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Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....nding that the plaintiff’s suit is not maintainable is wrong and the same cannot be sustained in law. It has been further submitted by Mr. Rahim that the learned court below has traveled beyond the scope of the instant suit and unnecessarily embarked upon investigation on the question of the defen......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. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

MA Malik Vs. State, 1994, 23 CLC (HCD)

....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......riminal Miscellaneous Case No.1402 of 1994. Judgment DM Ansar Uddin Ahmed J.- This is an application under section 498 of the Code of Criminal Procedure by accused MA Malik for his anticipatory bail in connection with Sylhet Kotwali PS Case No.4 dated 2.3.93 under section 6 of the Cruelty to W..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....he said ordinance the object of the said section is to give a benefit to the female preventing a hasty dissolution of marriage by talaq being pronounced by the husband unilaterally without giving any scope for reconsideration but such benevolent intention is likely to be converted into an instrument......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

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....ivil Court under the Civil Courts Act, 1887, as well as under the Civil Procedure Code. His next submission is that section 7 of the Act by providing special procedure for appeal simply restricts the scope of Order 41 and section 94 of the Civil Procedure Code. His final argument is that section 6 o......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....s below elaborately discussed all the facts and evidence of the case and came to a concurrent finding of facts based on evidence on record and as such this court in revisional jurisdiction has little scope to interfere with the concurrent finding of facts arrived at by both the courts below. In supp......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

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... this Court may seem fit and proper". The recommendation for reinstating the petitioner in his service having been made in the meeting of the review forum held on 3.6.92 we find that there is no scope for the respondent No. 2 to reject the said recommendation instead of forwarding the same to t...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ..

Category: Administrative Law | Date: 28 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. ......rictly viewed as because the petitioner is available now for running the affairs of the Union Parishad and the basis of forming an opinion of the government against him is non-existent finding him on bail, suspension of the Chairman cannot be allowed to operate any further. Because of the fact that ..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....easonable basis for detaining him on such ground merits consideration. It is further contended on behalf of the petitioner that the detenu was already inside the jail‑hajat and as such there was no scope or chance for him to indulge in any prejudicial act as defined in the Special Powers Act, 1974......he Rule absolute and set aside the order of detention and its further extensions and direct the opposite parties to release the detenu Md. Asadur Rahman @ Nabi Hossain at once, if he has been granted bail in the pending criminal case and not wanted in connection with any other matter. Communica..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)

....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ......ious to note that though P.W.2 was never arrested by the police, he himself volunteered to become an accomplice witness by filing an application on 16.7.88 before the Special Tribunal while he was on bail with prayer for pardon and the Special Tribunal by Order dated 16.7.88 allowed the prayer and w..

Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....land. We, therefore, find no substance in the contention of the learned Advocate for the petitioner that the allegations made in the application before the Magistrate do not bring the case within the scope of section 147 of the Code of Criminal Procedure. We also do not find any merit in the content......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... cases reported in 19 CWN 1021 (Mohabir Prosad Vs. Chandra Sekhar) and AIR 1952 Cal. 86 (Bela Debi Vs. Bam Behari Roy). Dr. Zahir placing reliance on this decision contends that when there was a scope for making correction after passing the decree the mistake as noticed in the decree may very w...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

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. ......against the petitioners on 23.6.1992. 6. On 9.7.92 the accused petitioners surrendered before the learned Magistrate and petitioner No. 2, who claimed to be a minor girl of 13 years, was granted bail. The petitioner No.1 was also granted bail by the learned Sessions Judge, Gaibandha later on wh..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

....y under MLO 9 of 1982. On sympathetical consideration the review committee took a liberal view and turned the order of dismissal into an order of retirement from service and hence there is no further scope for review in the matter, the learned Assistant Attorney-General submitted. 5. In the sup...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

....al gain without collecting the RR or obtaining the indemnity bond is an unauthorised criminal act and an act of his own deliberately done on his own choice to effect the purpose of his own beyond the scope of his employment and as such the defendants are not liable. Besides that, Mr. Dhirendra Lal S......hers...............Respondents Judgment January 13, 1994. Result: The appeal is dismissed. The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161 Liability of a bailee The liability of the Railway while carrying goods handed over to it by a party is simila..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....ained and the case should be sent back on remand to the learned Special Judge for retrial in accordance with law in the light of the observation made above." Along with this, as regards the scope of section 412 CrPC a decision in the case of Profulla Kumar Roy Chowdhury and another Vs. Emp......g of the case in spite of issuance of Warant of Arrest and Proclamation and ultimately he was arrested by the Police and produced before the Upazila Magistrate on 14.6.90 and thereafter he prayed for bail but his prayer for bail was rejected. Meanwhile, the Investigating Officer came to know that th..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

....at the land has fallen outside the revised scheme. The claim that the petitioners are successors‑in ‑interest being question of fact cannot be determined without evidence and hence is outside the scope and cannot be decided by the Court in writ jurisdiction. Furthermore, the petitioners are them......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       ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....ined to serve upon the respondents a notice demanding justice on 1.7.89. As the representation given by the petitioner remained unattended for quite a long time, the petitioner could not avail of the scope of seeking redress before the administrative tribunal in time. Now the learned Advocate for th......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 ..

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   ......s were produced before the Sabujbagh Police Station and a GD Entry was made and on that basis the accuseds were produced before the Chief Metropolitan Magistrate and they on their prayer were granted bail. Meanwhile the alleged heroin contained in the polythene bah was sent to the chemical examiner ..

Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....jected. Since in the instant case the learned Subordinate Judge did not dispose of the application under section 34 of lac Arbitration Act, rather kept it pending for disposal, there was no scope for any appeal against the said order. The appeal must be held to be incompetent and according......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 44. ..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3

Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)

....d; and the court shall summon and examine or recall and re‑examine any such person if his evidence appears to it essential to the just decision of the case". 12. Thus it is found that the scope of section 540 is very wide having two parts. The first part of the section enables the court ...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..

Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2