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Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
.... showed that the petitioner from the very inception was trying to delay the proceeding under one plea or the other just to harass the opposite party. The opposite party has submitted that there is no provision in the Family Courts Ordinance for any appeal or revision against any interlocutory order.......isc. Appeal No. 71 of 1990 under section 17 of the Family Courts Ordinance, 1985 and on 18.4.90 the memorandum of the aforesaid appeal was rejected on the ground that the same was not maintainable in law. 6. Being aggrieved by the said order dated 18.4.90 the petitioner has filed this Civil Revis..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....GM of Bangladesh Shilpa Bank in collusion with the borrower Sk. Maniruzzaman collusively sanctioned and disbursed huge amount of money specifically mentioned in the charge‑sheet in violation of the provisions of the rules of the Bank and in collusion with Sk. Maniruzzaman dishonestly misappropriat......od stopped, that the order of the learned Divisional Special Judge that the Government may take step for revival of the case if so desired is illegal and without jurisdiction, that if by operation of law the proceeding of the present Special Case stood stopped on 8.12.88, then the prescribed time fo..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....s through the confessional statements in original from Rangpur, submitted that the learned Magistrate acted without jurisdiction in recording the confessional statement without following strictly the provisions as contained in section 164(3) of the Code of Criminal Procedure. The confessional statem......IR on 7‑8‑85 alleging that on 27th Sravan, 1392 BS at about 10 AM his daughter Shahina Khatun aged about 13/14 years went to school but did not return home. The complainant went to his son‑in‑law's house and came to know that his said daughter did not even go there. On that day a little girl..Category: Criminal Law | Date: | Hits: 74
....hat the learned Subordinate Judge should have held that the suit was barred as per condition Nos. 13 and 19 of the insurance policies. The learned Advocate has, thirdly, submitted that in view of the provisions of section 44A of the Insurance Act, the claim was not payable unless the loss has been s......ded no finding on that issue.
5. Mr. AR Yusuf, the learned Advocate appearing on behalf of the appellant, has submitted firstly, that the findings of the learned Subordinate Judge were contrary to law and evidence on record and not sustainable in law inasmuch as the agreement of arbitration as ev..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......nt khas land and that compelled the plaintiffs to file the present suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property.
3. Defendant‑opposite party No. 5 and the present defendant..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....0‑10‑87 on which date 120 days expired from 4‑7‑87 the report submitted on the next day, was beyond time and as such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, ......s such, the case was liable to be stopped and the accused persons released as per provision of section 167(7) Cr.P.C. The learned Advocate for the opposite party, on the other hand, contends that the law contemplated completion of the investigation by the police within the prescribed time and not th..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......oldings themselves then also it will be a case of partial pre‑emption. Mr. Chowdhury has cited the case of Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, in support of his contention. 8. The law as to what is and what is not partial pre‑emption has been dealt with exhaustively from time t..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......der sections 302/34, one of the accused namely Sattar under Sections 302/114 and all the 9 accused under section 447 of the Penal Code. 15. Regarding the Plea of private defence, the learned State lawyer very emphatically argued that the defence nowhere suggested any right of private defence as f..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......he opposite parties and not against the learned Munsif. Mr. M Shamsul Alam, the learned DAG, submits that the other statements made in the above application do not come within the purview of contempt laws. It may be pointed out that "wild, false and baseless" allegations made in the petition under s..Category: Criminal Law | Date: | Hits: 64
....uch contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained.
94. When language used in a document is plain in itself, and ......ontract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, the government by a tender notice issued on 13.11.77 desired to se..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....8 of the Code of Civil Procedure. 8. Mr. Md. Abdus Sobban, the learned Advocate for the opposite party No. 1, concedes that the Court has no jurisdiction to pass the impugned order under the above provisions of the Code of Civil Procedure but he contends that the Court has wide power and jurisdic......tion of this rule by section 16(d) of the Code of Civil Procedure. Section 16(d) of the Code of Civil Procedure runs as follows: "16. Subject to the pecuniary or other limitation prescribed by any law, suits‑ (d) for the determination of any other right to or interest in immovable property."..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......prisoner went to the house of Anwar Hossain of Village Patihar Upazila Agailjhara and informed him that his daughter Momtaj Begum had died. On receipt of the news Anwar Hossain went to his son‑in‑laws house in Dhakkin Shihipasha and found the dead body of Momtaj Begum with injuries on her neck a..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....rovides only for appeal against order, Judgment or sentence of the Special Tribunal within 30 days from the date of delivery or passing thereof as amended up to date. Nowhere in this Act there is any provision for revision in the High Court Division against order, judgment or sentence passed by the ......cisions cited by the learned Advocate for the petitioner are not at all applicable in the present case. 12. I have heard the learned Advocates at length and gone through the relevant provisions of law and the decisions cited before me and my considered view is that the petition of appeal cannot b..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....eaded in view of the decision in the case of Dwarkanath Mandal and another Vs. Sri Govinda Chowdhury, AIR 1929 (Calcutta) 130. But he submits that the suits were barred in view of section 3 and other provisions of the Public Demands Recovery Act which impose both express and implied bar to Civil Cou......its. The defendants, the judgment debtors in the certificate case, made application before the Court concerned for rejection of the plaints on the ground that the. suit was barred by res judicata and law generally. 4. The learned Munsif rejected the petition on a finding that the suits were not b..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ...... pay the aforesaid dues of the petitioner. Even after appearing before this Court the respondent company did not pay the aforesaid dues. Their affidavit‑in‑opposition had been cancelled and their lawyer is not contesting the present application. In view of the facts stated above I am of the view..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....eged malice in law and not any personal grudge against the petitioner. We find that the extra‑ordinary remedy under Article 102 of the Constitution is not available to the petitioner in view of the provision of Article 102(5) read with Article 117 of the Constitution. Relying on the decision in th......gainst the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Co..Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
.... Firstly, under the facts and circumstances of the case the order of restoration under section 522 was passed beyond time and without jurisdiction, Secondly, the order has been passed contrary to the provisions of section 522 of the Criminal Procedure Code. 15. Mr. MA Zaman, the learned Advocate ......tly within the wordings of section 522 of the Criminal Procedure Code this order should not be interfered with by this Court as it is not the duty of the Court of revision to correct mere mistakes in law which have no more effect than mistakes in grammar and spelling. The power of interference in re..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....pazila Belabo, District Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief Election Commissioner, took the view that there is no specific provision in law empowering him to direct Respondent No. 2 the designated Appellate Authority (The D......, District Narsingdi. In view of the repeal of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983 the Chief Election Commissioner, took the view that there is no specific provision in law empowering him to direct Respondent No. 2 the designated Appellate Authority (The Deputy Commiss..Category: Election Law | Date: | Hits: 112
....DLR (SC) 280. In the case reported in 32 DLR 265 (as referred to by the learned Advocate for the petitioner) it was held that the Rules on natural justice must be read in the context of the statutory provision governing a particular case and that the requirement of natural justice vary with the vary......ompany to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the rec..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ousness to the facts of the case and point of law that arose there from. Obviously the impugned judgment suffers from patent illegality and material irregularity in as much as it was violative of the provision of Order XLI Rule 31 of the C.P.C. 11. The learned Advocate appearing for the, plainti...... In reply to this contention the learned AAG appearing for Bangladesh submits that he is not in a position to defend the judgment passed by first appellate Court and that the Court committed error in law in not obeying the principle laid down in Order 41 Rule 31 of the C.P.C. 9. I have been taken..Category: Property Law | Date: | Hits: 60
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