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State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....able offences under section 497 of the Code must be kept in view. 38. In this decision, the majority view is that the policy of law and the limitations of section 497 of the Code were the guiding principles of granting anticipatory bail. It is in this decision that the substance of sect......97 and that the policy of the law in respect of bail to persons accused of non-bailable offence as laid down in section 497 is required to be followed. He submits that any departure from the above principle will lead to discrimination among the accused who being better-off can pray for bail unde....... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and mater......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......ses out of a contract and in case of its failure or breach the respondent’s remedy did not lie in a writ petition which the High Court Division erred in law in entertaining. 6. Basically, the principle is that, a writ petition cannot be founded merely on contract, but when a contract is conc......ve to appeal No. 740 of 1998. (From the Judgment and order dated 15-6-98 passed by the High Court Division in Writ Petition No.562 of 1998). Judgment Mustafa Kamal J.- This petition for leave to appeal by respondent-petitioner No.1 is from the judgment and order dated 15-6-98 passe......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......n the framework of the suit and not beyond. Learned Judges’ interference with the appellate decree reducing the amount to Taka 600.00 per month for the maintenance of the son was legally bad on principle, for, the plaintiffs never complained against the said reduction.……….......ment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Baka......with authority among you. / If ye differ in anything! Among yourselves, refer it/To Allah and His Messenger,/If ye do believe in Allah / And the Last Day:/ That is best, and most; suitable! For final determination.” Qias is analogical deduction to come to a logical decision on an issue of law...Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......g of 10 members of whom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex of...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ich is given to bind the contract, as an earnest or token of good faith and as a guarantee that the giver will fulfill his contact. In the case of HC Mills vs. Tata Air Craft, AIR 1970 (SC) 1986, the principles regarding ‘earnest’ were found as: (1) It must be given at the moment at which ............Respondents Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......ublic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the detenu Rehana Begum now detained in Sylhet District Jail/Moulvibazar Jail should not be produced before this Court so that this Court may satisfy itself that the said detenu is not being held in cust...... filed and amalgamated with the regular PS Case No.3(6)96. On 9‑6‑96 in the regular Moulvibazar PS Case No.3(6)96 the Investigation Officer also prayed for examination of Rehana by the doctor for determination of her age whereupon it was allowed by the Magistrate and a team of doctors examined R..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ...... Court are triable under the Martial Law Regulations, is, in our opinion, difficult to accept because for this proposition the learned Deputy Advocate General has neither relied upon any well-settled principles of Jurisprudence nor any decision of any superior Court. As a matter of fact the learned ......Opposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 1......ed to such notices. This being the position we find that the procedure laid down by the Martial Law Regulation have also not been followed by the police. 11. The next question that comes for our determination is whether the proceeding can be quashed under section 561-A of the Code of ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......st them, their application under Order 9 rule 13 CPC must be filed within 30 days from the date of the ex parte decree and not from the knowledge of such decree. I am in respectful agreement with the principle of law laid down by the superior Courts of the Sub‑continent and I must hold that Miscel......he Code of Civil Procedure setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge and SCC Judge, Dhaka. 2. Short facts relevant for the disposal of this case are that, the petitioners as plaintiffs instituted a suit for eviction......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......y, section 8(2) of the Arbitration Act, 1940 of Bangladesh and section 10(d) of the Arbitration Act, 1950 of England about the appointment of an Arbitrator being in pari materia and in view of the principle of law enunciated in the case of MA Chowdhury vs. Mitsui OSK Lines Lid, 22 DLR (SC) 334, ......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol...... to the contrary. But where there is no express clause, it is a matter of inference from the circumstances of the case”. There is a third and final way, failing either of these, i.e., by judicial determination of the system of law with which the transaction has the closest and most real connec..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......called upon to examine whether the impugned order refusing to review the case dismissed by the learned Subordinate Judge seeking permission to repair the demise shop‑room can stand. It is a settled principle of law that review will lie where a party to a suit or proceeding failed to adduce evidenc......hellip;………………Opposite Party Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Shishir Kanti Majumder for Habibul Islam Bhuiyan, Advocate ‑ For the Petitioner. AKM Shahidul Huq, Advocate ‑ For ...... For the Petitioner. AKM Shahidul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.376 of 1986. Judgment AM Mahmudur Rahman J.- In this Rule the questions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dh..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......ation Testing Laboratory Chittagong (Annexure‑D). 2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 50......wder milk cannot be directed to be sent back. He further submitted that since the suit filed by the exporter is still pending this court in exercise of its writ jurisdiction should not enter into the determination of question of fact which should be left to the court below in which the suit is pendi..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......scribed under Article 158 of the Limitation Act.
