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Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....the matter to said HTNC Md. Naib Ali Akanda who on 21.12.75 issued a Memo to Loco Foreman for returning the BTO for sending it to its destination but the Loco Foreman did not return the same oil that date but returned the empty wagon oil 22.12.75. 6. It is also the case of the prosecution that ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
.... (In Criminal Petiotion for Leave to Appeal No. 91 of 1988). Criminal Appeal No.8 of 1989 with Criminal Petition for Leave to Appeal No.91 of 1988. (From the Judgment and order dated 15th June, 1988 passed by the High Court Division, Sylhet Bench, Sylhet, in Criminal Appeal No......case brought by the respondents, the complainants (of the present case) husband and son were acquitted. Had the learned Judges of the High Court Division addressed themselves to all these facts their decision on the "sameness of transaction", the alleged lack of which resulted in misjoinde..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....Muhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of the defendant‑petitioners and is directed against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court ...... the Contract Act to the serious prejudice of the defendant‑petitioners causing thereby a failure of justice. In support of his contention the learned advocate for the petitioners has referred to a decision in the case of Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑op..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......ent
AM Mahmudur Rahman J.— This reference application under section 160(1) of the Income‑Tax Ordinance, 1984 is at the instance of the Revenue formulating the following questions for our decision;
(I) Whether on the facts and in the circumstances of the case the Taxes Appellate Tri..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....uhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure on behalf of the defendant‑petitioner and is directed against the judgment and decree dated 16.2.80 passed by the learned Subordinate Judge, 2nd Additional Court, Sythet in Title Appeal ......same should be set aside, His further contention is that the learned Subordinate Judge has misread the evidence as well as the material document in this case namely Ext. A, the ekrarnama and also the decision reported in 15 DLR 634 and come to an erroneous finding to the effect that the pro‑defend..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....No. 4.
Writ Petition No. 501 of 1987.
Judgment
AKM Sadeque J.- By this Rule Nisi issued at the instance of the petitioner Aftabuddin Ahmed, the Gazette notification No.Sec 140/65/8 EPS dated 7.1.66 and sec. III/IV‑9/67/271 EPS dated 6.5.1967 and also the notice dated 10.3.81 issued ......S dated 6.5.1967 and also the notice dated 10.3.81 issued to the petitioner for his summarily eviction from the properties described in the said notice Annexure G purporting to be in pursuance of the decision in an earlier Writ Petition No.14 of 1974 Annexure E, by the Deputy Commissioner, Sylhet (R..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....lul Haque, AAG—For the Respondents
Writ Petition No. 591 of 1991.
Judgment
Md. Abdul Jalil J.— This Rule was issued calling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petition) declaring the election of the petitioner as void, sho......st the award there is provision for appeal and admittedly the petitioner preferred an appeal and as such this application is not maintainable.
7. Mr. A K Badrul Huq has referred to an unreported decision made in Writ Petition Nos. 342 and 894 of 1989 heard together in support of his contention ..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....t for the last few years the same is being locally produced by some manufacturers including petitioners of Writ Petition Nos. 2341 and 2342 of 1991.
6. Admittedly Government by office memorandum dated 9.4.82 (Annexure‑'A') decided to encourage locally produced goods and to ban import ......pon to show cause why they shall not be restrained from importing single phase electrical meters into this country in violation of Import Policy Orders 1989‑91 and 1991‑1993 and Government Policy decisions in this connection.
4. Single phase electric meter is mainly required by the responde..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....of result in respect of Chairman of Bhandarikandi Union Parishad, Upazila Shibchar, District Madaripur as shown in the list of elected Chairman and Members of Bhandarikandi Union Parishad in Form Dha dated 23.1.92 (Annexure‑B) made by respondent No. 6 and published in the official Gazette (Extraor....................... section 26 of the UP Ordinance ..........provides that “no election shall be called in question except by an election petition before the tribunal". In coming to the decision in the case of the Secretary of State Vs. Mask & Co., their Lordships of the judicial C..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Writ Petition No. 1374 of 1990.
