Search Options
Judgment Advanced Search
Displaying 1081-1100 of 5586 results.
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... 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. Emperor AIR 1937......;Opposite Party Judgment July 27, 1993. Result: 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 t......and circumstances of the case invoking the aid of the provision of law of being herself convinced that examination of the witness is necessary for proper adjudication of the case we do not find any illegality or impropriety in the order calling for interference in this revisional jurisdiction. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....nly and sent the same to the plaintiff claiming payment thereof. However, on the claim and counter claim there were several correspondences made between the parties and the matter was hanging without proper settlement. Meanwhile, in November, 1992 the plaintiff filed an application in the prescribed...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J...... approval of Timetables was required to be done twice a year under the provisions of said Act and that stopping of the issuance of the Time-table for the plaintiff vessel by the defendants was bad, illegal, void, without jurisdiction and inoperative. It was alleged that the defendant No. S informed ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....as such, the decree was liable to be set aside. The learned Advocate has also submitted that the borrower having died, the suit should have been filed against all her legal heirs to the extent of the property they inherited from her. but the Plaintiff-Bank instituted the suit against her husband and......DLR (HCD) (1994) 156 ......could not be encased by the Bank; that after her death, the Defendants did not pay any heed to the demands and requests of the Bank to liquidate the outstanding dues; that ultimately, the Bank issued legal notice on the Defendants on 10.4.81 demanding payment of the dues and that the cause of action..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
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. ......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he......tim girl is that she, being an adult woman and not being an accused or a lunatic, is entitled to live freely. If she is kept in custody under the garb of a Court's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and changed her n..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......ed in: 46 DLR (HCD) (1994) 39
......her party. Terms of the contract can be enforced only by the contracting parties and not by third party.
13. Mr. Rokonuddin Mahmood further submits that the company is a separate and independent legal entity M/s. Amin Fish Farm and Industries Limited, namely, the plaintiff may be a share-holder..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
13. Admittedly the d......ofessor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Re......le, awoke the detenu-petitioner in the early hours and served a notice dated 23.3.92 asking him to show cause by 10-00 AM on the same day as to why he should not be deported from Bangladesh and other legal actions should not be taken against him. The detenu-petitioner submitted a reply asserting tha..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....arly, the period from 7.7.91 to 27.7.91 for 20 days, the concerned Judge was on leave as transpired from the order sheet and that period must also be excluded from the period of working days. Thus if proper calculation was done, then the period of working days till the conclusion of the trial would ......(HCD) (1994) 212 ......lusion of the investigation, submitted charge‑sheet as against these appellants and some others under sections 3021 201/ 114/34 of the Penal Code. On receipt of the charge‑sheet and observing all legal formalities, the learned Upazila Magistrate was pleased to send the case records to the Court ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
.... Vs. Chairman, Court of Settlement and another........................Respondents Judgment June 24, 1993. Result: The Rule is made absolute. The listing of the properties in the (Kha) lists of abandoned properties and publication thereof in the Official Gazett......orted in: 46 DLR (HCD) (1994) 18 ......of abandoned properties and publication thereof in the Official Gazette in respect of which notices under Article 7(3) of the President's Order No.16 of 1972 have not been issued will be per se illegal and then the issues whether such properties are abandoned properties or whether the claimants ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....plication for amendment arose out of the following situation. The opposite party instituted the suit for permanent injunction on various allegations against the petitioner. His case was that the suit property along with other property belonged to Nowab Estate, Dhaka and subsequently was managed by C......llip;…………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M ...... 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 ......ted in: 46 DLR (HCD) (1994) 34 ......ser of the suit land by the plaintiffs beyond the statutory period of limitation to the knowledge of the original owners. Khatian Ext. A is found to be erroneous and kabala Ext. C is found to have no legal effect As the plaintiffs have clear title and possession in the suit land the suit is found to..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....orted the submission of Mr. SR Paul and further pointed out that Section 491 of the Code of Criminal Procedure could be taken recourse to by the convict if he can show that he has been illegally or improperly condemned to jail custody. He has referred to section 491 sub‑section (1) (b) and interpr......p;…………Opposite Party Judgment May 11, 1993. Result: Rules are discharged. Cases Referred to- Abdul Quader Chowdhury and others Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Shakiahan Siraj @ Sirajul Islam, 32 DLR (AD) 1;......re the ends of justice. If the criminal proceedings in a particular case is in respect of an offence alleged to have been committed by an accused person and it manifestly appears that there is a legal bar against the institution or continuance of the said proceedings the High Court would be jus..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....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. ......urisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is mad...... the Parliament. The petitioner was released from the detention by order of the High Court Division. He was also enlarged on bail in a specific case. After coming out of the prison he returned to his legal practice and appeared in different Courts. The petitioner was to argue a case on 5.8.91 but he..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....up the position that this writ petition is not maintainable in view of clause (2) of Article 1] 7 of the Constitution read with Part IX of the Constitution as the Administrative Tribunal alone is the proper forum to decide the matter.
