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Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....mind to the activity and conduct of the detenu and the materials if any on record against him absolutely in a mechanical way passed this order of extension dated 23.11.93 jeopardizing the fundamental right and liberty of the detenu. His contention, therefore, is that this extension order of detentio......detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the w......he detenu accused for trial as stated earlier and save and except that ground, there is no any other ground mentioned in the Memo of grounds, Annexure‑'B'. Thereafter the Ministry of Home Affairs of the Government of Bangladesh purportedly approved the initial order of detention and extend......31(8) 1993 under section 19(a) and (f) of the Arms Act, though he did not commit the alleged offence and no arms were recovered from his possession and that the case is still pending in the Court for trial. It has been further alleged that while the detenu was in the Dhaka Central Jail in connection..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 ......at him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of the whole of the circumstances within his knowledge as is evident from contradictory statements made by him before the I.O. and the Court below. In such circumstances Court below was not justified to tender par......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 ......sed 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 pardon unheard of in criminal trial. He further submitted that the statement of the victim girl was recorded by the Magistrate lon..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
....e parties in the pleadings is an accidental slip or omission or is due to inadvertence and it is so palpable that nobody can possibly have any doubt as to what the parties meant, the Court can set it right. The decision it appears has been based on the cases reported in 19 CWN 1021 (Mohabir Prosad V...... Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-5 and also proforma defendant No. 6 for realisati...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
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Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....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 right has been accrued in favour of the defendant No. 1 and further the defendant No. 1 will suffer ...... permission of the Court renders the proceeding untenable in law……………… (9) Article 14 of the Limitation Act Since the 'No objection certificate for the construction of a cinema hall was issued by the Deputy Commissioner under the Cinematograph ...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......nema hall. After about two years some interested people of the locality filed this suit in order to cause damage to the defendant No. 1. However, after considering the materials on record the learned trial Court, that is, the Subordinate Judge, 1st Court, Khulna, decreed the suit in favour of the pl..Category: Limitation Law, Procedural Law | Date: 7 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. ......2 with Palashbari PS Gaibandha, in which she alleged that the petitioner No.1, a 50‑year‑old headmaster of a school, seduced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant petitioner No.2 terminated the pregnancy on ......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. ......Sessions Judge, Gaibandha that the accused petitioners had unsuccessfully tried to convince the Court of Sessions that the court. is barred from continuing the hearing of the case on grounds that the trial has been vitiated because of non‑compliance of section 155(2) of the Code of Criminal Proced..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 ......e why they should not be directed to comply with the direction issued by the Election Commissioner touching upon various acts of the election campaign of the candidates violating the laws and rules before the election to the offices of the Commissioners and Mayor of the Dhaka City Corporation schedu......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 free and fair election in accordance with law. It is further stated therein that if any act or thing done is ......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 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....h No. 12 of the petition and asserting that there was large scale rigging in the poll and the same was brought to the notice of the proper authority and the Election Tribunal upon hearing the parties rightly and justly passed the order for recounting and the writ petition has been filed to delay the...... 631 votes and his name was duly published in the official gazette on 6.3.91 and the petitioner was administered oath of office as member of the Parliament, Thereafter the respondent No. 2 filed the aforesaid Election Tribunal Case No.1 of 1991 alleging, inter alia, that his agents were forcibly ous......rew our attention to paragraphs 8 to 12 of the writ petition. His main contention is that the Election Tribunal though mentioned in the impugned order that 19 PWs, deposed in support of the alleged unfair means 3dopted by the election staffs during the counting of votes but discussed cursorily the e......e respondent No. 2 was able to 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 deta..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......ntest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sal......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
...... absolutely liable for the act done by the booking clerk under his employment.
13. On careful consideration of the records we find nothing to interfere with the judgment and decree passed by the trial Court.
14. In the result the appeal is dismissed without any order as to costs. The judgm..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......a Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......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 and the impugned judgment and order of conviction and sentence were bad and illeg..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....he said amount of Tk. 18,048.00 to the proforma defendant No. 3 in two instalments and subrogated in place of the proforma defendant No. 3 vide two letters of subrogation dated 13.12.65 and 9.6.66 of right, tide, interest and remedies in respect of the damaged goods. The said goods were made over to......of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said appeal is not yet ready for want of the lower court records which are reported to be not traceable we directed by order date......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
......as noted in the log book. In the absence of any such evidence simply because captain of the ship had sworn protest note before the Notary Public the said allegations cannot be substantiated. Further, trial Court noticed that mate's receipt which is the basic document was made over to the carrier..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
.... on mere hearsay, and in many cases the members present or some of them (like an English jury in ancient days) are themselves both the witnesses and the judges. Before such a tribunal counsel have no right of audience and there are no effective means for testing by cross-examination the truth of the.......4.87 with guard duty along with two other constables namely, CI99 Abdus Salam and 0241 Md. Nazrul Islam on board ML Titumir on its trip from Barisal to Kalaiya via Kalishuri. They boarded the launch for their duty from Kalishuri point While the launch was proceeding from Kalishuri to Kalaiya on its......Rahman Khan J
Mohammad Fazlul Karim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
Novem......dence (a word used presumably in a popular sense) upon which the tribunal could possibly come to a conclusion. While dealing with such question it was held:
“All the procedures of a modern trial, including the examination and cross-examination of the witnesses and the summing-up, if any, ..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... Chandra Das made a testamentary disposition of his property vide a will, Ext. 7, which was registered on 22nd May, 1969. As Sudhir Chandra Das had no child, all his properties were given in absolute right to his wife Trinayani. By the aforesaid will Trinayani was appointed as sole executrix and the......lved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the petitioner‑respondents
JK Paul Advocate‑For pro forma‑respondent Nos.1(c) to 1(e).
