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Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......or convenience of possession they got the same partitioned by 'Alls' but continued to pay paddy rent together. 3. Further case of the plaintiff s is that they being illiterate simple village folk they entrusted Morals and employees of the Zamindars with recording of their names during t..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
....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
......f the Constitution.
47. Mr Ahmed placed the photo copy of a judgment of the Federal Shariat Court of Pakistan and the photo copy of an order passed by the Ombudsman of Pakistan. We have very carefully perused these orders. In both the orders it was held that to deny a pensioner revision of his ......vernment of Pakistan and others decided 1991 SCHR 1041; Tariq Transport Company, Lahore Vs. The Sargodha Bhera Bus Service, reported in 11 DLR (SC) 140; Khu1na Shipyard Employees Union Vs. General Manager, Khulna Shipyard and others, 30 DLR 368; Zamiruddin Ahmed Vs. Government of Bangladesh, 34 DLR ..
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
......yed their sanction for setting up a spinning mill with a capacity of 12.500 spindles, but as the Railway Administration delayed the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the plaintiff Unnayan Parishad was in difficulti...... ventures through collective efforts. The Unnayan Parishad filed an application on 12.12.79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railways at village Jinardi for the purpose of setting up an industry there. The Ministry forwarded the application ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
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 ......and in fairness also inequity. 7. The learned Advocate for the respondent husband submits that this is not a case of kidnapping but an act done perhaps in misunderstanding of the law but not willfully. According to the learned Advocate, this court may pass the order as the court may think fit a......was legally married to respondents No. 1 namely Major Sabbir Ahmed now a student officer at Defence Command & Staff College at Mirpur Cantonment, Mirpur, on 18.12.86 when she was only 19 years of age. It is the case of the petitioner that after her marriage she mostly stayed with her parents whi..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....re black and some of them were between black and white in color. Later on, the informant came to know that the dacoits had caused grievous hurt to one school teacher of Hatu Bhanga school and another woman passenger of the said bus and the informant would be able to identify the dacoits if he could ......st him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.” This Sub-Section speaks of the manne......ut for the purpose of lending assurance to any other evidence found against them…………….(8) Cases Referred to- Nurul Haque and others Vs. The state, 20 DLR page 780; Md. Azad Shaikh alias Azad Sk. Vs. The Slate, 41 DLR page 62; Nazir Ahmed Vs. The King Empe..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......f plot No. 7, Lane No. 4, Block‑C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned property published on September 23,1986 in Bangladesh Gazette Extraordinary at page No. 9762 (59) against Serial No.165 under the caption" Mirpur Section 10 C" should not..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......at of a Lieutenant Colonel and that thus on the basis of the date of appointment as Lt. Col. and Superintendent (Production), the Inquiring Officer Lt. Col. Mujubar Rahman, a directly appointed fullfledged Army Officer having nothing to do with the Civilian Government Ordinance Factory, is jun......uted under the Pakistan Ordnance Factories Board Ordinance, 1961 (Ordinance No. XVII of 1961) which was published in the Pakistan Gazette on 15 May 1961. The principal function of the Board was to manage and administer the affairs of the factories and to run them on sound commercial lines so as to a..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....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. ......d the RR to M/s. Rahinat Bliander, Phulbari for taking delivery of the oil from Phulbari Railway Station. The said wagon reached Santahar Railway Yard on 7.12.1975 at 2‑30 hours by KS Up train with full particulars and all Railway papers and that one Jasirnuddin, the TNC and Batch in‑charge rece......agong asked the Divisional Mechanical Engineer, Paksey on 3.3.76 for directing the LF Santahar to return 11000 gallons of superior kerosene oil to the consignee which he unloaded illegally to his storage tank. Absconding accused Abul Kashem, the Divisional Mechanical Engineer, Paksey then under his ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....of the case, particularly the accusation and the evidence, do not appear very clearly from the reported judgment. The decision was made only relying upon the charges. It is also not clear whether the woman was kept wrongly confined having been carried away straight from the place of rioting by the s......t;The incidents related in the evidence left no manner of doubt that from the moment the accused started from the Police Station, he committed a series of acts involving killing, injuring people unlawfully, confining others and extorting money from one of them. As the series of acts attributed to th...... in misjoinder of charges and persons, was bound to be different. 3. Admittedly there was an occurrence in the night following 1.3.75 in the house of the complainant Hamida Khatun (P.W.1) in village Anwarpur, PS Balaganj, District Sylhet in which one ASI Harunur Rashid and four constables, name..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....imitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him: Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist). So that she shall not have power during her marri......s been contended by the learned advocate for the petitioner that the plain tiffs‑opposite parties have not come with clean hands as they have collusively tried to enter into the suit‑land knowing fully that the same has been clearly intended to be kept confined within the family of the vendor an......i Vs. Regavachari and other, 1906 ILR Vol. 29 Madras 307; Muhammad Reza and others Vs. Abbas Bandi Bibi, 1931‑32; Achuta Ram and others Vs. Jainandan Towary and others, 1926 Indian Case Vol. 96 at page 287; H and Fabric Limited Vs. Mallik Textile and others, 1985 BLD 271; Ram Chandra Das and other..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......Ram Nath reported in AIR 1925 (All) 356. Since a Division Bench of this Court in which one of us was a party already gave a decision on the point we do not like to discuss the Indian cases. We are in full agreement with the case cited by Mr. A K Badrul Huq and hold that section 86 of the Co‑operat......any way confer any power upon the Registrar to decide any matter relating to election and that the Registrar's power under section 86 is purely relatable to business or internal affairs of the management of the co‑operative society and for matters of election the Ordinance and Rules made there..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
