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Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....udgment have been heard together and are being disposed of by this judgment. 2. This Rule at the instance of the plaintiff-appellant petitioners was directed against the judgment and decree dated 16.4.94 and 22.4.92 respectively passed by the Subordinate Judge, Commercial Court, Barisal in......lement of the suit land along with his brother the petitioner but that both the courts below by misreading the facts and evidence, decided both the suits in favour of the opposite party and thus this decision of the learned Subordinate Judge has caused a failure of justice to the plaintiff‑petitio..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....he Appellants. Md. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Criminal Appeal No.1026 of 1991. Judgment Md. Abdul Karim J.- This appeal is directed against the Judgment and order dated 17‑6‑1991 passed by the learned Sessions Judge, Jamalpur, in Sessions Case No.58 of 1990 c...... supported by strong circumstantial evidence, such as might serve to overcome the inherent doubt by which such evidence is necessarily affected and in support of his contention he has referred to the decision in the case of Thoba and another Vs. State reported in 1963 PLD (SC) 40. It is the prosecut..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....s.
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 Annexure‑C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs,......er at the time of its promulgation. At a later stage Mr. Mashuque Hossain Ahmed, the learned Assistant Attorney‑General submitted that since Writ Petition is pending the Government postponed taking decision regarding implementation of the recommendation made by the review committee whereupon order..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....e to Appeal No. 478 of 1993]. Not Represented -Respondent Nos. 2‑5. [In Civil Petition for Leave to Appeal No. 478 of 1993]. Civil Appeal No. 84 of 1993. (From the judgment and order dated 29.8.93 passed by the High Court Division in Writ Petition No.555 of 1993). and Civi....... 7. It appears that the High Court Division, engrossed as it was in elaborately noting down the long-winded arguments of both sides, missed determining an essential fact and omitted to give its decision on some of the arguments advanced and also failed to interpret section 65(1) of the Ordinan..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....s proposed before the trial and its obstruction to normal rule of disposal can be compensated by costs to the other side. This Rule is, therefore, made absolute without costs. The impugned order dated 16.8.92 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 29 of 1990 is s......ce, but must be sound, legal and regular. Rule 17 itself directs that this discretion is to be exercised "in such manner and on such terms as may be just". In this respect there is a sea of decisions enough to puzzle a new swimmer. Rational views among them, therefore, are sunmarised as he..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....Rule is made absolute. Grounds of Detention The Government shall under Section 8(2) of the Special Powers Act 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Section 9. Commencement an......y of passing the order of detention is included in computing the period of 15 days from the date of detention and hence further detention was illegal. In support of his contention, he has relied on a decision reported in 40 DLR 207 (Saleha Chowdhury Vs. Government of Bangladesh & ors) and also o..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
....ite 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 Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 198......corporating 'Ka' schedule property in place of 'Kha' schedule property in the ordering portion of the judgment.
11. While arguing their cases the learned Advocates placed several decisions of the higher courts of the sub-continent in support of their respective cases. One such c..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....e Party Nos. 1‑2 Civil Revision No. 1750 of 1992. Judgment Md. Mozammel Hoque J. - This Rule was issued directing the opposite parties to show cause as to why the judgment and decree dated 23.6.92 and 30, 6.92 respectively passed by the learned Additional District Judge, 2nd Court, ...... 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 ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....he related this to her relatives and they took her to Palashbari Thana Health Complex and obtained a medical report. 3. The Officer‑in‑Charge Palashbari PS converted the said GD entry No.528 dated 14.5.92 into an ejaher and sent it to the Magistrate, Palashbari Upazila, which was then numbe......e cognizance so taken is only in the nature of an error in a proceeding antecedent to the trial. In such a situation section 537 of the Code of Criminal Procedure is attracted. 15. Following the decision of the Privy Council in the case of Subramanya Aya reported in AIR 25 Mad. 61(PC), for a lo..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....eogi, 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, Comilla, in Election Tribunal Case No. ......s entrusted with disposal of a election petition expeditiously. Though the Election Rules do not authorise the Election Tribunal to order recounting of the ballot papers it is now well settled by the decision of this Court (27 DLR 594) as well as of the Appellate Division (27 DLR (AD) 117, 31 DLR (A..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....t. Appeal from Original Order No.140 of 1993. Judgment Md. Abdul Karim J. - This first miscellaneous appeal at the instance of the defendant is directed against the judgment and decree dated 30.1.93 passed by the learned Subordinate Judge, First Court, Dhaka, in Arbitration Miscellane......ancelled. The learned Subordinate Judge after hearing both sides allowed the case and appointed two arbitrators from the lists submitted by both parties for settlement of the dispute and against this decision of the learned Subordinate Judge BTTB filed a revisional application being Civil Revision N..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....ed by his juniors in respect of promotion to the rank of District Adjutant. The petitioner having moved the Writ Petition No.355 of 1980 for redress, the High Court Division by its judgment and order dated 2nd February, 1982 directed the respondents to consider the case of the petitioner on the basi......DP intimating him that Review Committee was set up by the Government to review the cases of Ansars and VDP personnel who were retired/discharged/ removed/dismissed under NDO since September, 1982 and decision was also taken to review the case of the petitioner. On being asked the petitioner submitte..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....ling in whole‑sale agency business maintained a current account being No. C/A 396 with the plaintiff bank. On 12.4.68 defendant No.1 produced a railway receipt commonly known as RR being No. 946167 dated 10.4.68 signifying despatch of 225 bags of Massors weighing about 511.30 seers with bags from ......e appellant being the employer is not liable for that and the claim of the plaintiff cannot be sustained in law. In support of his contention the learned Advocate for the appellant could not cite any decision before us.
