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Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ...... damages and compensation. 5. The plaintiff petitioner on 19.10.91 filed an application in the trial Court for rejecting the prayer of counter claim on the ground that Artha Rin Adalat Ain, 1990 empowers only Bank and some other specified Financial Institutions to institute suit for recovery of l......irul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- Mr. Zahlrul Islam Vs. National bank Ltd. and others in CPSLA No. 251 and 318 of 1993 1994 (11......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ...... Ramani Kanta Malo and another.......................Defendant‑Respondents Judgment July 25, 1994. Result: The appeal is dismissed. Cases Referred to- Ashraf Ali Vs. Elim Ali and others, 11 DLR 185; Rajubala Dasi Vs. Nidhuram Pandit and o......contract by a minor is not maintainable on the ground that the contract, namely the bainapatra, having being entered into with the minor was void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attrac..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......einstatement of the petitioner in his service. There is no dispute with regard to the constitution of the review forum and the report submitted by the forum. The dispute has arisen with regard to the power and jurisdiction of the Ministry as to whether the Ministry is competent to take a final decis......
Result:
The Rule is disposed of.
Lawyers Involved:
SS Halder with Rabindra Ghose, Advocates‑For the Petitioner.
Mashuque Hossain Ahmed with Abdul Mannan Bhuiyan, Assistant Attorneys‑General‑For the Respondents.
Writ Petition No. 1350 of 1989.
Judgment
Hab...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ...... April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that the Artha Rin Adalat will follow the ..................................Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......ion was taken solely on the ground of pendency of a criminal case against the writ petitioner but the impugned order does not reveal what relationship the criminal proceeding has with the exercise of power by him as Chairman of the Union Parishad and how die criminal proceeding is likely to be preju......¦â€¦â€¦Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appeal is dismi......a member of the Parishad, was elected as the Acting Chairman during the leave of absence of the writ petitioner. The writ petitioner sent a Memo dated 20.9.92 to the Deputy Commissioner, Chandpur for granting approval of leave and also sent a copy thereof on 24.9.92 to the Joint Secretary of the con..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... be made, as may be necessary for the purpose of determining the real questions in controversy between the parties." 4. This rule 17 has got two distinct parts. The first part may be called discretionary provision, gives discretion to the court (by using the word "may") to allow ......t would have been to convert the suit into a different suit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscribed by the law of limitation in the following cases eve...............Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) ......at any stage” in the rule. 8. In case the court finds that the proposed amendment is necessary for determining the real questions in controversy between the parties, such amendment must be granted and there is no discretion for the court in this regard. In 54 CWN 445, the plaintiff brough..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......of Criminal Procedure to this Court without deciding the case on merit. 5. Mr. Majibar Rahman, the learned Advocate appearing for the opposite party submitted that the learned Sessions Judge has power to set aside any order passed by the learned Magistrate if it is found illegal in exercising o...... Vs. Mainuddin Hossain Chowdhury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. ......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....of the section. It no doubt says that when a clerical or arithmetical mistake is discovered in the decree, the Court may at any time correct it. The word 'may' in the section does not make it discretionary with the Court to order the correction but merely enlarges the power of the Court by p......, where it has been held that where a mistake has crept into the description of an item of property in the plaint schedule and the mistake has been carried over in the decree, the Court certainly has power to correct the error in the decree. It has also been held that if the court is satisfied that ......er
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve B...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......e Code of Civil Procedure a representative suit can be filed with the permission of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all concerned. Absence of a regular permission of the Court renders the proceeding untenable in l......ntiffs are the petitioners before this court. The plaintiffs instituted the aforesaid suit claiming themselves as representatives of the local area for a declaration that the no objection certificate granted by the Deputy Commissioner, Khulna, for construction of a cinema hall was illegal and withou..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......estion arises whether the proceeding against the petitioners pending in the Court of the learned Sessions Judge, Gaibandha should be quashed on the ground that the investigating Police Officer had no power to investigate the non‑cognizable offence without the order of a Magistrate as provided in s......ellip;…………………………Opposite Party Judgment February 3, 1994. Result: The Rule is discharged. Cases Referred to- Abul Hossain Vs. the State 35 DLR 200; Abdur Noor alias Noor Miah Vs. State, PLD, 1958 (Dac......e sheet against the petitioners on 23.6.1992. 