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Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....he following circumstances- This Rule in Criminal Revision No.4 of 1984 was obtained by the petitioner under section 561A of the Code of Criminal Procedure on 3.1.84 against the judgment and order dated 27.11.83 passed by Mr. Shah Jamshedur Rahman, Assistant Sessions Judge, Noakhali rejecting the......y criminal cases, not just petty offences, but even offences not punishable with death or with transportation or with imprisonment for a term exceeding ten years. The legislative expression of that decision was given by inserting a new section in the Code of Criminal Procedure, section 29C, cont..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......action has been introduced by the amendment and unless the amendment introduces a new cause of action which was absent initially in the plaint, the amendment should not be refused. He cited number of decisions in aid of his contention to which I shall revert shortly. 5. It is a settled law that a..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....he plaintiffs. After taking several adjournments the plaintiffs, however, on 15.1.1989 delivered the interrogatories. The Court directed the defendant to answer by 2.2.1989, But the defendant on that date filed an application under section 151 of the Code of Civil Procedure for rejection of the in......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....r the State. Criminal Revision No. 52 of 1987. Judgment Md. Abdul Jalil J.- This Rule was issued on an application filed under section 561A of the Code of Criminal Procedure against an order dated 27.5.78 taking cognizance of an offence under secs. 395 and 397 of the Penal Code by the Speci...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
.... This Rule was issued upon an application under section 115 of the Code of Civil Procedure by the petitioner who was elected Chairman of the Nalchity Upazila Parishad against the judgment and order dated 24.2.87 passed by the learned District Judge, Jhalakati in election Appeal Nos.2 of 1986 and 3......ction Tribunal has no authority to allow such amendment to give retrospective effect to the election petition long after the period of limitation prescribed by rule 44 of the said rules. Both the decisions reported in 38 DLR 435 and 1981 BLD 298 support this view of ours. Hence we are of the vie..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
.... 60 of 1985. Judgment Qazi Shafiuddin J.-Accused appellants Sawai, alias Md. Hussain, Md. Sujan and Khurshed have preferred this appeal against the Judgment and order of conviction and sentence dated 15.6.85 passed by the learned Sessions Judge, Moulvibazar in Sessions Case No.30 of 1984 con......individual liability the accused appellants having not been charged under the said section are seriously prejudiced. In support of his contention Mr. Nazrul Islam Chowdhury has placed before us the decision in the case of Suraj Pal Vs. State of Uttar Pradesh reported in AIR 1955 (SC) 419. 7. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....hey arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule Nisi challenging two Memos, namely, a Memo dated 24.4.85 (Annexure M) and a Memo dated 26.10.85 (Annexure N 1) both issued by the respondent ......tation Case Nos.91, 92 and 93 of 1979 are themselves without jurisdiction, not maintainable under section 143 of the Act and the Board has failed to address itself on this question. He has cited no decision in support of his argument. Section 143 of the Act, as amended up-to-date, is as follows..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
.... the Appellate Division. 9. The present Rules Nisi were issued on the averments, inter alia, that 8 years after the Rules were made absolute the Dhaka Municipal Corporation again served a notice dated 4.11.85 which is a common notice upon all the petitioners, in the following pro-forma, as fo......a Municipal Corporation, respondent No.2, by filing a common affidavit-in-opposition in all the Rules has sought to justify the impugned common notice on the ground as follows:- "Notwithstanding decision dated 16.4.80 in the Writ Petitions the position that obtained was that the occupants statu..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....ged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khalek and appellant No.2 Mohubullah under sectio...... 404 and AIR 1936(ALL) 833. 22. We have enlightened ourselves of the principles relating to section 101 and 106 of the Evidence Act as laid down and elaborately death with in the aforesaid two decisions cited. In the case of Ram Bhorosay Vs. Emperor reported in 1936 (ALL) 833 it is laid down ..Category: Criminal Law | Date: | Hits: 101
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....t of the observation made in Sir Hari Sankar Pal and another referred to above in this Judgment. Therefore, I have no other alternative but to review the order and re‑call the aforesaid Civil Order dated 2.8.1993, passed by SF Ahmed, J. 10. A question may arise that review lies to a Judge who p......self aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and impo..Category: Civil Law | Date: | Hits: 157
