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Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....cost of several lacs. After liberation of Bangladesh, management of the said three holding was taken over by the Ministry of Industry and Commerce. Subsequently, the Ministry of Industry and Commerce sold the disputed holdings to the appellant, Bangladesh Muktijoddah Kallyan Trust by a Registered De......e, particularly when the plaintiffs’ own case is that their offer was subject to discussion and decision by the defendant? 14. ‘Earnest’ or ‘earnest money’ which in common parlance is called ‘Baina’ is that amount which is given at the time when the contract is concluded. It is s......l over looking that the offer of the plaintiffs having not been accepted, there was no question of any promise even, not to speak of consideration which follows promise. Mr Islam also argued that the trial Court wrongly held that by encashing the Bank draft, the appellant had accepted the proposal. ....... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........Respondents Judgment November 6, 1997. Result:..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
....Chowdhury J.- This Rule was issued calling upon the Respondent to show cause as to why the detenue Mahbubuzzaman alias Bhulu now detained at Dacca Central Jail should not be brought before this court so that it may satisfy itself that he may not be held in custody without lawful authority or in an u......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......Chowdhury J
Abdul Matin Khan Chowdhury J
Miss Rowshan Ara Ahmed.................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent
Judgment
August 24, 1977.
Result:
The Ru..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
.... it has been noted on 26 5.77 under, the seal of the Subordinate Judge Rajshahi that no such case as Title Suit No. 102 of 1962 was filed. Mr. Kazi Abdul Wahab, the learned Deputy Advocate-General, also could not tell us definitely if this case was ever filed nor could he challenge the said Enquiry ...... call in question the proceeding of Screening Commutes was barred and order made by the President under sub-clause (b) of clause (5) of Article 6 of the Laws (Continuance in Force) Order could not be called in question in any Court. Chief Justice Munir at page 120 formulated the principles by which ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......ed by the accused-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....unal case No. 31 of 1992 convicting the accused-appellants under sections 4(B) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing each of them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 10,000.00 in default to suffer rigorous impris......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466....... The informant lodged ejahar on the next day i.e. on 25-1-92 at 9-45 AM with the Kotwali police station. Police after investigation submitted charge sheet against the accused appellants. 3. During trial charge under sections 4(B)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 wa......charged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
....he Nari-O-Shishu Nirjatan (Special Provision) Ain, 1995 (XVIII of 1995), Section 17 The Nari-O-Shishu Nirjatan Adalat was not correct in rejecting the charge sheet and discharging the petitioners solely on consideration of the victim’s girl’s affidavit and medical certificate as to her age. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......t the refusal to take cognizance has been based solely on consideration of the allegedly victim girl’s affidavit and medical certificate which are in the nature of defence of the petitioners at the trial. No finding has been given by the said Adalat that the FIR and the charge sheet and the examin...... ..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....ause as to why the proceedings in Special Case No.45 of 1993 arising out of Lalbagh police station case No.21(12)/91 now pending in the Court of Special Judge and 3rd Additional Sessions Judge, Dhaka so far it relates to the 4 petitioners namely, Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozi......able at running page 36 of the petition. 6. From Annexure-C it appears that the Chief Metropolitan Magistrate before disposal of the afore-mentioned petition of the Assistant Superintendent of CID called for the opinion of the Public Prosecutor and Public Prosecutor gave his opinion to the effect......ated by Fazlur Rahman of Lalbagh police station who submitted charge sheet against 2 accused persons under sections 467/468/471/409/109 of the Penal Code and the case was yet to be transmitted to the trial Court (Special Judge). The CID Inspector then stated that the case was not properly investigat......lso Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... 4tannel Tunnel Group Ltd. Vs. Balfour Beatty Ltd., 1993) 1 All ER 664 (682); Tzortzis Vs. Monark,(1968) 1W LR 406 (409); (See Hamlyn and Co. vs. Talisker Distillery (1894) AC. 202, HL and, also Campagnie d Armement Maritime SA Vs. Compagnie Tunisienne de Navigation SA (1970) 3 All ER 71 HL......on of law in respect of various contractual components, say, one for mutual rights and obligations, another for arbitration and its procedure, the ‘curial law’ of the arbitration as it is often called. The position is summarized in Halsbury’s Laws of England,4th Edn., Vol. 8, para 592, p. ......ka praying for completion the arbitration proceedings which went upto the High Court Division through the process of appeal and revision resulting in an expiry of the order status quo passed by the trial Court. On 26-4-94 the appellant received a letter from the Arbitrator intimating that in vie...