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Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....strar shall not register a divorce of the kind known as talaq‑i-tafwooz except on the production of a document registered under the Registration Act (XVI of 1908) by which the husband delegated the power of divorce to the wife or an attested copy of an entry in the register of marriage showing tha......r J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6t...... Ahmed Ali with Md. Khurshid Alam Khan, Advocates‑ For the Opposite Parties. Civil Revision No. 698 of 1992. Judgment Syed JR Mudassir Hussain J. - By this Rule the opposite party No.1 was called upon to show cause as to why the judgment and decree dated 1.2.1992 passed by the learned Add......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
.... 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......g that the counter claim was made under the relevant provisions of the Code of Civil Procedure which is applicable in the proceedings of Artha Rin Adalat. In the present Rule the plaintiff petitioner calls in question the legality and propriety of the said order of the trial Court. 6. Mr. Khairul......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
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....................Respondent July 3, 1994. Result: The Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are allowed. Case Referred to- State Vs. Abdur Rahim Sikder, 10 DLR 61. Lawyers Involved: &nbs......peals have been heard together and will be disposed of by this Judgment. 2. Briefly stated, the prosecution case is that, on 8‑7‑90 (Sunday) at 4‑00 P.M. Shahanaz, daughter of Burhanuddin, called Morium aged about 16 years, second daughter of P.W.1 Kala Mia to their house, which is to the......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......llip;…………………………Opposite Parties Judgment May 17, 1994. Result: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta a......ief with a view to remove a cloud on his title created by the act of the defendant disputing his share; in a suit so framed declaration of title is all that plaintiff needs and he is consequently not called upon to ask for consequential relief by way of partition." Mr. Mihir Kanti Majumder......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
....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......Abdul Mannan Bhuiyan, Assistant Attorneys‑General‑For the Respondents.
Writ Petition No. 1350 of 1989.
Judgment
Habibur Rahman Khan J.—This Rule Nisi was issued by this Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexur...... to the effect that pendency of the writ petition shall not stand as a bar against taking decision of the Government regarding implementation of the recommendation of the Review Committee made in its meeting held on 3.6.92 and the Government was given the liberty to take decision in the meantime.
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
.... 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...... Civil Court. It is a well-settled proposition of law that the right to review is a substantive right but this power is not an inherent power. Such a power must be conferred by law either specifically or by necessary implications. A review under Order 47 Rule 1 C.P.C. does not lie before the Ar......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)
....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......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. ......s in certain circumstances. Then comes section 65 authorising the Government to suspend the Chairman in certain circumstances and also authorising the Union Parishads to suspend a member at a special meeting. Section 65(1) of the Ordinance is as follows: "65. Suspension of Chairman and members ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....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) ......s shall 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......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......p;……………………Respondent Judgment March 8, 1994. Result: The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to pro......zul Islam and Azad forcibly took away her to the house of appellant Zakir Hossain from Natore road for the purpose of marrying her and confined her in the hut of accused Zakir by closing the door and called in P.W. 2 marriage registrar Nurul Islam and accused Lutfor snatching away the marriage regis......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....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. ......etitioner and there is likelihood of breach of peace over the same. The learned Magistrate after receipt of the said application by order dated 31.1.91 directed the parties to maintain status quo and called for enquiry report from Assistant Commissioner (Land) and subsequently by order dated 30.5.91......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
...., 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......r the petitioner
Moinul Huq, Advocate—For the Opposite Party Nos. 1 & 2.
Civil Revision No. 3305 of 1992.
Judgment
Mahmudul Amin Choudhury J.— This Rule was issued calling upon opposite parties 1-4 to show-cause why the order dated 23.11.92 passed by the learned S...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
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Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....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......fail Ahmed with AKM Shamsul Haque, Advocates‑For the Petitioners. JK Paul, Advocate-For the State. Criminal Revision No. 1115 of 1992. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of the Sessi......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. ..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....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......pears as Law Secretary of Bangladesh Awami League. Writ Petition No. 186 of 1994. Judgment Mohammad Ismail Uddin Sarker J.- This Rule Nisi was issued at the instance of the petitioner, calling upon the respondents to show cause why they should not be directed to comply with the direct......ision of law or the convenience and inconvenience of the city dwellers. 3. That to create awareness about obligation of the candidates and the people at large the petitioner organised discussion meetings and circulated hand bills requesting all concerned to abide by law and to refrain from poll..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....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......man,Emaduddin Chowdhury and Probir Neogi, Advocates—For Respondent No. 2. Writ Petition No. 995 of 1993. Judgment Kazi Ebadul Hoque J. — In this Rule, respondents have been called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Com...... 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. ......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......nsation in money is an adequate relief and further a contract which runs into such minute or numerous details that the Court cannot enforce specific performance of its material terms cannot be specifically enforced. In this connection he has referred to the case of Messers MP Ali Mia & Sons Vs. ......d experiment by preparing 10,000 telephone Ad 1000 telex bills In the letter dated 3.11.88 addressed to the Director (Finance & Accounts) of BTTB the respondent Company requested him to arrange a meeting of their representatives with the Chairman, Member (Finance), Director (Revenue) and Directo..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....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)......Petitioner. Md. Altafur Rahman, AAG—For the Respondents. Writ Petition No. 251 of 1990. Judgment Habibur Rahman Khan J. – This Rule Nisi was issued by this Court calling upon the respondents to showcause as to why they shall not be directed to review the order o...... 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
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
.... 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 ......d was seriously prejudiced thereby and further the ingredients of the said charges were not proved by examining any prosecution witness and therefore the conviction as passed on the basis of the so‑called admission of guilt by the accused appellant was wholly bad and illegal and the same should be......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. ..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
......……………………………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......tioners invoking the jurisdiction of the High Court Division under Article 102 of the Constitution. Rules Nisi of the same nature and under the same terms were issued by this Court on different dates calling upon the respondents to show cause as to why the public notice issued by Rajdhani Unnayan Ka...... scheme called 'Banani Model Town' and remaining 2417 acres of land were kept by the DIT for development of 'Baridhara Residential Scheme'. The case of the petitioners are that in the meeting of the Board of Trustees of former DIT held on 15.2.64 it was decided that the said implemen..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....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...... agreement Ext 1 by defendant No. 1 on their behalf has been admitted but payment of Tk. 1, 00,000.00 by the plaintiff as earnest money to defendant No. 1 under the said agreement has not been specifically denied though D.W.1 denied to have received the same on her deposition. On the other hand plai...... 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. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
.... 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. ......at Ali, AAG—For the Respondents.
Writ Petition No. 737 of 1989.
Judgment
Habibur Rahman Khan J. — At the instance of the petitioner Mohammad Ayub Ali a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders of dismissal of the petitio......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
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