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Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......ule at the instance of the 2nd party petitioner for quashing the order dated 27‑4‑1993 passed by the Metropolitan Magistrate Dhaka in Petition Case No.253 of 1993 and also for quashing the said proceedings. 2. Heard the learned Advocates and perused the materials on record. 3. It a..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....nths and 10 days after the impugned order, long after the limitation period of 60 days. Even then no statement been made in the petition explaining the delay in filing this revisional application nor any prayer for condition of the delay was made nor any order for condoning the delay was obtained fr......rejudicial to an accused should not be made, without giving him an opportunity to be heard, has no application where the accused is not discharged. This is for the simple reason that at a preliminary stage when a Magistrate has only to consider whether a complaint makes out a prima facie case, such ......construed adversely against him whereas his appearance might constrain him to commit himself to statement which he has the right to reserve till he enters on his defence after the commencement of the proceedings. As he will have ample opportunity to be heard after the commencement of the trial there..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....sed on 26.12.90 is unwarranted and an abuse of the process of the Court. Mr. Abdul Malek further submits the learned Metropolitan Magistrate had no jurisdiction to revive the proceedings or entertain any case against the petitioners in respect of the same offence without a fresh petition of complain......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ...... and attachment of their properties treating the accused persons as absconders from the case. It is against this order dated 26.12.90 that the accused persons have obtained this Rule for quashing the proceedings. 4. Mr. M A Malek, learned Advocate appearing for the petitioners, submits that the..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....s application that his books “এলমে মারেফত” and “মারেফতের গোপন আলাপ” were published before hand. But these two Bengali books did not contain any objectionable materials which oppose, injure or insult the religious sentiment and fundamental f......tual notification was issued on 8.12.93, it cannot be corrected subsequently. He submits that since the order dated 8.12.93 took effect from that date and it was challenged before this Court, at this stage such a corrected notification is absolutely illegal. He further submits that it was not clear ......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)
....ioner also contented that the plaintiff was found to be abnormal from the very day of marriage, as such the claim of her treatment for headache, as alleged, is false. The plaintiff is not entitled to any relief and the suit to be dismissed. 7. The learned trial Court, upon hearing the parties de......rs and did not care to maintain them. It further appears that the petitioner contested the plaintiffs suit but he remained silent as to the fact that he had already divorced his wife during the trial stage; when the decree was passed against the petitioner then he disclosed about the divorce by affi......intain and, as such, section 9 of the Family Laws Ordinance which deal with only cases of inadequate maintenance could not be invoked. (2) That the first impugned order was illegal inasmuch as the proceedings were taken against the petitioner ex parte by an Arbitration Council which was not prope..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....s a special Court set up for special purpose of speedy recovery of loans by the Banks and specified Financial Institutions only and the Artha Rin Adalat has no jurisdiction to adjudicate the claim of any other person. He further submits that Artha Rin Adalat has jurisdiction to adjudicate in the mat......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. ......d the said application of the plaintiff was rejected by the trial Court holding that the counter claim was made under the relevant provisions of the Code of Civil Procedure which is applicable in the proceedings of Artha Rin Adalat. In the present Rule the plaintiff petitioner calls in question the ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ...... offence after submission of final report should not be quashed or such other or further order or orders passed as to this court may seem fit and proper. 2. Pending hearing of the Rule all further proceedings in GR No.56/91 pending in the Court of Additional District Magistrate, Gopalganj was sta..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....e evidence of these witnesses has not received corroboration from independent witnesses. He further submits that First Information Report named witnesses like Fazlu and Nunu were not examined without any explanation from the prosecution. 4. Mr. Fazlul Hoque Chowdhury, learned Advocate and penal l......ngly acquitted and 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) 577. ......and P.W.6, who were sleeping in the dwelling hut in which Mohammad Ali was also sleeping. P.W.1 along with his brother, P.W.10 Abed Ali, brother's son, P.W.4 Ziaul Haque, and P.W.11 Abdus Sattar were proceeding towards the house of the deceased when they saw the appellants and accused Abdus Samad co..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
.... reinstated in their respective posts. The petitioner also made representation on 8.5.85, 4.1.86 and 22.3.87 for reviewing the order of removal before the President through proper channel but without any result. On 7.4.87 the petitioner made another representation to the Minister‑in‑Charge of Ho......were denied asserting that the petitioner was rightly removed from service under Martial Law Order No. 9 and there was no occasion for reviewing the matter at the time of its promulgation. At a later stage Mr. Mashuque Hossain Ahmed, the learned Assistant Attorney‑General submitted that since Writ...... 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)
