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....s.
Writ Petition No.27 of 1990.
Judgment
Kazi Ebadul Hoque J.- This Rule at the instance of the petitioner Md. Ali Akbar was issued calling upon the respondents to show cause as to why order dated 26‑12‑89 passed by the respondent should not be declared to have been made without lawful ......en a notification in respect of that area under section 43(2) of the Act."
The aforesaid Judgment was delivered by a Division Bench of the then Dhaka High Court on 10‑8‑1964 over‑looking the decision of the Supreme Court of Pakistan in the case of Province of East Pakistan Vs. Muktagacha Ab..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....an J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11‑82 passed by the Summary Martial Law Court No.12 Chittagong in SMLC No.51 of 1982. ......a review petition on 27‑12‑82 before the then Zonal matter should be submitted to the competent Martial Law Administrator under Regulation 3 of the Martial Law Regulation No.1 of 1982. Before any decision was given by the Zonal Martial Law Administrator on the review petition, respondent No.3 Co..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....2. The case of the petitioner, in brief, is that the petitioner was appointed and authorised to perform the functions and duties of Nikah Registrar for the ward Dhaka Cantonment Board under a licence dated 8th August, 1972 granted by the Dhaka Cantonment Board as per provisions of section 5(2) of th......f the Dhaka Municipal Corporation under section 4 of the Muslim Marriages and Divorces (Registration) Ordinance (1974) and Rule 10 of the Muslim Marriage and Divorce (Registration) Rules 1975 and the decision was duly notified under order of the Hon'ble President on 3rd November, 1984. 6. The pet..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....e instance of the petitioner Dr. Mohiuddin Farooque directing the respondents to show cause why they should not be directed not to release the skimmed milk powder imported under LC No. PB/Cash/238/94 dated 7‑8‑94 by respondent No.6 as mentioned in radiation test certificate dated 8‑1-95 issued...... of, laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life." 17. From the above decisions it appears that right to life is not only limited to the protection of life and limbs but ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....igh Court Division for protection of their fundamental rights. Moreover, it was found that the petitioners had no scope for filing any application before the Settlement Court within 180 days from the date of their knowledge of the property being included in the 'Kha' list as the Settlement Court was......f Article 42 of the Constitution it is our view that the petitioners can come directly to this Court for protection of their fundamental rights even though an alternative remedy is available. Similar decision has been held in the case of Fazlal Haq Chowdhury Vs. Government of Bangladesh reported in ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......bettor has instigated another or engaged with another in a conspiracy to commit the offence. It is not necessary for the offence of abetment that the act abetted must be committed." 18. But this decision of the Supreme Court of India is in the line of the penal provision of the Penal Code where..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....peal No. 82 of 1993.
Judgment
Syed Amirul Islam J.-This First Miscellaneous Appeal at the instance of the second party appellant is directed against the judgment and decree dated 30.11.1992 passed by the Subordinate Judge, First Court, Dhaka in Miscellaneous case No.71 of ......dent to submit their claim in detail and item-wise with all related papers to the concerned Executive Engineer. The Additional Chief Engineer by his aforesaid Memo also informed that he will give his decision in the matter on getting their claim with comments of the concerned officer.
