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Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......s under section 145 of the Code is ousted as the civil Court is in seisin of the subject matter of the dispute the entire proceeding in question appears to be without jurisdiction. 9. In that view of the matter even in spite of laches of the petitioners to move the Sessions Judge for approp..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....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. ...... “Statutory Corporation”. So Master Industries Limited is a body corporate as mentioned in the aforesaid provision of section 2(b) of the Criminal Law Amendment Act 1958. Therefore, we are of the view that the petitioner as Managing Director of Master Industries Limited is a "public servant" wit..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....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. ...... mandatory provision of section 436 of the Code of Criminal Procedure. As the impugned order is not illegal, the question of subsequent order being illegal does not, therefore, arise. 15. Also, in view of the above, we do not think it is necessary to enter into the questions of an opportunity to ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....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. ......াহতি দেওয়া হইল।” স্বা আঃ ছালাম, এ, সি, এম, এস।” This order of discharge expressly mentions that it was passed in view of the decision of the Government not to proceed further against the accused-petitioner. Therea..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....rt below disbelieved the story of tenancy virtually on suspicion without discussing the evidence on record in its proper perspective and came to the finding that the suit is not maintainable which is erroneous and cannot be sustained in law. 16. Mr. Mihir Kanti Majumder, the learned Advocate of t......he proof in the said title suit No. 41 of 1972 as renumbered from the said original Title suit No.105 of 1968 filed by the said original defendant against the petitioners for temporary injunction. In view of proof of tenancy of said Sirajuddin, the present defendants opposite parties are estopped fr..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. ......plications and that the earlier applications having not been rejected on merit the subsequent application could be pressed on the ground taken in the earlier applications. He also submits that in any view the instant application contains new ground on the question of the jurisdiction of the Court of..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. ...... "Khateman Nabi" has been expressed by the writer and again saying that in the Holy Quran there was the term Khateman Nabi, but not “Khateman Rasul”. This also injured the minds of the Muslims in view of the fact that it is their believe that Hazrat Mohammad (SM) was a Rasul as well as Nabi and ..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. ......urt of appeal below and the decree of the said court is liable to be set aside. 10. Mr. Ahmed Ali, the learned Advocate for the plaintiff opposite party No. 1, on the other hand, contends. that in view of the materials on record and in the facts and circumstances of the case, the court of appeal ..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. ...... that the nature and function of Artha Rin Adalat coupled with its power and authority clearly indicate that it is a special forum of limited jurisdiction and not an ordinary civil Court and cannot review its judgment under the provision or Order 47 rule 1 of the Civil Procedure Code. From the findi..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. ......red into a contract with him, and after taking advantage of such a contract, cannot be allowed to go back from his part of the contract and repudiate it." 11. In taking the aforesaid view the learned Judge relied on a Full Bench case of the Madras High Court, AT Raghava Chariar Vs..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. ......case, we are left with the conclusion that the prosecution has failed to prove the case against the accused appellants beyond reasonable doubt and they should be awarded the benefit of doubt. In this view of the matter, we find difficulty in agreeing with the learned Special Tribunal that the accuse..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)
....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. ......thermore, this application is nothing but a second revisional application in the grab of an application under section 561A of the Code of Criminal Procedure and is not maintainable in law. 11. In view of the above, we find no substance in the connection of the learned Advocate for the petitioner..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....he form of simple declaration without a prayer for partition in respect of unspecified undivided property was not maintainable but yet the learned courts below by misreading the provision of law have erroneously decreed that suit. In support of his argument, the learned Advocate referred to a decisi......sion be actual Possession of his share of the whole or actual possession of part coupled with constructive possession of the remainder, he is entitled to maintain a suit for declaratory relief with a view to remove a cloud on his title created by the act of the defendant disputing his share; in a su..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and 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) 577. ...... the learned Sessions Judge failed to make a proper appreciation of the evidence and failed to consider that there was no chance of recognition of the accused persons in the light of the hurricane in view of the statement in the First Information Report that they started to proceed towards the hut o..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......g him that he was removed from service with effect from 30.4.83 in the interest of the Government. On receipt of the order of removal of compulsory retirement dated 19.5.83 the petitioner submitted review petition through proper channel on 8.4.85 to the President and the Chief Martial Law Administra..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
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 ......y to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled proposition of law that the right to review is a substantive right but this power is not an inherent power. Such a power must be conferred ..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. ......ernment (Union Parishad) Ordinance, 1983 (LI of 1983), sections 15, 16 & 65 Office of the Chairman being that of public representative, it’s deprivation however temporary will be strictly viewed as because the petitioner is available now for running the affairs of the Union Parishad and ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ...... or any other period 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..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 ......ining signature of the victim girl P.W. 5 in the Nikah Register are totally false and manufactured by the informant in collusion with P.Ws. 2 and 6 to harass the appellants. We are, therefore, of the view that the prosecution utterly failed to prove the case against the accused appellants and they a..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......o quash a proceeding he can move this Court directly without going through the intermediary proceeding before the Sessions Judge under sections 435/438 of the Code if the petition falls within the purview of section 561A of the Code as has been done by the petitioner in this Rule. Since the petition..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
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