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Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....titioner to cross examine the said witness and to lead rebuttal evidence, if the defence so desires, and also to hear argument after examination of the accused-petitioner under section 342 Cr.P.C. afresh. 4. The accused-petitioner seeks leave to appeal from the aforesaid judgment and order of t......l previously owing to non‑availability of a vital witness. 6. Section 540 Cr.P.C. is expressed in the widest possible term and it cannot be said that the intention of the section is to limit its application to Court witnesses only. The power is available to the Court "if his evidence appears to..Category: Criminal Law | Date: | Hits: 53
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......y, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner filed the suits for recovery of the money he paid as an Insurer. An application was filed before the Admiralty Court by defendant Nos. 1 and 2 raising a preliminary ob..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....tiff's lease and settlement with the defendants were, therefore, legal. Be that as it may, that period of lease of the plaintiff having already expired with the expiry of 1379 BS and there being no fresh settlement order in his favour, the plaintiff has no subsisting interest to maintain the sui......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......g, April 27, 1988, the employer was absent and the Labour Court allowed the Complaint case ex parte, set aside the order of dismissal and ordered reinstatement with back wages. The appellant filed an application under Order 9, rule 13 of the Civil Procedure Code for setting aside the ex parte order,..Category: Labour and Industrial Law | Date: | Hits: 103
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ...... there is no basis for the lease as claimed by defendant No. 7. In the face of this evidence, we find no substance in the contention of Mr. Moksudur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
.... Ishtiaq Ahmed next submits that in case this Court dismisses the appeal the written statement filed by the appellants may be returned along with the Court fees paid so that the appellants may file a fresh written statement without the counter-claim and may file a suit against the plaintiff in a pro......ion. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. An application by a defendant under Order IX rule 13 CPC will not be entertainable unless half of the d..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....ourt that section 4 will prima facie be attracted (in a case for quashing a proceeding). (Lajpat Rai Sehgal Vs. State 1983 Criminal Law Journal, 883). 12. Difficulty arises when dowry is demanded afresh and for the first time after the marriage is solemnised. In such cases, no dowry is agreed to ......ed‑appellant is aggrieved by the judgment and order dated 20.6.93 passed by a learned Single Judge of the High Court Division in Criminal Revision No. 895 of 1993 summarily rejecting the revisional application and affirming the judgment and order dated 22.1.93 passed by the learned Additional Sess..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....Hossain, 40 CWN 83, and in that case a Single Judge of the Calcutta High Court held that "when a decree is amended under section 152 of the Civil Procedure Code, the amendment does not give a fresh start of limitation to file an appeal from the date of the amendment; the point remains as be......leave. The main question raised here is whether the limitation for filing an appeal against a decree will run from the date of the decree or from the date on which the decree has been amended on an application under section 152 of the Code of Civil Procedure, briefly the "Code". Conten..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......hearing the learned Advocate for the appellants for 3 days made the Rule absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 respondent No. 1 filed an application for restoration of the writ petition on the ground that the law clerk of the learned Ad..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......ns for special leave to appeal are directed against the judgment and order passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent No. 1 as petitioner filed an application under Article 102(1)(a)(i) of the Constitution against the Government and other proform..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......s own case that the school concerned was being run by a Managing Committee formed under Regulation 20 (1) upto 11.1.87 before expiry of which the then Headmaster of the school started questioning the application of Regulation 20(1). The writ petitioner himself nowhere made a claim that since 1987 th..Category: Property Law | Date: | Hits: 86
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......s' imprisonment made by the Additional Sessions Judge, Dhaka, under section 221(c) read with section 10(1) of the Madak Drabbya Niaantran Ain, 1990 and pending disposal of the appeal they filed an application for bail. But a learned Single Judge of the High Court Division by an order dated 22 Fe..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....16.4.92 on the ground that he was not liable to hand over charge as the offices of the Chairman and members had fallen vacant owing to their failure to take oath within the prescribed period and a fresh election should be held for those offices. 3. It was his case that section 9 of the Lo......t and respondent Nos. 5‑13 were fully paid and instructed to oppose the Rule Nisi and their submission in the Court to the contrary was without authority for which they have already filed an application to the Bar Council for taking necessary action against the learned Advocates. Leave was..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......e to the conclusion "But I am convinced that the plaintiffs have nick names and they were also known as Kiron, Hasu and Manju". Reliance was placed on Exhibit (J) which is the copy of the application for substitution filed in the partition suit by DL Ghose, brother of Roy Bahadur TL Gh..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......on in Civil Revision Nos. 146 and 147 of 1987, making the Rules absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......llow from a member's failure to attend such a sitting. The enquiry committee will follow the ordinary rules of a committee meeting. Where a member fails to be present the committee may suo motu or on application by a party interested may adjourn its meeting or carry on its proceeding to its conclusi..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... taken in the suit. The only ground taken was that the lease had expired with efflux of time. 19. The trial Court held that with the expiry of the term of lease on 31.10.84 and in the absence of a fresh agreement of lease, the relationship of landlord and tenant between the parties had come to an......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......r appeal. He can also come straight to the Tribunal against an order which is reviewable by the President within six months of the date of the impugned order. Those who will prefer review can file an application before the Administrative Tribunal within six months of the order, passed on review. In ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......Code. In that appeal defendant No, 5 was not made a respondent. On 17 December 1991 the High Court Division allowed his prayer for being added as a respondent. On that date defendant No. 5 filed an application for treating the Memo of his appeal in FAT No. 369 of 1991 as cross-objection in FA No...Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....erest for the pre‑reference period remained disputed and the question that was again raised was to what extent the decision in Jena's case (AIR, 1988) was overruled. This question came up for fresh consideration in three successive cases, all reported in AIR, 1993 (SC). These cases are Juga......eon he allowed interest at the rate of 16%, from 1 July 1984 till realisation of the money. 3. The first party to the Arbitration Proceeding, namely these respondents (contractors) filed an application before the Subordinate Judge for making the award a rule of the Court; the second party..Category: Business or Commercial Law | Date: | Hits: 98
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