exhibited to show that the necessary papers were lying with the Deputy Attorney General (Criminal), Dhaka for filing an appeal against the order of acquittal passed in Special ca......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
....ury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others………………&he......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.
......tries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173).
Lawyers Involved:
Hemayetuddin Ahmed, Advocate -For the Petitioner.
Shamsul Alam, Deputy Attorney General-For the Opposite Party No.1.
A.K. Badrul Huq, Advocate -For the Opposite Party Nos.4, 7......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.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
.... Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Jud......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. ...... Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Dalilud......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)
....wami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M. Nurullah, Attorney-General, M.M. Haque, Deputy Attorney General-For Respondent No.1. T. H. Khan with M. A. Wahab Miah, Advocate-For Res......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. ......(SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M. Nurullah, Attorney-General, M.M. Haque, Deputy Attorney General-For Respondent No.1. T. H. Khan with M. A. Wahab M......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. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
.... Criminal Revision No. 52 of 1985. Judgment 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 Ju......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. ......9, 1986. Result: The Rule is discharged. Cases Referred to- 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 Ma...... lodged on 30.10.78 in the F.I.R. deceased Professor Abul Faiz's step-brother Serajul Islam falsely stated that accused Delwar Hossain killed his step-brother Professor Abul Faiz by gun shot. The Police after investigation submitted charge sheet on 11.1.79 against accused petitioner Ruhul Amin r..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
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. ......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. ......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. ......hich no accused is recommended to be prosecuted is ordinarily known as final report. But in fact there is no term like 'final report’ in the Code of Criminal Procedure. But this term is used in the Police Regulations to denote a report in which police after investigation do not propose to prosecut..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
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. ...... 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. ...... 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. ......y;tion 420/471/109 of the Penal Code till disposal of Title Suit No.48 of 1973 pending in the Civil Court. 2. The petitioner Mrs. Shahar Banoo Ziwar Sultan Beyed made a complaint to Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252,..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. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... The petitioner examined 5 p.ws. including himself and the opposite party No.1 examined 6 O.p.ws. including himself, O.P.w. 2 Habibur Rahman Talukder, the Presiding Officer, and O.P.W. 6 Aftabuddin, Police Officer on duty. The parties also submitted various documents. 4. The Tribunal foun..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....l No. 26 of 1985. Judgment Fazle Hussain Mohammed Habibur Rahman J.- This Rule under section 561A Cr.P.C. was issued at the instance of accused petitioner Alhaj Mamtaz Meah calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising......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. ...... The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refining......ion 203 Cr.P.C. as the Investigation Officer had not yet submitted the investigation report and that according the observation of the Upazila Magistrate he was lodging a fresh F.I.R. He requested the Police to take necessary action in accordance with law against the aforesaid boat carrying cont..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....n, AIR 1950 East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim—For the Petitioners. A.F.M. Hasan Arif, Deputy Attorney-General—For the State. S. C. Das—For the Opposite Party No.2......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. ......in 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 Delhi Cloth and General Mills Co., Ltd. Vs. Income Tax Commissioner, Delhi, AIR1927 PC 242; James Gardner Vs. Edward......-10-76 and 27-10-76 in their 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..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. ......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. ......ot a persona designata. Reference may be made of the case of Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 D.L.R (SC) 295. The District Judge is not only a Court but under section 3(17) of the General Clauses Act, 1897 the said expression means Judge of a principal Civil Court of Original Civ......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. ..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)
....s. M. F. Jayaratne, 1951 AC 66; Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105. Lawyers Involved S. C. Das with Omar Hayet— For the Petitioner. A.F.M. Hasan Arif, Deputy Attorney-General with Q.A. Hossain, Assistant Attorney-General and Amirul Kabir Chowdhury&mda......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......ne, 1951 AC 66; Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105. Lawyers Involved S. C. Das with Omar Hayet— For the Petitioner. A.F.M. Hasan Arif, Deputy Attorney-General with Q.A. Hossain, Assistant Attorney-General and Amirul Kabir Chowdhury— For the Stat......dacoity and robbery, etc. for which he was arrested on 22.10.84 by the police under section 54 Cr.P.C. while he along with his associates were moving suspiciously at the dead of night under Chandgaon Police Station. Considering his past record and his present constant threat to the peace and tranqui..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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. ......d in mysterious circumstances and that appropriate action should be taken in this matter. O.C., Anwara P.S. on receipt of said information started U.D. Case No.2 dated 6.9.83 at Anwara P.S. P.W.1 Sub-Inspector Rafiqul Islam was asked to investigate into the case. P.W.1 Sub-Inspector Rafiqul Islam ca......ovember 29, 1985 Result: The Appeal is allowed. Lawyers Involved: M. Fazlul Karim with Amirul Kabir Chowdhury —For the Appellant. Q.A. Hossain Assistant Attorney-General —For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain ......said charges. It is true that someone must have murdered the deceased woman and suspicion is that inmates of the house of the father-in-law of the deceased know who is the murderer, but the Police has failed to find out the murderer and bring incriminating evidence against the murderer and..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
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