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....Mr. Serajul Huq, Assistant Attorney‑General appeared for the petitioners. Thereafter, on the prayer of the learned Advocates hearing of the Rule from time to time was adjourned and on all adjourned dates all the contemners were present in Court. On June 25, 1995 the learned Advocates for the conte...... may bark, the caravan will pass" of Krishna Ayer, J should not be adhered to. And if it is so shown it would be a premium given to a member of Subordinate Judiciary. This view finds support from the decision in the case Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 53..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
.... Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the weekly Bichitra dated 12.2.91 a tendentious report was published under the caption “যোগাযোগ মন......e for public good falls within ninth exception of section 499 of the Penal Code and on such view quashed a criminal proceedings against an editor of a weekly. In that, case reliance was placed on the decision of the Supreme Court of Pakistan in the case of Khondaker Abu Talab Vs. State reported in 1..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
.... For the Petitioner. SR Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No. 670 of 1985. Judgment Abu Sayeed Ahammed J.- This Rule was issued against the Judgment and order dated 28.7.86 passed by the Subordinate Judge, Munshigonj dismissing the Misc. Appeal.382 of 1983 af...... dwelling house or for purpose connected with agriculture or horticulture and such land within well-defined limits, whether vacant or not as are treated to be appertaining thereto." Relying on the decision of Abdul Khaleque Vs. Jadab Chandra Mali reported in 20 DLR 562 and of a Division Bench Mr...Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....arties. Civil Revision No.3571 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule was obtained by the defendant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant......irs of the deceased defendant‑petitioner but failed. He makes another submission that according to the settled principle of law a revision does not abate and in support of his contention he cited a decision in the case of Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corpo..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......vidence and riled their papers. Both the Courts below allowed pre‑emption against gift made by Ext.3 under Mohammadan Law. 4. In the aforesaid circumstances and evidence on record I am to make a decision whether the Judgments of the Courts below are legal or resulted in an error of law occasion..Category: Property Law | Date: | Hits: 127
.... of law and about 23 employees including present petitioners were terminated by the Chairman (Rector) of Bangladesh Public Administration Training Centre, Savar, Dhaka vide same letter of termination dated 17-8-97.
2. Rule was separately issued in each of above 16 writ petitions under Article 102......cannot take recourse to Rule 50(2) of the Employees Service Rule 1992. On that ground alone the impugned order of termination will be treated as without lawful authority. Learned Advocate referred to decisions reported in 46 DLR (AD) 1, 43 DLR (AD) 154, 31 DLR (AD) 298, and has shown from those deci..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding sentenc......r is also a young man. This circumstance can be treated as an extenuating circumstances. Absconding is not a reason to decide the conviction and sentence. Counsel for the condemned prisoner cites the decision in the case of State Vs. Balal Charan Sarker reported in 47 DLR 467, wherein I myself was a..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
.... to show cause as to why the proceedings of Special Case No.40 of 1992 pending in the Court of Divisional Special Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis o......ure. So, according to him, further amendment of sub-section (5) of section 167 by Act XLII of 1992 shall not affect the provisions of section 5A of the Criminal Law Amendment Act, 1958. 4. To give decision on the question raised by Mr. Amirul Islam, it is necessary to reproduce the relevant provi..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....irst Appeal No.277 of 1994 with First Appeal No.129 of 1995. Judgment Md. Abdul Aziz J.- First Appeal No.277 of 1994 has been filed by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money......least we are being swept away by the rhythm of the forceful logic and reasons of their submissions and we gave our best patience and consideration to their resourceful submissions and to the laws and decisions referred to by them with our best possible attention. In this case, the moot point is whet..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....n divorce of his niece and threatened the informant party and, as such, there might be a motive for committing the crime and that accused Bachchu called and took away the victim in the morning of the date of occurrence and that P.W.9 saw the victim along with the accused persons. But these facts are......য়রুলকে শাহাজাহানের পুকুরের উত্তর পারে নিয়ে আসি। 12. Definition of confession is by now well settled in view of the decision of the Privy Council in the case of Pakala Narayan Swami that no statement that contains se..Category: Criminal Law | Date: | Hits: 129
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