3. The co..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....tructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 1. Shamsul Haque Siddique, Advocate on Record—For Respondent No. 2. Appeal No. 8 of 1995 (From the judgment and order dated August 14, 1995 passed by the High Court Division in Criminal Misc. Case Nos. 1995 of 1995 and......f the victim girl was concerned. In a case like this, to give a final judgment on the age of the victim is to decide an aspect of the merit of the case which is decisive of the case itself. After the decision has been given that the victim girl is quite major above 18 years, can there be any purpose..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Masum and others Vs. State, 1996, 25 CLC (HCD)
....ausing hurt to P.W.4 Nurul Islam and appellant No.15 Hillal Hossain was further charged under section 323 of the Penal Code for causing hurt to P.W.2 Md. Sefatullah. 2. By the Judgment and order dated 28‑9‑92 learned Sessions Judge convicted 13 appellants including appellant No.1 Masum but ...... has a tendency to exaggerate, embroider and also to implicate falsely some other person in addition to the real offender. But even then the Court is to scan the evidence carefully so as to come to a decision as to which part is acceptable and only in case of impossibility to separate the truth from..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....the Petitioner. Writ Petition No. 1856 of 1995. Judgment AM Mahmudur Rahman J. - The petitioner, an enterprise of Bangladesh Freedom Fighters Welfare Trust, impugns the Demand Note No.1/93 dated 26.9.93 issued by the Superintendent of Customs, Excise and Vat, Rangunia Circle, Chittagong f......ct, 1991. He further submits that said demand is vague and Chairman and the Member of the Board of Revenue also did not consider the materials on record and legal aspect of the case and came to wrong decision occasioning failure of justice. He further submits that the petitioner submitted the bill o..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....o.60 of 1986 complainant opposite party alleged that for purchasing Rahim Metal Industries from the Government Master Industries Limited had to pay $46,816.93 purchased in auction on 11.5.78. On that date auction rate per pound was Taka 35.60 but the accused persons showed expenditure of taka 19,17,......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....ment Md. Abdul Karim J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 26.12.90 passed by the Metropolitan Magistrate, Dhaka accepting charge‑sheet No.367 dated 26......arge of the accused persons passed by the learned Additional Chief Metropolitan Magistrate on 12.6.90. Mr. Malek further submits that on the previous occasion the order of discharge was passed on the decision of the Government not to proceed with the case and, as such, the impugned order passed on 2..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....rties. Civil Revision No. 2526 of 1992. Judgment Syed J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant Judge, Bagerhat in Title Suit No.355 of 1969 di......nt Judge having not applied his judicial mind in to considering that the plaintiffs petitioners proved the tenancy of the said original defendants, committed error of law resulting in an error in the decision causing failure of justice. 7. Secondly, it has been submitted by Mr. Rahim that once a ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....ent DM Ansar Uddin Ahmed J.- This is an application under section 498 of the Code of Criminal Procedure by accused MA Malik for his anticipatory bail in connection with Sylhet Kotwali PS Case No.4 dated 2.3.93 under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance pending in the......ner has committed offence which is punishable with capital sentence. In support of his contention as to the requirement of new ground for subsequent application. Mr. Chowdhury has cited an unreported decision dated 14.5.94 of the Appellate Division in Criminal Petition for Leave to Appeal No.29 of 1..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.... issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak‑16/93/396, Dhaka, dated 8.12.93 published in the Bangladesh Gazette, Part‑I, dated 30.12.93, at page 420, should not...... 17 (FB) and the case of Working Muslim Mission & Literary Trust, Lahore and the Civil & Military Gazette Ltd. Lahore Vs. Crown reported in 8 DLR (FC), 110. We have gone through the aforesaid decisions of the West Pakistan High, Court as well as the Federal Court. We find some fundamental di..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
.... 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 Additional District Judge, Brahmanbaria in Family Court Appeal ......m the date of the case and thereby decreed the total amount of taka 52,999.50. Against the said decree, the petitioner referred the said Family Court appeal and the lower appellate Court affirmed the decision of the trial court but modified the decree by decreeing the entire dower money and thus the..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....tes- For the Opposite Parties. Civil Revision Case No. 9718 of 1991. Judgment Syed Amirul Islam J. - This revisional application at the instance of the plaintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Mone...... Arif that a revision does not lie from an order of the Artha Rin Adalat. Let us examine and see if his submission has got any substance. It may be stated that in construing the word "final" in many decisions of the superior Courts of this subcontinent, it has been held that the word "final" does n..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
.... Judgment ATM Afzal J.- Relying upon Mir Sarwarjan Vs. Fakhruddin Mahomed Chowdhury; ILR XXXIX Calcutta 232 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave...... decree of the trial Court after setting aside those of the Court of appeal below. 9. Mr. Moinul Huq, learned Advocate for the appellants, has submitted that notwithstanding the aforesaid decision of the Privy Council it has been held in many cases that a contract entered into with a mi..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
.... With Criminal Appeal No.494 of 1992 Judgment Md. Abdul Karim J.- Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are directed against the Judgment and the order dated 28‑3‑93 passed by the learned Additional Sessions Judge and Special Tribunal, Chittagong, ......mperative on the Court to place before the accused the salient features transpiring in the evidence in order to obtain his explanation thereon and in support of this contention he was referred to the decision in the case of State Vs. Abdur Rahim Sikder reported in 10 DLR 61. The only evidence of inv..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....posite 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 Police Station Case No.7(8)91 corres......er submitted that the Magistrate is at liberty to take cognisance upon police report even if the recommendation of the investigation officer is to the contrary. For this submission he has relied upon decisions held in Abdus Salam Vs. State 36 DLR (AD) 58 and Golam Jilani Vs. Govt. of West Pakistan 1..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
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