Appeal from Original Decree No. 235 of 1976, analogous wit......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.
...... this stage of the appeal and as such we disapprove such conduct of the learned Advocate and accordingly we are rejecting this frivolous application.
21. We have gone through the judgment of the trial Court and we are of the view that the learned District Judge has considered each and every poi..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....earned Advocate for the State was that production of the chemical examiner in Court was not so material in this case. The report signed by the chemical examiner was enough and the same could be taken rightly as a piece of evidence. 13. Now let me consider the above submissions of the learned Ad......Dhaka in Sessions Case No. 147 of 1992 convicting the accused appellant under section 19(1)/1(Ka) of the Narcotic Control Act, 1990 (Act 20 of 1990) and sentencing him to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 2,000.00, in default to suffer Rigorous Imprisonment for ......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 ....../1(Ka) of the Narcotic Control Act, 1990 on 18.4.92. The Metropolitan Magistrate thereafter on receipt of the charge‑sheet sent the case record to the Court of the learned Sessions Judge, Dhaka for trial on 18.5.1992. But before that date the accuseds surrendered before the Chief Metropolitan Magi..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....ther, even if it is proved, cannot be treated as an offence of misconduct or corrupt practice as defined under Regulation 55, as the petitioner being the citizen of the country has the constitutional rights to acquire, hold, transfer or otherwise dispose of the property as defined under Article 42 o......ourt, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal&mdash......e the proceeding afresh according to law against the petitioner from the stage of submission of the report by the enquiry officer in the light of the observation made above for arriving at a just and fair decision. In the result, the Rule is made absolute without any order as to costs. Sen......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
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....r disposal. 6. The opposite party No.1 appeared in the Miscellaneous Appeal and filed written objection on 4.2.93 denying all material allegations made in the injunction petition and claimed his right, title and interest in the suit land and asserted his right for construction. Though the afore......f status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of......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 ......rned Advocate for the opposite party, informed the Court that the Miscellaneous Appeal pending before the appellate Court has already been disposed of and the case has been sent back on remand to the trial Court for consideration for the injunction matter and as such the Rule has become infructuous...Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....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.
......hammed J. - In this case the respondent Himalaya Ice & Cold Storage Company Ltd. has brought Money Suit No. 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellant for realization of money upon the allegations that during his tenure of office as the Managing Direc......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.
......ous appeal No.166 of 1989 under section 39 of the Arbitration Act, allowed the defendant one month's time to refer the dispute to an Arbitrator.
3. It appears from the order of the trial Court that at the time of hearing of the said application the defendant himself signified his ..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....e. No question of prejudice, in our view, will arise as the accused will get the opportunity of cross examining the additional witnesses after his examination by the prosecution and all consequential right will also be available to the defence including the right to be examined again under section 3......lt: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Prasad Vs.......itnesses to be examined will amount to allow the prosecution to fill the gap in the case and patch up the holes and, therefore, the learned Advocate argued that it is not only Unjust but also unfair to allow the examination Of the additional witness at this stage and the learned trial Court ha......mbed at the CMH hospital where he was taken in injured condition. The police after investigation having submitted charge sheet under section 302 of the Penal Code the accused petitioner was placed on trial before the Additional Court of Sessions Judge Dhaka who examined 5 P.Ws. on 28.2.93. The case ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....n the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. (2) The Court may by order grant such injunction, on such terms, as to the duration of t......mp; others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal;......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 ...... issue to the opposite party. Thereupon, the petitioner filed an appeal in the higher forum which was accepted by the appellate Court and injunction was issued till disposal of the application by the trial Court and that order was challenged in revision by the other side mainly on the ground that th..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
.....I.R. 1931 (Calcutta) 359-34; C.W.N. 1175, 52 C.L.J 314; Karsondas Dhunjibhoy Vs. Surajbhan Ramrijpal and others A.I.R. 1933 (Bombay) 450; I.L.R. 58 (Bombay) 200; R.H. Kapur, Partner of Messrs Wright and Co. Vs. Tranyanacore National and Quilon Bank Ltd. A.I.R. 1945 (Madras) 467; 5 D.L.R. 69 A......ttara Bank Limited. instituted Money Suit No. 162 of 1981 on 28.5.81 in the Court of the Subordinate Judge. 3rd Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the allegations, in......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......on died on 8.3.72 leaving behind her husband, Defendant No. 1, 4 sons including Defendants Nos. 2 and 3 and daughters, but the Plaintiff did not make all her heirs parties to the suit. 4. At the trial, P.W.1 Md. Mostafizur Rahman, an officer of the Bank, was examined on behalf of the Plaintiff-..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....rs and she has cast her vote in the last general election. 10. In the meantime the husband of the alleged victim girl Abdul Khaleque filed the case No. 37 of 1992 for the restitution of conjugal rights in the court of the Senior Assistant Judge and the Family Court of Netrokona. The girl, throu......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June...... Referred to- Jahanara Begum allias Jotsna Rani Saha Vs. State and another, 15 DLR 148; Ananda Mohan Banarjee Vs. State, 35 DLR 148; Manindra Kumar Malakar Vs. Secretary Ministry of Home Affairs, 43 DLR 71; Sukhendra Chandra Das Vs. The Secretary, Ministry of Home Affairs and Krishna Pada...... by the opposite party under oath. The Medical Examination report was neither challenged nor denied on the first opportunity. Only thing her father has done is to submit the school certificate to the trial Court to establish her age which she claims to be incorrect. The alleged victim girl further c..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
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