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....ther went to Mehendiganj police station on 25-9-96 for lodging First Information Report and this opposite party, Officer-in-Charge, refused to record the First Information Report against the three persons. It is alleged that on 26-9-96 again the petitioner and her father requested the opposite party......tter of courts order and court cases. This Judgment of ours will not prejudice either of the parties in the criminal case which was instituted by the present petitioner. 9. In this connection we called for an explanation from the learned District and Sessions Judge, Barisal who is the Special J......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......ehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal and why he should not be punished accordingly. 2. In this case one Subbatara Begum is the petit..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ts paid rent to the donee. And the petitioner before me instead of paying rent to the donee started depositing rent of the suit premises to the Rent Controller after filing a Rent Control Case. And also filed an application for permission to repair the shop‑room. In such a situation the donee inst......d affidavit‑in-opposition to contest the Rule but therefrom I do not find any statement that the decree passed in the SCC suit has been satisfied in any Execution Case. Be that as it may, I am called upon to examine whether the impugned order refusing to review the case dismissed by the learn......ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......stions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 of 1984 has occasioned failure of justice and whether this Rule has become infructuous for satisfaction of the decree after the leave petition..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....her husband and another namely, Syed Ali Sardar alleging that as the husband of the informant does not maintain her she used to work in a rice mill of one Faruk Shaheb at Palpatti in Rajbari. It is also her case that accused Syed Ali Sardar used to propose her for illicit connection which she did no......pose her for illicit connection which she did not agree and on 15‑4‑96 at about 9‑30 P.M. while she was passing by the side of the house of Jalil Pramanik on her way to her house Jalil Pramanik called her to his house where she. found accused Syed Ali Sarder sitting. Then Jalil Pramanik and hi...... refers to a stage of mental condition to which a Magistrate or a Judge decides upon taking necessary steps to initiate a judicial proceeding against a person accused of an offence for placing him on trial with a view to determine the truth or otherwise of the accusation. Here in the present case FI......………………..................Respondents Judgment August 14, 1996. Result: The appeal is dismissed. The Nari-O-Shishu Nirjatan Daman Ain, 1995, is a selfcontained law and the provision of the Code of Criminal Procedure may be taken in the aid of but not derogatory to..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....eral smuggling cases for which he was appreciated by the superior officers and was rewarded in many cases including the sensational case of Men‑Suru‑Miah: with a prize of Taka 15,000.00. He was also rewarded in 1976‑77. On his attainment of the age of superannuation, the petitioner applied for......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......) is to the effect that all proceedings of Summary Martial Law Courts shall immediately after the termination thereof be submitted to the Zonal Martial Law Administrator within whose jurisdiction the trials were held for review. This Regulation was further amended by MLR IV/86 and the words "be subm......ion (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents &nb..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Enayet Vs. State, 1996, 25 CLC (HCD)
....bunal Case No.22 of 1992 on 30‑11‑93 for commission of the offence under section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. He has been sentenced to suffer 5 years RI and also to pay a fine of Taka 2,000.00 in default to suffer RI for 3 months more. 2. The prosecution...... charge under section 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 has not been proved against accused Enayet. It is only said that on the asking of accused Shaheen accused Enayet called a rickshaw and the moment the rickshaw was called in both Nasrin and accused Shaheen boarded ......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......dvocate ‑ For the Appellant. SA Hasan, Assistant Attorney General ‑ For the State. Criminal Appeal No.2493 of 1993. Judgment Qazi Shafiuddin J.- Accused Enayet has been tried and found guilty by the Senior Assistant Special Tribunal, Barisal in Special Tribunal Case No.22 of..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....is directed against the judgment and decree dated 30.11.1992 passed by the Subordinate Judge, First Court, Dhaka in Miscellaneous case No.71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan Hossain Khan, rule of the Court.
2. The relevant facts, in s......ant in the instant case. Mr. Pal further submits that the appellant now also cannot argue on the validity or legality of the award inasmuch as in their alleged written objection they had in fact only called in question the quantum of Taka 16 crore and odd as awarded by the Arbitrator and prayed......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
...... Techno Consult Limited; 1988 BLD 364; 6 DLR 473; ILR 13 (ALL) 300; 8 DLR 305.
