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....nt Appeals aforestated. It is his case that the learned Single Judge acted illegally in holding that the Arbitrator had no authority to determine the liability of the inÂsurers and had also erred in law in holding that the Arbitrator could not award any interest.
9. Mr. Syed Ishtiaq Ahmed, learn......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are disÂmissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth......
Mustafa Kamal J. - These 3 appeals under Clause 15 of the Letters Patent, 1865 have been heard together and will be disposed of by this comÂmon judgment as they arise out of the same judgÂment and order passed by a Single Judge of this DiÂvision.
2. Consequent upon a fire which broke out on t..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
.... the inforÂmant, mother of Akal Miah asked the accused where they were taking him to. They told her that they had some talks with Akal Miah and for that purpose they were taking him to his father-in-law's house. The inÂformant also saw Alfi Miah, Rangu Miah (since dead) Somed Miah and Dudu Miah at...... Fazlul Haque, Assistant Attorney General—For the State. Criminal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and senÂtence......minal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and senÂtence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in S..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....before this Court and obtained the aforesaid rule. 6. Mr. M. A. Mannan, the learned Advocate apÂpearing for the petitioner, submits that the Court of appeal below has committed a serious error of law occasioning failure of justice in not taking into conÂsideration the material point raised in t......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others...... of fact and no illegality appears to have been committed by the learned Court of appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....n vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 102 of..........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Govt. and Rural DevelopÂment and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR......uty Attorney General—For the ResponÂdent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....84 by the Additional Sessions Judge, Manikganj on 29.9.85 should not be released from custody on the ground that his detention in connection with the said Sessions Case is illegal and unauthorised in law. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Cour......Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latifur Rahman J. - This Rule was isÂsued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has alÂready been acquit......aw. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Court isÂsued a suo motu Rule on the petitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....er on 9.1.88 and his resignation was duly acÂcepted on 10.1.88 and thereafter there was nothing left for him to do anything else in the matter. As such both the Tribunals below committed an error of law in not accepting his resignation as a final and conclusive one. 5. Both the Tribunals below ......ment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary ElecÂtion, (1961) 3 A E L R 354; Sanaullah Vs. Election TriÂbunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advo......the Opposite Party No.1. Civil Revision No.232 of 1989. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgÂment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshin..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......rt Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J National Bank Ltd.............................Petitioner Vs. Haroon Malik and Others......................Opposite Parties Judgment July 2, 1989. Result: The Ru...... the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 26.12.85 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appe..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....6/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner Mrs. Alam Ara Huq is the wife of the......urisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. ......ssed by the Senior Assistant Secretary of the Ministry of Home Affairs was served upon the detenu purporting to detain him for three months unÂder section 3(1) (a) of the Special Powers Act, 1974 in order to prevent him from acting against the ecoÂnomic or financial interest of the State. On 28.8...Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ...... in: 42 DLR (HD) (1990) 97. ......er proceedings of the Special Tribunal No.8 of 1987 pending in the Court of Special Tribunal Case No.2, Bogra should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lod..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... it should be presented to a Court having pecuniary jurisdiction at the relevant time when the suit was filed and was beyond the jurisdiction of the Munsif. Now a question may arise what provision of law it should be sent back to the trial Court for trial as stated above. In the case of Tripura Char......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......tion as was in the year 1984 as if the suit has been filed afresh there and shall proceed in accordance with law. In the result the Rule is disposed of with the above observations. Communicate the order at once. Send down the lower Court records. Since it is an old case of 1984 the trial Court..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....142 of 1972 and the plaintiff’s opposite party cannot be said to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of law resulting in an error in the decision causing failure of justice in affirming the Judgment and d......1.......filing written statement contending, inter alia that the suit was barred by limitation. The property has been vested in the government as an abandoned property within the meaning of the President’s order No.16 of 972, as such, the, plaintiffs suit is barred under Articles 14(c), 23 and 24 of the s..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....minal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were ......CD) (1996) 158. ......up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued asking the opposite Parties to show cause why orders dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively s..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....cording the confessional statement and after completion of the confessional statement he was remanded to the jail custody. He denied the suggestion that the confessional statement was not made as per law. 16. P.W.10 Md. Ayub Ali, Sub inspector of police proved cotton cloths Ext.I,14 bombs Ext. II...... Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code and he was found guilty under section 302 and also under section 307 of the Penal Code. The learned ......ll these articles inside the drawer of the cashier and on the night of occurrence he kept those things at the varandah. Mr. Chowdhury argued that this pan of the confessional statement can be used in order to corroborate the prosecution case to base conviction. The learned Additional Session Judge a..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......e is also Reported in: 48 DLR (HCD) (1996) 148.......Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case No. 64 of 19..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is......cused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. 2. The proceedings of the case was stopped by order dated 4.11.89 under section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and therea..Category: Procedural Law | Date: | Hits: 99
....olding the office of the Judge of Supreme Court of Bangladesh and also his authority in holding the office of the Chief Election Commissioner of Bangladesh at the same time, a substantive question of law as to the interpretation of the constitution of the Republic has arisen. The learned Advocate su......)
Present:
Habibur Rahman Khan J
MM Ruhul Amin J
Saleem Ullah………………………Petitioner
Vs.
Md. Abdur Rouf, Chief Election Commissioner of Bangladesh Election Commission and others………………………Respondent
Judgment
June 5, 1995.
Result:
The praye...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
..
Category: Procedural Law | Date: | Hits: 136
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
....ition against cognizance of an accused until they have been sent up by the Magistrate after taking cognizance. The learned Advocate for the informant‑opposite party could not refute the position of law but so far as the observation of the learned Magistrate in his order against which the revisiona......de of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In respect of taking cognizance against the petitioner and issuance of warrant of arrest against him. 2. The following facts are relevant for the dispo...... Assistant Attorney-General - For the State. Criminal Revision No.1064 of 1992. Judgment AKM Sadeque J.- This rule under section 439 of the Code of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In r..Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......€¦â€¦Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant. Abdul Latif, Advocate ‑ For the State. C...... and conjunction. Considering the aforesaid factual and legal position we find that the conviction and sentence under appeal cannot be maintained. These appeal is therefore, allowed, Judgment and order dated 13.1.93 passed by the Additional Sessions Judge, 6th Court , Dhaka in Sessions case No.3..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....f opposing the rule which has been issued against an order which has passed by the trial Court against the interest of all opposite parties 1-5 is being given up, it cannot be accepted. A question of law is involved including the matter as to whether the impugned order is legally sustainable in law ......ported in: 48 DLR (HCD) (1996) 141.......Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
.... learned Counsel appearing for the pre‑emptee transferee, submits that since the deed in question (Ext. 1) contains the stipulation that it Is a deed of exchange the Courts below committed error in law resulting in an error in the decision occasioning failure of justice going beyond the recitals o......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ......For the PetitionerÂ. A J Mohammad Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 994 of 1989. Judgment Abu Sayeed Ahammed J.- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989..Category: Property Law | Date: | Hits: 89
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