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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. ......the petitioners for temporary injunction. In view of proof of tenancy of said Sirajuddin, the present defendants opposite parties are estopped from denying the monthly tenancy of Sirajuddin under the provisions of section 116 of the Evidence Act, the learned Assistant Judge having not applied his ju..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. ......l Mukit Khan of Sylhet Town to the Deputy Commissioner, Sylhet against the petitioner, his brother and mother, all of Moulvi Bazar with their present address in Dhaka city soliciting action under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the allegations that her father w..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
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. ......c objection was raised stating that no show cause notice was issued before passing the order of forfeited and, as such, there was violation of natural justice. It was held by their Lordships that the provisions of section 99A of the Code of Criminal Procedure may be invoked when the writing and publ..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. ......plied with and the provision of section 6 of Muslim Marriage and Divorce Act, 1974 has no manner of application in this case. In order to consider this point it is necessary to refer to the aforesaid provisions of law. 12. Section 7 of the Muslim Family Laws Ordinance of 1961 reads as follows: ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....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. ......pplication dated 19.10.91 was heard by the trial Court on 12.11.91 and 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..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
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. ....... The learned Single Judge quoted extensively from the different judgments in that Full Bench case; that of Srinivasa Ayyanger, J. which is particularly apt is reproduced below- "The provisions of the Transfer of Property Act and the Trusts Act make it clear that an infant can be a..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....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. ......Criminal Appeal No.494 of 1992, has, in addition to the points raised by Mr. Sk Afzalur Rahman, submitted that during examination of the accused Persons, the trial Court has failed to comply with the provisions of section 342 of the Cr.P.C. in not having put up before the accused persons the salient..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....hunu Rani Saha reported in 37 DLR 227, wherein it has been held "the examination of the complainant on oath when taking cognisance of an offence under section 200 of the Code of Criminal Procedure is mandatory. Failure to do so renders the proceeding liable” to be quashed". This decision has arise......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. ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......n Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of t..Category: Banking Law | Date: 24 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. ......2. The writ petitioner-respondent No. 1 contended that while functioning as the elected Chairman of the said Union Parishad he suddenly fell ill and was compelled to take leave for 3 months under the provisions of section 15 of the Ordinance by a resolution of the Union Parishad dated 16.9.92. By th..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....he court (by using the word "may") to allow either party to alter or amend his pleadings in such manner and on such terms as the court considers just. 5. The second part, may be called mandatory provision, directs the court (by using the word "shall") to allow all such amend......Generally". Its rule 1 defines "pleading" which means plaint or written 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 p..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....Government shall under Section 8(2) of the Special Powers Act 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulatio......od of time, to use the word 'from' and, for the purpose of including the last i.e. a series of days or any other period of time to use the word 'to'. 8. Thus in view of the above provisions of the General Clauses Act, if the period is to be calculated 'from' a certain da..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....l in the case of Subramanya Aya reported in AIR 25 Mad. 61(PC), for a long time it had been the consistent opinion of the Court that section 537 of the Code of Criminal Procedure did not apply to the mandatory provisions including section 155 of the Code. But the subsequent decision of the Privy Cou......ase of Subramanya Aya reported in AIR 25 Mad. 61(PC), for a long time it had been the consistent opinion of the Court that section 537 of the Code of Criminal Procedure did not apply to the mandatory provisions including section 155 of the Code. But the subsequent decision of the Privy Council in th..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
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 ......‑opposition. In the affidavit‑in‑opposition filed by the respondent No. 2 it has been denied that [be candidates for the offices of the Ward Commissioners and Mayor have in any way violated the provisions of law and rules as alleged and stated that the election commission has taken steps for f..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....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. ......, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court. (5) Thereafter, the arbitration shall proceed in accordance with, and shall be governed by the other provisions of this Act so far as they can be made applicable.” 5. We find from the record..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... 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 ...... the petitioner asking him to send back the prescribed form within the date fixed for hearing. But the said review matter having not been disposed of during the subsistence of the Martial Law and the provisions of MLO 9 of 1982 or even after the withdrawal of Martial Law and consequent repeal of MLO..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......Bangladesh and the disputed property had been in possession of petitioner's vendor till his sale to the petitioner and the petitioner is still in possession of the same without a notice under the provisions of President's Order No.16 of 1972 and Rules made thereunder the said property cannot..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....misappropriate any money of the Govt. in respect of the project and he begged to be excused. Further contention of the learned Advocate for the appellant is, that the provision of section 243 CrPC is mandatory which has to be carefully and meticulously followed in the interest of justice and violati......sed on admission of guilt. His first contention is, that the accused appellant was a public servant but no sanction was obtained from the Government for his prosecution and hence for violation of the provisions of section 6(5) of the Criminal Law (Amendment) Act 1958, the whole trial was vitiated an..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
...... dangers and accidents of the sea or other navigable water;
(d) act of God;
It is no doubt true that perils of sea and act of God are circumstances that exonerate the carrier under the said provisions from responsibility or liability for loss or damage to the goods carried in the ship. But..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | 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. ......obvious, therefore, that a sale by certificated guardian in contravention of sections 28 and 29 of the Guardians and Wards Act is voidable and not void.” In view of the provisions of the Guardians and Wards Act court granted specific performance of contract against the..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
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