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Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....re us to show that the two books namely “তফসীরে কোরানুল করিম এবং ইসলাম ধর্মের মতভেদের কারন, have contained any prejudicial or objectionable writing against the religious sentiment of the Muslims resulting in insult......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....o cite any authority in which a contract as in the present case has been found to be enforceable on the ground that it is for the benefit of the minor notwithstanding the principle laid down by the judicial committee in the aforesaid case. The cases relied upon by him are those where the transac......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....h retraction of their confessions on the allegation that these were extracted through inhuman torture and coercion. The law is well‑settled that as against the maker himself his confession, whether judicial or extra judicial whether retracted or not retracted, can validly for the sole basis of his......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....the impugned order does not reveal what relationship the criminal proceeding has with the exercise of power by him as Chairman of the Union Parishad and how die criminal proceeding is likely to be prejudicial to the interest of the Union Parishad or undesirable from the print of view of public inter...... from date the writ petitioner asserted that he was neither absconding nor had he been taken into custody and after obtaining an ad interim bail on 7.2.93 he was obstructed malafide from resuming the functions of the Union Parishad by the issuance of the order of detention, but now he has been funct..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
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 ......ty Corporation and police authorities. 12. Under Article 126 of the Constitution "It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions". Rule 3 of the Dhaka City Corporation Rule, 1983 also provides that all executive au..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
.... be considered as invalid. 9. Misconduct on the part of the Arbitrators may be a ground for setting aside the award. The judgment passed by the learned Subordinate Judge mentions that no plea of judicial misconduct was made before him and he also did not find any judicial misconduct being commi......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....of the Evidence Act Mr. AFM Hasan Arif also referred to the provisions of section 1 of the Evidence Act which provides:
“It extends to the whole of Bangladesh and -applies to alt judicial proceedings in or before any Court, including Courts-martial, other titan Courts-martial co......ce with that which obtains in a court of law.
19. In the case of KL Shinie Vs. State of Mysore reported in AIR 1976 (SC) 1980 it is held:
”Domestic tribunals exercising quasi-judicial functions are not courts and, therefore, they are not bound to follow the procedure prescribed for t..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ionaries of Sudhir Chandra Das will get the properties of Sudhir Chandra Das. In support of this point Mr. SC Das has failed to point out any provision in Hindu Law or in the Succession Act or in any judicial pronouncement. It is simply his argument. Mr. Zakir Hossain, on the other hand, has drawn o......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
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Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....a for trial on 18.5.1992. But before that date the accuseds surrendered before the Chief Metropolitan Magistrate on 13.5.92 and prayed for bail but their prayer was rejected and they were sent to the judicial custody. The learned Sessions Judge on receipt of the case records transferred the same to ......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 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....arned Advocate for the petitioner to the effect that the facts and circumstances of another case being Complaint Case No. 36 of 1990 has been mixed up together and this shows the non‑application of judicial mind of the learned Court. The learned Advocate for the respondent having pointed out the j......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... argued on behalf of the accused and the defence having thus been fully exposed to the prosecution, defence will be seriously prejudiced in the case and the learned trial Court having not applied its judicial mind to this aspect of the matter there has occurred miscarriage of justice and hence the i......Mohanial Shamji Soni Vs. Union of India and another reported in AIR 1991 (SC) 1356 wherein it is held: "It is a well accepted and settled principle that a court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is t..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... 55 of the Specific Relief Act A mandatory injunction may be defined as One which commands the doing of some positive act by the defendant, sometimes to change the status of the parties. It is a judicial discretion of the Court which should be sparingly exercised. Instances of granting ad inter......elopment, maintenance and control of inland water transports and of certain navigable waterways in the country. The defendants-respondents 2 to 4 are the employees of defendant No. 1 to carry out its functions. The functions of the defendant/respondent No. 1, are, inter alia, (i) To carry out r..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... Army at the Mymensingh Cantonment. She has further stated that if she was not allowed to go to her husband she would rather go to the hajat. Under the circumstances the Magistrate took the girl into judicial custody and directed that a medical examination was to be conducted to ascertain her age. ...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
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 ...... 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
....he Supreme Court of India as follows:
“This Society received a large number of representations from old pensioners, individually unable to undertake the journey through labyrinths of legal judicial process, costly and protracted, and, therefore, approached petitioner No.3 which espoused t......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
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Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....1.9.93 under section 19A of the Arms Act and thereafter, the order of detention was passed. It is contended that the grounds of detention served on the detenu are vague and do not constitute "prejudicial act" as defined in section 2(f) of the Special Powers Act, 1974, with a view to preven...... 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. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....sion of this 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 ...... 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 ..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)
....o not as part of his income, but for and on behalf of the person to whom it is payable". Again the case of Pondichery Railway Co. Vs. CIT, AIR 1431 (PC) 165 Lord Macmillan, speaking for the judicial committee, observed: "A payment out of profits and conditional on profits being e...... 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 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....conding accused who is fugitive from justice is not entitled to file any petition or appeal through any advocate as the individual who is seeking interference of the Sovereign to obtain revision of a judicial order is himself engaged in setting that judicial order at naught. (Also see Nirmal Krishna......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
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