...... away arbitrarily and it has been further observed;
"It is true that until lease deed gets approval of the authority concerned and execution of the lease deed was not completed lessee's full right as such did not accrue, but the action of the approving authority cannot be sustained if ......period of 3 years from 1398 BS at an annual rent of Taka 17,56.250.00 provided that the petitioner withdraws Writ Petition No. 1149 of 1989 and also provided that the petitioner will not claim any damage against the Government and in future will not ask for any extension of the period of lease. Acco..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......2. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. B......he suit premises. The opposite party is a habitual defaulter in payment of rent and through neglects and latches, he paid rent up to March, 1983 and thereafter defaulted. The opposite party caused damage to the suit premises by removing the partition wall in between the shop houses and opened a door..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
.... illicit intercourse with “another person” under section 366B the age limit of the women is twenty one years. 9. Section 372 provides whoever sells, lets to hire or otherwise disposes of any woman under the age of eighteen years for the purpose of prostitution or illicit intercourse with an......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......ction 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance on 1.11.89 against the accused opposite parties namely Md. Shahid and others alleging that the victim girl who is about 16 years of age and a first year student of the local College was called by the accused No.3 to his father’s h..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....rcumstances of the case, the Magistrate might deem proper. The abducted girl was no doubt a witness in the case but she cannot be detained against her will specially in the case of a legally wedded woman." In coming to the above conclusion the learned Judges also considered several other rep......taken will be committed in respect of the child, the court may issue a warrant authorising any police officer named therein to search for such child and if it is found that he has been or is being wilfully ill‑treated or neglected in the manner hereinbefore stated or that any offence has been or i......Pada Datta Vs. Ministry of Home Affairs, 10 BCR 1990 HCD 44; Jahanara Begum @ Jotsna Rani Saha Vs. the State, 15 DLR 148; Kiran Bala Chowdhury Vs. the State, 17 DLR 544; Fatema Begum Urmila Rani Vs. Gageswar Nadi; the State 9 BLD (1989) page 469. Lawyers Involved: AKM Foiz, Advocate‑Fo..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......d by the decision of one named person who is not an arbitrator but the said person even being a servant or an employee under one of the parties, is required to act honestly and also judicially with a full realisation of the responsibilities of his position in dealing with the question in which his o......ller that opposite party No. 1, namely Ventura Industries Limited did not fulfil the condition of the contract in the nature of supply of coal and, as such, the Coal Controller demanded payment of damages which the supplier failed to comply with and thereupon the Coal Controller demanded encashment ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......any but utilized the money for personal purpose. The company is unable to pay the aforesaid loan even upon repeated reminders. 4. It is further alleged that the respondent Nos. 2 and 3 had taken full control of Company's management in total disregard of the petitioner's right and entitl......ing up of the company in question as he sold his shares long before he filed the application for winding up………….......... (34) Liquidation, consequence of total mismanagement It has been proved that the shares of 3 promoter directors (1000 shares each) were frau..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....consider the evidence of PWs 2, 3 and 9. PW 2 Moslemuddin stated that on the day of occurrence at 8 PN4 on his way back home from Sujanagar Bazar when he was passing by the house of Rahmat he heard a woman entreating not to beat her and asking for water. He advanced to the house of the accused Rahma......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......he innocence of the appellant, the case will have to be treated as one of no evidence and the conviction and sentence will in that case have to be quashed." 9. After quoting the above, passage the learned judges hurriedly concluded without considering the persecution case in depth that th..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......we shall be trenching upon other provisions of the Code. We think that Order XLI rule 4 should not be applied to enable the litigants to ignore the other provisions of the Code. We, therefore, respectfully agree with the observations of the Full Bench of the Patna and Lahore High Courts that Order X......of rule 4 of Order 41 of the Code of Civil Procedure can be applied when the non‑appealing defendant has not been impleaded in the appeal at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....y Station. At that time accused Kashem told her to show cinema and took her to Asha Cinema Hall and asked her to wait in the waiting room. After some time the accused reportedly returned there with a woman and asked the victim girl Rebaka to go with her. But as Rebaka was unwilling to go to her alon......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......a pleasure trip to the house of her maternal aunt in the Basti behind the Railway market and there was an altercation between herself and her maternal aunt, regarding the domestic matter and being enraged she left the Basti and came to the Railway Station. At that time accused Kashem told her to sho..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
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