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....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.
......rieved by the said judgment the second party appellant preferred this appeal.
6. Mr. Shamsul Alam, the learned Deputy Attorney General appearing for the appellant, submits that the award in question is a nullity in the eye of law inasmuch as the arbitrator was not appointed as per terms of......te 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 short, may be stated as follows:-
The Government of the People's Republic of Bang..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......t in a pending criminal case. If it was merely a matter of impropriety, we would have made it up by adding necessary observation. But there is something more than that. 12. Even while deciding the question of age of the girl, it does not appear that a proper and balanced approach has been made in...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ...... on the basis of report submitted by the petitioner the impugned demand note was issued. From a careful examination of the Demand Note it is seen that it was issued for non‑payment of the amount in question and not issued on imposition of penalty. Sub‑section (2) of the VAT Act reads: “আ......d 26.9.93 issued by the Superintendent of Customs, Excise and Vat, Rangunia Circle, Chittagong for recovery of Taka 4,16,033.00 under section 55 (1) and (2) of the Value Added Tax Act,1991. 2. The facts giving rise to this petition are: The petitioner obtained a licence from Collector of Custo..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
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. ...... the jurisdiction of the criminal Court to draw up proceedings 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 la......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. ..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. ......In all Revisions). Criminal Revision Nos. 88, 89, 90/1987 and 104/1992 Judgment Kazi Ebadul Hoque J. - These 4 rules between the same parties are being disposed of by this judgment as common question of law has been raised in these Rules. 2. In Criminal Revision Nos. 88-90/1987 proceed......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. ..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. ......de on two grounds: (1) that a mandatory provision of the Code of Criminal procedure has been violated by the learned Sessions Judge by not issuing notice to the accused before passing the order in question and thereby denying them an opportunity to be heard. Further, as the impugned order is ille......e opposite party No. 2 to show cause why the judgment and order dated 17.2.91 passed by the learned Sessions Judge, Mymensingh in Criminal Revision No. 475 of 1990 should not be set aside. 2. The facts are, in short, that the Complaint Case No. 263(1) 90 under sections 304/109/34 of the Penal Co..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....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. ......not be sustained in law. It has been further submitted by Mr. Rahim that the learned court below has traveled beyond the scope of the instant suit and unnecessarily embarked upon investigation on the question of the defendant without confining himself to the issue as to whether the plaintiff has bee...... cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment ..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. ......d her in various ways. On 17.3.92, however the petitioner went to her paternal house at Sylhet where she was then residing. At about 10‑00 O'clock in the night in course of exchange of words on the question of payment of the dowry the petitioner got infuriated and physically assaulted her and atte......vocate before the Court No.13 which on that very date “permitted to move (the application) before any other Branch”. Where after the application was filed in this Bench. 7. After narrating the facts about the informant's petition submitted to the Deputy Commissioner and terming the allegation..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....t Attorney General- For the Opposite Parties (In both the cases). Criminal Revision No. 668 of 1994 with Criminal Miscellaneous Case No. 464 of 1994. Judgment Md. Mozammel Hoque J. Since the identical questions of law were raised in these two cases, they were heard together and are being di...... General- For the Opposite Parties (In both the cases). Criminal Revision No. 668 of 1994 with Criminal Miscellaneous Case No. 464 of 1994. Judgment Md. Mozammel Hoque J. Since the identical questions of law were raised in these two cases, they were heard together and are being disposed of ...... relevant portions of those books which we have considered above and some of the portions of the books have been incorporated in this judgment. So, considering the order as a whole and in view of the facts and circumstances as discussed above we, are of the view that impugned orders‑cannot be trea..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. ......f Criminal Procedure which deals with the order of maintenance and how the order can be enforced and this section may be read with the aforesaid Family Ordinances. 18. Now in order to consider the question of maintenance reference may be made to the provisions of section 9 of the Muslim Family La......aid 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 below considered that the plaintiff opposit..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. ......e counter claim was made under the relevant provisions of the Code of Civil Procedure which is applicable in the proceedings of Artha Rin Adalat. In the present Rule the plaintiff petitioner calls in question the legality and propriety of the said order of the trial Court. 6. Mr. Khairul Haque, t......by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of the application, may be stated as follows: 3. The Sonali B..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. ......ll a minor at the time of the hearing of the revision case. It was also noticed that while sending the case on remand the first appellate Court, inter alia, directed the trial Court to examine the question whether the minority of plaintiff‑opposite party No. 2 had rendered the alleged contract......tainable on the ground that the contract, namely the bainapatra, having being entered into with the minor was void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the..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. ......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. ...... any basis for its satisfaction and belief that the confessional statements made by these accused appellants were true and voluntary. 16. Having considered the case on the basis of the evidence, facts and circumstances of the case, we are left with the conclusion that the prosecution has failed..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. ......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. ......to this court may seem fit and proper. 2. Pending hearing of the Rule all further proceedings in GR No.56/91 pending in the Court of Additional District Magistrate, Gopalganj was stayed. 3. The facts, in short, are that on 31.8.91 one Md. Nasir Anwar, Inspector, Bureau of Anti‑Corruption lod..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ...... both of them jointly took settlement of the disputed land from the previous owner but that the petitioner fraudulently instituted Title Suit No. 555 of 1958 claiming his sole interest in the land in question and obtained a fraudulent collusive decree on 15.7.59. The learned Assistant Judge held ana...... in Title Appeal No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the pre..Category: Property Law | Date: 17 May, 1994 | Hits: 3
.... 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
...... on due consideration of the facts and circumstances of the case the order of removal of the petitioner from service on compulsory retirement under Martial Law Order No. 9 of 1982 cannot be called in question and the Rule is liable to be discharged accordingly.
6. Mr. SS Halder, the learned Adv......e Review Committee made in its meeting held on 3.6.92 and the Government was given the liberty to take decision in the meantime.
5. By the time while the matter is taken up for hearing some more facts have been placed by both the parties in their respective affidavits and the said facts are nec..
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 ...... the defendant petitioner challenges the said order of the trial Court rejecting his other grounds of review. 2. Before we take up the matter on merit it would be pertinent to consider the basic questions involved in the matter, namely, whether the Artha Rin Adalat is a civil Court so as to be ......druddin Ahmed with Raquib Ahmed, Advocates‑For the Opposite Party No. 1. Civil Revision No. 9596 of 1991. Judgment Syed Amirul Islam J.— This matter arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the S..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. ......d in a false criminal case and suspended. The writ petitioner obtained an ad interim bail on 7.2.93 from the High Court Division in Criminal Miscellaneous Case No. 252 of 1993 in the criminal case in question, namely, Hajiganj PS Case No.3 dated 16 9.92 nod ever since 7.2.93 he, is not under any dis...... or passed.( Annexure‑3 to the supplementary affidavit‑in opposition of respondent No. 5). The Deputy Commissioner, Chandpur by a Memo. dated 7.10.92 wrote to the Ministry concerned stating the facts of the Hajiganj PS case No.3 dated 16.9.92 and stating also that he gave approval of arrest of..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ...... allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made, as may be necessary for the purpose of determining the real questions in controversy between the parties." 4. This rule 17 has got two distinct parts.......f Civil Procedure has the heading "Pleadings Generally". Its rule 1 defines "pleading" which means plaint or written statement. Rule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
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 ......4 provides that the Government shall communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Now, the pertinent question is, how the said period of 15 days should be calculated. We find no specific provision in t...... an appropriate case and check up the entire provisions of law. Now, in the instant case our concern is whether extension of the detention of the detenu 35 days before its expiry was justified in the facts and circumstances of the case. Human liberty is a very precious thing. It should not be denied..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
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