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....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......ings. The petitioner‑respondents, examined as many as 9 witnesses in these cases whereas die objector appellant examined 5 witnesses in their favour. Petitioner respondents filed several papers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by the objector..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....real culprit committing any offence under this Act must be seriously dealt with and for that purpose the provisions of this Act as well as other well settled principles for administration of criminal justice should be meticulously followed. At the same time it has to be seen that an innocent person ......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 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.... Enquiry Officer. 7. Relying on the decision cited above we also hold that, whether or not rules or regulations provide for a copy of the report to be given to the employee, the rules of natural justice requires that along with the second show cause notice the petitioner should have been furnis......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....n of the matter to consider whether the plaintiff petitioner is entitled to an order of status quo. He further submits that the disposal of the Appeal by the lower Appellate Court resulted in gross injustice and irreparable loss to the petitioner and in consideration of the facts and circumstances o......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....s which obviously are vague, we are of the opinion that the learned Subordinate Judge in passing the impugned order committed error of law resulting in an error in the decision occasioning failure of justice which calls for an interference under section 115 of the Code of Civil Procedure. ......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)
....ntial for arriving at a just and proper decision in this case. ‑ Thus, although the petition has been filed at this stage but there is no alternative than to allow the petition for the ends of justice." 3. The petitioner, being aggrieved has filed this application for setting aside ...... 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
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....e notice upon the respondents to show cause within 2 weeks from the date of receipt thereof as to why the prayer for temporary mandatory injunction shall not be granted as prayed for, for the ends of justice. Requisites at once.” 4. Being aggrieved by the aforesaid order of the learned Ad......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......ute as to the age of the girl the court has depended upon its own impression of the girl's age before giving its final verdict. It further appears that in most of these cases, there is no lack of documentary evidence adduced by both sides but the reliability of all the evidence is in question. D..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......he detenu-petitioner always considered himself as a Bangladeshi citizen by birth and a permanent citizen of Bangladesh and never acquired any other nationality and used Pakistani passport as a travel document to facilitate his stay abroad and to travel to his own land. Since then the detenu-petition..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....ssed that as the plaintiff was in possession before the institution of the suit and injunction was granted against the petitioner the trial Court did not commit any error of law leading to failure of justice in allowing the amendment of the plaint. He placed reliance upon the decision in the case of...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
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 ......duced and proved some Toka Farags Exts. 1 to 1 (r) in support of their case. Contesting defendants examined 5 witnesses including defendant No. 7 Rowab Ali as D.W. 1 and also produced and proved some documents such as finally published Khatians Ext. A (2), the government rent receipts Ext. B t..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or that the quashing of the impugned proceedings would secure the ends of justice. If the criminal proceedings in a particular case is in respect of an offence alleged t...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....ore the said provision came into being and that in order to practise in the Supreme Court no membership of the Bar Association is necessary. He also submitted that the elementary principle of natural justice was not observed in the case as the petitioner was not given any opportunity of being heard ......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....ase the SP Gupta's case, it was held as follows:
“Even otherwise, the above proceedings are in the nature of public Interest litigation and, therefore, in order to advance the cause of justice and public good, the power conferred on this Court under clause (3) of Article 184 of the Co......9;person aggrieved" have been interpreted to decide the locus standi of the petitioners in those cases.
23. It must however, be remembered that the Constitution of a country is not a morbid document but a dynamic instrument capable of being interpreted and applied in the ever‑changing so..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....m. The petitioner then approached the Bangladesh Mahila Parishad for protecting her child and the Mahila Parishad is petitioner No. 1 along with this petitioner before this court. She served a demand justice notice through her lawyer asking to return the child but no result, hence this application u...... 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 ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ficient or not. The satisfaction of the Magistrate cannot be replaced by the satisfaction of the revisional Court unless the order of the Magistrate is perverse and it has occasioned a miscarriage of justice………….. (19) Remedy under Section 561A available to a party i......the previous year, but the second party is trying to disturb his possession and so there is an apprehension of breach of peace. He came to such finding on the basis of evidence on record and also the documents filed by the first party. He found that the first party purchased half of the case plot fr..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
.... Attorney‑General raised a preliminary objection that the proceeding for confirmation of the death sentence of the condemned accused should not be considered in his absence as he is a fugitive from justice and law. It is true that in the case of Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 2......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......interest in which the interest of a public is directly connected for protecting the interest of a private commercial Bank the sovereign state power to impound a passport, to which passport and travel document a citizen has a constitutionally guaranteed right, need not be exercised as that would be i..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
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. ...... Commissioner and Secretary, Ministry of Works in April, 1972 and again on 22.2. 1975, 21.10.1975 and 5.8.1976. The Ministry of Works by its Memo dated 3.6.1977 directed the petitioner to produce the documents and papers in support of his claim which he accordingly complied by his letter dated 16.6...Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
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