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MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......r the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the allegations that her father was an Ex‑Chairman of Sylhet Zilla Parishad, a sitting Member of Parliament from a political party and also a politician. She was married with the petitioner on 11.10.91 for a dower of Taka 5,0..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....s the points of law are concerned in these two cases. The learned Advocates for the petitioners have taken preliminary objection in these two matters submitting that the impugned orders have inherent defect in view of the provision of Article 55(4) of the Constitution and the Rules of Business inasm......site parties to show cause as to why the order of forfeiture of the books mentioned in paragraph 3 of the application vide Memo. No. HM (Pol‑3)/book‑16/93/397 dated 8.12.93 issued by the opposite party No.2 and published in Bangladesh Gazette No.52 dated 30.12.93, Part I should not be set aside...Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....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. ......Petitioner. 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 ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
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. ......ase. It was also noticed that while sending the case on remand the first appellate Court, inter alia, directed the trial Court to examine the question whether the minority of plaintiff‑opposite party No. 2 had rendered the alleged contract for sale of the suit property invalid. Neither the tri..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ....... Shamsul Huda, Advocate‑For opposite Party No.2. Criminal Revision No. 642 of 1993. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Gopalganj and opposite party No.2 to show why the order dated 4.8.92 passed by the Thana Magistrate, Kasiani in Kasiani Pol..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
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 ......cessor of the plaintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in the Court of Munsif (now Assistant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule t..Category: Property Law | Date: 17 May, 1994 | Hits: 3
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 ...... Ahmed, Advocates‑For the Opposite Party No. 1. Civil Revision No. 9596 of 1991. Judgment Syed Amirul Islam J.— This matter arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the Subordinate Judge and Comm..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....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 ......ng shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such ..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. ......n, Advocate‑For the Petitioner. Md. Majibar Rahman, Advocate‑For the Opposite Party. Criminal Revision No. 822 of 1993. Judgment Kazi Ebadul Hoque J. - This Rule by the second party petitioner is against order dated 5.5.93 passed by the Additional Sessions Judge, Comilla in C..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....the terms of the judgment with notice to the plaintiff and the plaintiff took the certified copy of the decree and put it into execution and when they were proceeding with the execution the so-called defect came to their notice and thereafter they filed a petition for correction of the judgment. But......inst opposite parties 1-5 and also proforma defendant No. 6 for realisation of Taka 1, 40, 53,942.00, but during the pendency of the suit the plaintiff-petitioner dropped their claim against opposite party No. 5 as he has not purchased the shares of opposite party No. 1, though opposite party No. 6 ..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....chool, college, mosque, mandir and hospital within the radius of two hundred yards from that place, but in the present case, Mr. Korban Ali submits, the application for no‑objection certificate was defective inasmuch as though several other papers were annexed with the application, yet no sketch m......mself. Since it was not signed by the Deputy Commissioner himself, the No Objection Certificate has got no legal force. On this point Mr. Maqbul Ahmed, the learned Advocate appearing for the opposite party No.1, has drawn our attention to the Government file. From the Government file it appears that..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. ......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 Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....e points raised by the BTTB or the respondent company. BTTB does not seem to have rebutted the claim of the respondent company that the telex and telephone tapes supplied with the data were very old, defective and dust contaminated. Without meeting the request of the respondent company to identify t......s liable to be set aside. We do not find any substance in this contention of the learned Advocate and may refer to condition 3(Ka) of the agreement dated 26.2.88 in which it is mentioned that the 2nd party, namely, the respondent company, would use their own computer machine or any other computer ma..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 ......sions of paragraph 1(A) of MLO 9 of 1982 it appears that the Martial Law authority was competent to review any order passed under paragraph 1 of MLO 9 of 1982 on an application filed by the aggrieved party or suo motu and on such review confirm, vary or rescind such order. By inserting paragraph 1(A..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
.... dated 21.4.68. The consignments were loaded and tallied by the sender and the wagons were sealed and remitted in his presence. The consignments were booked under L condition. In consideration of the defective condition of the booking the sender executed a risk note in Form A exonerating the Railway......
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it by a party ..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....was raised before the trial Court by the defence in this case. 9. The next contention of the learned Advocate for the appellant was that the charge as framed against the appellant was materially defective and the accused was seriously prejudiced thereby and further the ingredients of the said c......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
...... under requisition for a long time. Though no period of limitation has been prescribed by law for seeking relief under Article 102 of the Constitution it has been consistently held that the aggrieved party in seeking such relief must show due diligence. Relying on the principle laid down in the case..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....nt appointment of the mother defendant No. 1 as certificated guardian of the minor defendant Nos. 2-4 and court's permission to sell the suit property in pursuance of the agreement for sale Ext.1 defect, if any, in the said agreement was cured by the conduct of the defendant No.1 and by ratifica......di's case "It is quite true that was not a case of specific performance but the principle is equally applicable to a case where the de facto quardian has entered into a contract with a third party for the sale of minor's property...............The decision of the Judicial Committee in M..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
......based on these two circumstances. A domestic tribunal is in general a tribunal composed of laymen. It has no power to administer an oath and, a circumstance which is perhaps of greater importance, no party has the power to compel the attendance of witnesses. It is not bound by the rules of evidence;..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......ip;……..Respondents
Judgment
September 7, 1993
Result:
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respond..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
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