11. We are in respectful agreement with the decisions reported in 6 DLR 478 and 8 DLR 305 and we do not find any reason to differ from those principles of law as laid down by their Lordships in those two decisions. In the facts and circ......ort, may be stated as follows:-
The Government of the People's Republic of Bangladesh decided to construct some flyovers in the city of Dhaka, one at Mohakhali and another at Banani and for this purpose they floated tenders from intending contractors. Many contractors including th...... The concerned Executive Engineer by his Memo dated 20.4.1991 also requested the respondent Concord Engineers to furnish all related documents and explanations in support of their claim to facilitate/determination of the same by the Additional Chief Engineer. The respondent without complying with th..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ......tnesses, P.W.4 and P.W.8, were also injured. Thus subsequently granting of injury certificate can not make the doctor's evidence unreliable as canvassed by Mr. Majumder. 9. It is an accepted principle that an injured witness is not expected to name the wrong assailant so as to shield his re......ant Attorney‑General - For the State. Criminal Appeal No.1700 of 1992. Judgment Mohammad Gholam Rabbani J.- Twenty two accused including the fifteen appellants were placed on trial before the Court of Sessions Judge, Chuadanga, in Sessions Case No.38 of 1992. All the accused were ch...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......on of section 39 (2) of the Sea Customs Act, 1878. It has been held therein that declaring a consignee a defaulter with penal consequences without giving him an opportunity of being heard offends the principle of natural justice. We have examined the language used in the two enactments and, accordin......tioner, an enterprise of Bangladesh Freedom Fighters Welfare Trust, impugns the Demand Note No.1/93 dated 26.9.93 issued by the Superintendent of Customs, Excise and Vat, Rangunia Circle, Chittagong for recovery of Taka 4,16,033.00 under section 55 (1) and (2) of the Value Added Tax Act,1991. 2.......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... and after giving the prosecution and the accused an opportunity of being heard, considers the charge to be groundless, he shall discharge the accused and record his reasons for so doing." 12. The principle, that an order prejudicial to an accused should not be made, without giving him an opportu......1990 should not be set aside. 2. The facts are, in short, that the Complaint Case No. 263(1) 90 under sections 304/109/34 of the Penal Code was filed by the opposite party No.2 Monir Chowdhury, before the Upazila Magistrate, Sadar Upazila on 24.6.90 alleging that the petitioners and four others,......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......connection a reference may be made to a decision cited by Mr. Rahim in the case of Hajee Abdus Sattar Vs. Mahiuddin and others reported in 6 BCR (AD) 71. I have gone through the said decision and the principle enunciated therein is applicable in the instant as their Lordships held in the following l......sistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment of the defendants opposite parties on the ground that Sirajuddin Mollah, the predecess......om setting up an independent title by the alleged subsequent purchase of the property after the filing of the plaintiff’s suit and the learned Assistant Judge thus failed to consider that suit for determination of tenancy was filed two months before the alleged title of the defendants in respect ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....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. ......he books or expressing their views, the Government ought to have issued show cause notice before passing the order of forfeiture and since no prior show cause notice was issued, this has violated the principle of natural justice. The learned Deputy attorney-General, on the other hand, submits that i......, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak......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
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......et aside. 2. Facts leading to this Rule, in brief, are that the opposite party No.1 filed Family Court Case No.12 of 1990 in the Court of Assistant Judge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments, against the petitioner ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....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. ......eing entered into with the minor was void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case. 3. The appellants, who ar......2 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that the contract......the trial Court nor the Court of appeal, when the matter came before it for the second time, considered the question as aforesaid. 8. The learned Judge, therefore, took up the question for determination and referred to the aforesaid Privy Council case where it has been held that it was ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......of which is in exclusive physical possession of the younger brother since 37/38 years as has been found by both the courts below. So, in the facts and circumstances of the instant case before us, the principle laid down in the cited case of AIR 1922 (Cal) at page 8 appears to be applicable. I, there...... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
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