....unning 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 the basis on which the action of the Government is founded no ......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. ......arishad. It was stated that Mr. Md. Siddiqur Rahman Khan, an elected Member of the Union Parishad, was elected as the Acting Chairman who is running the affairs of the Union Parishad. As the criminal proceedings have not yet been terminated the order of suspension will remain. 5. The affidavit-..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....tten statement. Rule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and o......cation for amendment of the plaint on a major ground which is that the said application consisting of wide typed pages is itself a new plaint, and on two minor grounds, one is that the suit is at the stage of final hearing and the other is that previously another such application was allowed and so ......ule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as m..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....om contradictory statements made by him before the I.O. and the Court below. In such circumstances Court below was not justified to tender pardon to him and to examine him as P.W. 2 without assigning any reason specially when prosecution did not pray for tendering pardon to him……(7) ......e full of contradictions, Moreover they are partisan witnesses. He further submitted that P.W. 2 was falsely shown as an accused in the case in connivance and he was not arrested by the police at any stage of the case. Yet he was masqueraded as an accomplice witness on the plea of granting him pardo......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 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....re to this Court without deciding the case on merit. 5. Mr. Majibar Rahman, the learned Advocate appearing for the opposite party submitted that the learned Sessions Judge has power to set aside any order passed by the learned Magistrate if it is found illegal in exercising of power vested in h......he Magistrate constitute a case under section 147 CrPC and merit of the case can only be decided after taking evidence and that cannot be decided either by the Sessions Judge or by this Court at this stage. 6. In this case though it is not necessary to decide whether the learned Sessions Judge ......he said application by order dated 31.1.91 directed the parties to maintain status quo and called for enquiry report from Assistant Commissioner (Land) and subsequently by order dated 30.5.91 drew up proceeding under section 147 of the Code of Criminal Procedure in Miscellaneous Case No.74 of 1991 a..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....nbsp;
...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......ast when he got the certified copy of the decree and put it into execution. Such petition for correction is not contemplated under section 152 of the Code of Civil Procedure.
7. Before proceeding further let us see what section 152 of the Code of Civil Procedure provides. It..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....before the Deputy Commissioner. Once an application may be rejected, but that does not mean that he will not be allowed to make a fresh application, because there is no specific bar in law for making any fresh application. In this view of the matter, we do not find any substance in the submission of......ade certain construction and brought his machineries. It appears that he spent about Taka 25 lakh in this project for over these two years in connection with establishment of the cinema hall. At this stage such no‑objection certificate cannot be declared illegal inasmuch as in the meantime some ri......ssion of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all concerned. Absence of a regular permission of the Court renders the proceeding untenable in law……………… (9) Article 14 of t..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....958 (Dacca) 145 = 9 DLR 312; The Crown Vs. Meher Ali, PLD 1956 (FC) 106 = 8 DLR (FC) 47; Sheikh Abdul Mazid Vs. State of Delhi AIR 1955 (SC) 196; Siddique Ahmed and others Vs. State 37 DLR 223; Subramanya Aya AIR 25 Mad. 61(PC) Abdur Rahman 31 CWN 271(282) (PC) Madhya Pradesh Vs. Veereshwar Rao Agni......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. ......aul, Advocate-For the State. Criminal Revision No. 1115 of 1992. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of the Sessions Case No.41 of 1992 under sections 313/34 of the Penal Code, now pending i..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....en called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as ...... make out a prima facie case for recounting the ballot papers in 12 centres mentioned therein. The impugned order undoubtedly is an interlocutory order passed during the trial of the case and at this stage it is not necessary to mention the evidence of witnesses in detail. It is sufficient for passi...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the Court. 2. The defendant Bangladesh Telegraph & Telephone Board (hereinafter referred as the BTTB) is the appellant before us and the plaintiff Lithi Enterprise Ltd, a private limited company, is the respondent. BTTB invited a tender for preparation of computerised telephone and telex bi......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. ......the institution of any ,suit with respect to the subject‑matter of the agreement Or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under Chapter 11, may apply to a Court having jurisdiction in the matter to which th..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....868/59 was only completed. The accused Saheb Miah, Upazila Project Chairman did neither deposit the said aforesaid unutilised sum of money being asked for by the Upazila Chairman nor did he give any reply to the said memo of the Upazila Chairman and thus he misappropriated for his own gain the ......not therefore be sustained in law and the same should therefore be set aside in the interest of justice and the case should be sent back on remand to the trial Court to hold the trial afresh from the stage of framing the accusation or charge again after hearing the parties and considering the materi......ion of the materials on record in accordance with law and in the light of the observations made above. The accused appellant shall remain on the same bail granted by this Court till conclusion of the proceedings. He is directed to appear before the trial Court when the case will be taken up for fres..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... as published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to w......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
...... 292), Bhatara (JL No. 294) and Joar Shahara QL No. 271) and obtained sanction from the former Government of East Pakistan for the said development scheme. Dhaka Improvement Trust started acquisition proceeding in respect of said 2760 acres of land first in LA Case No. 91/67‑68 and thereafter in L..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
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