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Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 .........Petitioner Vs. Rupali Bank..................................Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the......that the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure for regulating the procedure in respect of such proceedings if it is not contrary to the provisions of the Act. The nature and function of the Artha Rin Adalat coupled with its power and authority clearly indicate th..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ...... Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Resp......r any disability to run the affairs of the Union Parishad. Soon after he obtained the ad interim bail on 7.2.93 an order of detention by Memo. No. 85 dated 24.2.93 was passed against him under the signature of respondent No. 3, the Deputy Commissioner, Chandpur detaining him or a period of 30 (lays ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......orted in: 46 DLR (HCD) (1994) 199
......ode of Civil Procedure. In that decision it has been held that section 152 of the Code deals only with correction of clerical or arithmetical mistakes, or accidental slips or omissions. The nature of the amendment concerned cannot by any stretch of imagination be said to fall within the mi..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rtified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ...... cannot be said to be prohibited. Such a report, though invalid, may still fall under clause (a) or (b) of section 190 (1) of the Code of Criminal Procedure and the 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 C..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......er, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......ll undesirable writings, camps, etc. 9. Mr. Abdur Razzaq, the learned Advocate appearing for the applicant ATM Azharul Islam, submitted that the allegations made by the petitioner are omnibus in nature and that his client has not violated any election rule. He further submitted that for the all..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
...... passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......33 and Writ Petition No. 3734 of 1992 having been moved by three sets of 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 respon..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
...... allowing the appeal of the other companion and dismissing the petitioner from service and not allowing the appeal on the face of it is discriminatory and hence cannot be sustained being mala fide in nature. The learned Deputy Attorney-General for the respondents submitted that the cases of the two ..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......n any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ...... tea‑spoon, a small scissor, a small salt‑spoon and a small polythene packet. He also got 7 weights made of stone. He thereafter prepared a seizure‑list and proved the same as Ext. 1 and his signature thereon as Ext. 1/1. He stated that he also arrested one Parvin Begum who identified herself ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ......r Vs. Inland Water Transport Authority & others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to-......r was not under these rules but only under rule 3 of Order XXXIX, which was not appealable.” 17. Now, in the decision reported in PLD 1982 (Lah) 234, the above question as to the nature of the order came up for discussion before a Single Bench. In that case during the pendency o..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......t. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......unts; that there was independent obligation of each party arising from each account and that on the basis of the balance of each account, the balance of the other could be set off; and a case of this nature is governed by Article 85 of the Limitation Act. 12. In the case reported in 5..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......ng the trial of the case. In support of his contention, he has relied on a decision in the case of Abul Kashem and another Vs. State, 40 DLR (AD) 97. He also relied on some other decisions of similar nature reported in 40 DLR at pages 29, 139 and 144. It appears from the order‑sheet of the instant..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......;………………………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al))......or amendment of the plaint seeking mandatory injunction for restoration of possession. The petitioner contested the amendment on the ground that the application was a belated One and by amendment the nature and character of the suit will be changed. The court, however, by the impugned order allowed ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul L......eme Court of Pakistan reported in PLD 1970 (SC) I (Hussain Bakhsh Vs. Settlement ‑ Commissioner, Rawalpindi and others)wherein if has been held that a proceeding which deals with a right of a civil nature does not cease to be so merely because the right is sought to be enforced by having recourse ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......riminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......onstitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......by the Pakistan Supreme Court and the Indian Supreme Court including DS Nakara's case the SP Gupta's case, it was held as follows:
“Even otherwise, the above proceedings are in the nature of public Interest litigation and, therefore, in order to advance the cause of justice and pu..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......Islam, Advocate—For the Appellants
Shaheed Alam, Advocate—For the Respondents.
First Appeal No. 53 of 1985
Judgment
Md. Abdul Karim J. — This First Appeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the l......submitted that the contract is hit by section 23 of the Contract Act, which reads as follows:
"23. The consideration of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent; or involves o..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ...... him to be detained for a period of 30 days. The grounds of detention were duly served on the detenu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......tion and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......December 13, 1992. Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Article 102(2)(b) Welfare of the Child is of Prime Consideration A petition in the nature of Habeas Corpus for the custody of a minor, whether would be equally competent without sendi..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......m according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... court reported in 27 DLR 260 wherein it was held that: "The principle of law evolved thereunder is well established and a Magistrate while exercising the immense power, quasi‑judicial in nature, given him by this section, must be very careful test a party use this provision of law as an..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......s Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... "In our opinion, the true test is whether the amount sought to be deducted, in truth, never reached the assessee as his income. Obligations no doubt, there are in every case, but it is the nature of the obligation which is the decisive fact. There is a difference between an amount which a..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
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