Lawyers Involved:
Shamsul Alam, Deputy Attorney-General-For the Appellant.
S.R. Pal with Abdul Quium and M.A. Noor-For the Respondents.
First Miscellaneous Appeal No. 82 of 1993.
Judg..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
....ondents Judgment January 31, 1996. Result: The appeal is allowed. Physical appearance may not always provide a correct guide for ascertaining the age of a girl child who is growing up. In some cases physical development may take place which may be regarded as precocious while in some oth......at the learned Judges had preferred the consideration of the matters before them by observing that “in both the Rules we are to decide as to whether the victim girl is a major or not and we are not called upon to make any comment on the merit of the case at this stage” and then finding that “s......ical appearance, which could be deceptive, that the girl was above 18 years of age and that the High Court Division failed to pass a proper order in the interest of the minor girl and also for a fair trial for the grave offence committed by the accused persons. 11. It appears from the impugned ju...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Masum and others Vs. State, 1996, 25 CLC (HCD)
....o.14 Abdul Jalil is dismissed with the modification in the sentence. The appeal relating to the other appellants is allowed. An injured witness is not expected to name the wrong assailant so as to shield his real assailant. Even in a murder case witness can be partly believed and partly ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ......, Assistant Attorney‑General - For the State. Criminal Appeal No.1700 of 1992. Judgment Mohammad Gholam Rabbani J.- Twenty two accused including the fifteen appellants were placed on trial before the Court of Sessions Judge, Chuadanga, in Sessions Case No.38 of 1992. All the accused...... Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
.... Rules. 2. In Criminal Revision Nos. 88-90/1987 proceedings of Special Case Nos. 60-62/1986 pending in the Court of the Special Judge (2nd Court of the Additional Sessions Judge) Dhaka are being sought to be quashed. On the other hand, in Criminal Revisional No. 104 of 1992 proceedings of Petit......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......visions of any other law. Even if accounts of the company were audited and approved by the share-holders the same cannot exonerate the persons in exchange of the management of the company from facing trial on the allegation of misappropriation of the fund of the company by falsification of accounts ......s. Azizur Rahman & another....................Opposite‑Parties Judgment August 13, 1995. Lawyers Involved: Md. Abdul Malek with Iman Ali, Amatur Noor Begum, AHM Mostifiqur Rahman and Binod Kumar Agarwala, Advocates-For the Petitioner (In all Revisions). SR Paul with Bazlur Ra..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
.... Vs. State and others..............................Opposite party Judgment August 1, 1995. Cases Referred to- Appa Rao Mudaliar Vs. Janakiammal, AIR, 1927 (Mad) 19 (FB); Cricket Association of Bengal and others Vs. State of West Bengal and others, 1971 Supreme Court Cases (Cri) 4......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... is liable to be discharged. 6. Lastly, he submits that the learned magistrate took cognizance on 22.10.91 and the petitioners filed this petition on 27.10.91 without first surrendering before the trial Court and, as such, the rule is liable to be discharged. 7. Section 436 of the Code of Crim...... This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... Courts for settlement of the dispute the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecution, that in the meantime defendant Nos. 1‑4 illegally transferred some portion of the suit property to defendant Nos.5‑11 who were fully aware of the bainapatra ex...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......etting aside those of the Subordinate Judge, Munshiganj dated 31.5.84 in Title Suit No. 5 of 1984 rejecting the plaint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents i......ion (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Amir Hossain Khairati being dead his heir: Altaf Hossain and others .........Appellants Vs. Abdul Aziz Bepari and others...................Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....Maulana MA Mannan and 2 Others.........................Petitioners Vs. State........................Opposite Party Judgment November 22, 1994. Result: The Rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala and State, 14 DLR (SC) 96......ilure of the prosecution to adduce any evidence in spite of several opportunities. The complainant moved the Sessions Judge in revision for setting aside the order of discharge and the Sessions Judge called for the records. During pendency of the proceedings before the Sessions Judge, the same Magis......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. ...... 48 DLR (HCD) (1996) 218. ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment of the defendants opposite parties on the ground that Sirajuddin Mollah, the predecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violate......ti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. Civil Revision No. 2526 of 1992. Judgment Syed J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Seni......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. ......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
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