6. On 9.7.92 the accused petitioners surrendered before the learned Magistrate and petitioner No. 2, who claimed to be a minor girl of 13 years, was granted bail. The petitioner No.1 was also granted bail by the learned Sessions Judge, Gaibandha lat..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......ads and footpaths and also directed to remove the same. The learned Advocate further submitted that the Election Commission has already incurred huge expenditure and has mobilized the necessary man‑power for the purpose of election which is scheduled to be held on 30th January 1994 and if the elec......ip;…Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the State. Dr. Ahmed Hussain, Advocate&mda......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......is a material issue before the Election Tribunal and the Tribunal is satisfied from evidence on record that recounting is indispensably necessary for deciding the case. 11. Election Tribunal has power to decide a question before it rightly as well as wrongly. A court of appeal can only correct ............Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule is discharged. Cases Referred to- 27 DLR 594; (27 DLR (AD) 117, 31 DLR (AD) 296; 32 DLR (AD) 186; 38 DLR (AD) 275. Lawye...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......Appellant Vs. Lithi Enterprise Ltd..............................................Respondent Judgment January 17, 1994 Result: The appeal is dismissed. Cases Referred to- Persumal & ors. Vs. Government of Pakistan & ors., PLD 1960 (Karachi) 690; Mst. Umd......e of law. In this view of the matter, the Rule was discharged. Against this order, the BTFB filed civil petition for leave to appeal No. 368 of 1992. Their Lordships of the Appellate Division did not grant leave to appeal leaving these questions for decision by the learned Subordinate Judge. These q..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......he Deputy Secretary, Ministry of Home Affairs and communicated to the petitioner vide Memo No. 828 dated 22nd February, 1983 intimating him that the Chief Martial Law Administrator in exercise of the powers conferred by Martial Law Order No. 9 of 1982 was pleased to retire the petitioner from servic......etary, President Secretariat and others...........Respondents Judgment January 16, 1994. Result: The Rule is made absolute. Cases Referred to- Mahtabuddin Ahmed Vs. Principal Secretary, President's Secretariate Dhaka 1990 BLD (AD)...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......n Sarker J
Kazi Ebadul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another……………………......roperty; that the disputed property was not treated as abandoned property when petitioner's vendor was in possession and the petitioner purchased the disputed property relying upon the permission granted by the respondent No.2 for sale of the same by the vendor to the petitioner and as such the ..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ...... utilise the rest sum of Taka 7131.41 and in spite of reminders he did not return and deposit the said amount of Taka 7,131.41 in the Government account and thus being a public servant by misusing of power he misappropriated the said amount of Taka 7,131.41, and thereby committed an offence under se......p;……………………………Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR ...... obtain his bail from the Court of the learned Upazila Magistrate and on 10.7.1990 when the case record was received by the learned Special Judge he appeared before the Court and on his prayer he was granted fresh bail by the learned Special Judge. The learned Sessions judge‑in‑charge and Specia..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......……………………………Respondents
Judgment
November 22, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 13 DLR 804 ; Akhtarudd......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......he suit. 3. The suit was contested by the minor defendant Nos.2-4 by filing a joint written statement through their guardian mother defendant No.1 stating, inter alia, that defendant No.1 had no power or authority to enter into an agreement to sell the suit property at the time mentioned in the......…………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs......s that mother defendant No.1 got herself appointed guardian of the person and properties of the minors including the suit property in Act VIII Case No. 610 of 1984 as already noticed and she was also granted permission during pendency of the suit to sell minors' share of the suit property. But t..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
...... of the person charged placed on record, the officer conducting the enquiry after taking into consideration the previous character of the person charged, make an order or recommend to the authority empowered to pass an order. Mr. Khan having drawn our attention to the requirement of recording eviden......ary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. ......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......partment it is held that:
"It was held by this Court in Ralli Brothers Vs. Province of East Pakistan and others that the Authority requisitioning or acquiring property, under the compulsive power of the Act, must indicate definitely what part of the land is required by them. If they want a......
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
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