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Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....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 ......submits that since the lower appellate Court has disposed the Miscellaneous Appeal, the impugned order challenged before this court has lost its force and the Rule has become infructuous. 10. In view of the circumstances stated above we refrain from making any comment on the merit of the instan..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.
......iated the money in question.
2. After entering appearance the defendant appellant filed an application under section 34 of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the company. The learned Subordinate..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... 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. ......igned to fill up the defects of the prosecution after the close of the defence case at a late stage in order to bolster up the prosecution or to help the prosecution to fill up the lacuna and in that view of the matter the order of conviction and sentence was set aside and the case was sent back for..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....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 ......ng wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends to remove or dispose of his property with a view to defraud his creditors, the Court may by order grant a temporary injunction to restrain ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....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 ......s governed by Article 120. In this case before us the N.I.T. Certificates were pledged with the Bank in 1971, beyond a period of 6 years from the date of institution of the suit. 11. In our view, neither Article 57 nor Article 120 applies to the instant case. But it is ..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. ...... to be aged over 16 years. She being neither an accused nor a witness in such a case, cannot be held in detention under a court's order and is free to go to any place of her liking. 20. This view has also the support of the decision held in the case of Manindra Kumar Malakar Vs. Secretary M..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
......If the damage is too remote, the affected person cannot claim any damage. The profit shown in the plaint is only speculative. On such a speculative damage the court cannot give an effective decree in view of the fact that the alleged profit has no basis at all.
16. Mr. Khandker Mahbubuddin Ahme..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... 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
......as been filed as Annexure N to the petition.
3. It is the further case of the detenu-petitioner that his detention is wholly malafide and unlawful and it was issued for collateral purpose with a view to harassing him and politically victimising him. There is no activity of the detenu-petitioner..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......conclusion of the trial does not include the delivery of judgment of the case. In the instant case as pointed out, the hearing was concluded on 29.7.91 and the next date was fixed for judgment; so in view of the above decision, the trial in fact was concluded on 29.7.91 but from the calculation shee..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)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......finition of an abandoned property as stated in Article 2 of the President's Order No.16 of 1972 (hereinafter referred to as the said Order), then it is automatically vested with the Government in view of Article 4 thereof on the commencement of the said Order. There may be two categories of aban..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....a farags have since been perfected by the long user 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 ......the principal defendants. The plaintiffs neither claimed to have paid any rent to the Government from 1363 BS till the time of filing the suit in 1382 BS nor produced and proved any rent receipts. In view of the above it is difficult to hold that the said Khatians were not correctly prepared i..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......l proceeding, he was placed under suspension by the office order dated 20.11.82 pending drawn of another departmental proceeding which was although subsequently drawn up but was ultimately dropped in view of the submission of the enquiry report in favour of the petitioner thereafter another departme..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....al Procedure Code cannot be a substitute for an appeal. 7. Mr. Maudud Ahmed has called upon us to assess the evidence and come to a finding that the assessment made by tile Courts below has been erroneous. We are afraid that this is not the scope of section 561 A of the Code of Criminal Procedu......uested to assist the Court as amicus curiae. 3. Mr. Maudud Ahmed, the learned Advocate for the petitioners in Criminal Revision No. 1155 of 92 and 1679 of 92 also requested the Court to have the views of the learned Attorney ‑General in the matter. We have thankfully received their delibera&s..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. ......him that the learned Attorney-General mentioned before the Division Bench presided over by Mr. Justice Anwarul Huq Chowdhury that the petitioner has been removed as a Member of the Bar Association in view of a resolution passed in December, 1990. On hearing the same the petitioner wrote a letter on ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......overnment of Bangladesh; DS; Ram Krishna Dalmia Vs. SR Tendolkar, 1959 SCR 279 at pa 296: (AIR 1958 SC at p. 547 IA; Sharwani and others Vs. Government of Pakistan, 1991 SCMR (Supreme Court Monthly Review) 1041.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advo..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......s void".
16. A presumption of lawfulness exists, in the first instance, in favour of every consideration and the law presumes against illegality to start with. To bring a case within the purview of section 23 of the Contract Act, it is necessary to show that the consideration or object of ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ......sion of filing Revision in this Court and Section 8 of the Ordinance speaks that the order on appeal passed by the Munsif from an order of the Authorised Officer shall be final. 5. Therefore, in view of the Provision of section 9 of the Ordinance this Revisional Application under Section 115(1)..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......ssed. It is contended that the grounds of detention served on the detenu are vague and do not constitute "prejudicial act" as defined in section 2(f) of the Special Powers Act, 1974, with a view to preventing which alone an order of detention under section 3(2) of the Special Powers Act, 1..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... 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 ......r wished to relegate her to the long drawn process of a litigation, decided to proceed with the matter early and directed the minor to be produced before this court on the date fixed and after having viewed the father, the mother and the minor boy we had been happy to see that the boy, who is nearly..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......gent and the management decided to pay the monthly wages fixed in the agreement in addition to what has been fixed as the minimum monthly wages by the Government in the aforesaid notification. To our view, the respondent No. 2 could claim the minimum wages fixed by the Government in the aforesaid no..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
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