Judgment
Md. Abdul Jalil J.-This Rule was issued calling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawfu......f fundamental rights about the vires of a law, this Court has exclusive jurisdiction to entertain the application so far as it relates to the voidability of the impugned Rules are concerned to give a decision in the matter.
8. Mr. Abdur Rab Chowdhury learned Advocate appearing for the responden..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....dgment Muhammad Ansar Ali J.—This Rule arises out of an application under section 115(1) of the Code of Civil Procedure filed on behalf of the added defendant‑petitioner against an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.183 of......nature and character of the suit and the defendant‑petitioner has been seriously prejudiced thereby and thus the learned Subordinate Judge has committed an error of law resulting in an error in his decision occasioning a failure of justice in passing the impugned order which is liable to be set as..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should not be declared to ha......
Judgment
Syed Fazle Ahmed J. - Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No.1 in IRO Case No.52 of 1980 should no..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
..... — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordinate Judge, 2nd Court and SCC Judge, Sylhet in SCC Suit No. 47 of......next following month, the landlord shall be deemed to have waived the default and consequently he cannot make it a ground for eviction of the opposite party. In this connection he has referred to the decision in the case of Md. Golam Hossain Vs. Mst. Asia Khatun reported in 40 DLR (AD) I where sever..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....tructed by M Nowab Ali Advocate-on-Record-For the Respondent No. 5. Not Represented - Respondent Nos.24. Civil petition for leave to Appeal No.160 of 1991. (From the Judgment and Order dated 30.5.91 passed by the High Court Division, Dhaka in Writ Petition No.383 of 1991). Judgme......ixing minimum wages, as a measure of protection against exploitation by the employers. Section 9 provides for constitution of Wage Board for fixing the rates of wages. Section 10(3) provides that the decision of the Wage Board fixing rates of wages shall be communicated as soon as practicable to the..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....372 of 1984. Judgment Habibur Rahman Khan J.- This application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the judgment and decree dated 24.4.84 and 8.5.84 respectively, passed by the Additional District Judge, 4th Court, Dhaka, in......earing for the opposite parties, made his submission in support of the said judgement. Mr. Dastagir Hossain at the outset contends that the learned court of appeal below committed error of law in his decision in decreeing the suit on the basis of oral contract for the sale of immovable property whic..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....al Revision No. 513 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dated 7.5.90 passed by the Sessions Judge, Kishoregonj in Criminal Miscellaneous Case No.150 of 1990......der section 366 of the Penal Code, namely kidnapping, the age would be referable to the age as in the Majority Act and not as to the Penal Code and Mr. SS Haldar in support of this view referred to a decision of a Division Bench of this Court reported in 42 DLR at page 297 where according to the lea..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....নালয় নির্দেশ প্রাপ্তির পর এই এজাহার করা হইল। 4. The police after investigation submitted charge sheet being No. 24 dated 26.1.91 under section 19(a) & (1) Arms Act read will Special Powers Act, 1974 and the case......tinent where for the first time the former President of a country is being prosecuted in the Criminal Court on the allegation of keeping illegal arms and hence the case deserves due consideration and decision by this Court as to whether the continuation of the proceeding is an abuse of the process o..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Moulvibazar and opposite party No.1 to show cause as to why the Judgment and order dated 2.5.89 passed by the Sessions Judge, Moulvibazar in Miscellaneous Case No.III of 1989 should n......een years of age be allowed to go wherever she desires. Mr. Nasiruddin Chowdhury, the learned Advocate appearing for the opposite party No.1, maternal grandfather of the victim girl has relied on the decision reported in 10 BCR 44 and 42 DLR 79 in support of his contention that the victim girl being..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....vision No. 168 of 1991. Judgment Anwarul Haque Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No. 109 ......ion or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on both the parties, it would be binding except in..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....ase of Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. 5. It appears from the judgment of the trial Court that it found that the plaintiffs were in possession of the disputed land since the date of settlement on the basis of Ext. I‑I(b) series i.e. to say the Hakum namas dated 10th Magh,...... trial Court this conclusion of the lower appellate Court is not at all sustainable in law. 6. Mr. Abdur Rashid also argued that the lower appellate Court committed a serious error in law in its decision in finding possession of the defendants although the defendants did not specifically d..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
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