12. In support of his submission the learned Additional Atto......nal Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secret......74 as at Annexure‑B so far as it produced the effect of paying different amounts of pension to the pensioners retiring from the same post should be declared to be without lawful authority and of no legal effect with a further prayer to expunge the expression "in respect of the pensioners reti..
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)
....child, the child being only 4 years of age, a petition nature is competent. 4. A number of Indian decisions show that this nature of petition would be competent and handing over the child to the proper custody would mean to set aside the child at liberty. The learned Counsel submitted that in t......: 46 DLR (HCD) (1994) 399 ...... equally competent without sending the petitioner before the Family Court or under the Guardians and Words Act--While dealing with matters referable to the custody of a child, whether the established legal position is that the welfare of the child is of prime Consideration. The provisions of Ar..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....arty was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to possession ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ......ive remedy and all the remedies for the first party being exhausted, the first party is competent enough to come under section 561A CrPC and the court Can assume jurisdiction to see if there is any illegality committed by the court below whose orders have been challenged by the party……..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....y allegedly without regaining her consciousness) and being unconscious she could not have made any dying statement. It was also suggested to Town Sub‑Inspector P.W. 5 Abdul Mannan that there was no proper investigation of the case. The‑first Investigation Officer Sub‑Inspector Ajmain Hossain s......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S......ed by the Court in view of the provision made in Chapter XII of the Legal Remembrancer Manual, 1960 to the effect that every person charged with committing an offence punishable with death shall have legal assistance at his trial and the Court should provide an advocate to plead for the defence unle..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....nce and the main ground upon which the Appeal and Arbitration Committee had rejected the report of recommendation of the Special Managing Committee, namely that the Special Managing Committee was not properly constituted is unfounded. He has submitted from the Annexure‑F series in Writ Petition No......sp; Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........R......ther only one who is affected by an order or a resolution has a right to be heard—Only one who is affected by the order or the resolution has a right to be heard and no one else. When some legal rights have arisen in favour of a certain person as a result of particular order; those rights..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....they had proceeded towards the west. Further, none of the confessions has mentioned or described the bus they boarded for committing the alleged dacoity. Of course, it has been stated that the looted properties in cash and kind were taken away by the dacoits and some booties were distributed to the ...... ...... been observed: “Confessional statement looses its credibility when a condemned prisoner was kept under the charge of a police personnel when he was given time for reflection. Thus gross illegality was committed by the Magistrate while recording the confessional statement which stands vit..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
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. ......nwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………………&h......vate 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 illegal being an act done traveling beyond the power and acting by arrogating to the government functi..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....shy;prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property...... Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others……………………………Re......ead with Ordinance No.54 of 1985. So the Court dismissed the application for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The judgment in..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
89939448944790929005900394568995909890049449905995039496947794909491906094989093