10. On the other hand, Mr. Khondker AM Mohsenuddin, the learned Advocate fo..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
.... the Respondents.
Writ Petition No. 1489 of 1988.
Judgment
Kazi Ebadul Hoque J.- In this Rule the respondents have been called upon to show cause why the notification No.SRO 365‑L/86 dated 23.9.1986 published in the Bangladesh Gazette, Additional Issue (Annexure "A") to th......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.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....his appeal under section 10 of the Criminal Law (Amendment) Act, 1958 at the instance of accused Md. Saheb Ali Miah, ex‑member of Nagarkanda Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Sp......the trial of the accused appellant for want of sanction as alleged by the learned Advocate for the appellant. In support of his contention, the learned Deputy Attorney‑General however referred to a decision in the case of Jamdhar Khan vs. state, reported in 27 DLR (AD) 35 which laid down that no s..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... 1971 with Appeal from Original Decree No. 42 of 1971.
Judgment
Kazi Ebadul Hoque J. - These four appeals by the contesting principal defendant Nos. 1 and 2 are against judgment and decrees dated 7.8.1970 passed by the Subordinate Judge, 3rd Court, Chittagong analogously in Money Suit Nos.......rotest Ext. C recorded by the master of the ship and in support of his contention he relied on sub-clauses (c) and (d) of clause 2 of Article IV of the Carriage of Goods by Sea Act 1925 and decision reported in 22 DLR 596. He further submitted that damage by sea water and rust having not b..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....f petitioners 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 Unna......the lands not covered by the aforesaid 832 acres which was finally approved by the Board of Trustees of the former Dhaka Improvement Trust in its meeting held on 27.7.66.
5. In view of the above decision, it is alleged, that the Baridhara Residential Scheme was approved to the extent of 832 acr..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
...., Advocate‑For the Respondent No.1. Appeal from Original Decree No. 72 of 1988. Judgment Kazi Ebadul Hoque J. - This appeal by the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decre......e property of her minor children though they are under her custody and as such the agreement Ext.1 is void and cannot be enforced against the minors and in support of his contention he relied on some decisions. Mr. Aulad Ali, learned Advocate appearing for plaintiff respondent submitted that in view..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....tack upon the petitioner and his companion constables, caused grievous injuries on their persons and snatched away their rifles with some ammunition. With those snatched away rifles the dacoits intimidated the passengers of the launch and looted away their various belongings and the petitioner was a......e of section 4 of the Oaths Act and the evidence having not been recorded in compliance of the provisions of the Evidence Act and the Oaths Act, the so-called evidence on the basis of which decision was taken against the delinquent is no evidence in the eye of law and those are mere statem..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....eforms and the Board called for the records which was directed to be sent by 15.8.1996 but the notice was issued on 25.9.1986 and it appears that the case was also disposed of in his absence by order dated 16.10.1986 by the Board. The order of the requisition does not disclose the purpose to be publ......under section 96 of the State Acquisition & Tenancy Act and the said application was allowed on 13.3.1986 in Miscellaneous Case No. 71 of 1981 by the learned Subordinate Judge, Lakshmipur and the decision was upheld by the superior courts. Munsurul Haque thereafter, trespassed into the suit land..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
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