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Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....of the plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No. 17 of 1992 vacating the order of status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 ......vil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Resu......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 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....ercise of its power under section 115 CPC can suo motu enter therewith and accordingly, we have allowed the application and it is treated as a revisional application.
6. In view of the facts that the plaintiffs application for attachment before judgment docs not disclose any particula......
Abu Sayeed Ahammed J
Israil Hossain ..............................................................Appellant
Vs.
Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Represented by the Managing Director.........................Respondent
Ju......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.
..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... or to pass such order or further order or orders as to this court may seem fit and proper. While issuing the Rule the further proceeding of the Sessions Case No.300 of 1992 was stayed. 2. Short facts of the case which have given rise to the Rule are as follows: Sepoy Fazlul Hoque attached......;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...... 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 the case. Cases Referred ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upon an application for temporary mandatory injunction arising out of Title Appeal No. 51, of 1990. 2. Short facts giving rise to this Miscellaneous Appeal are as follows: The plaintiff-appellant is a pri...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J......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 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....ein that in Order to attract the application of Article 85 of the Limitation Act, it is necessary that the account must be subsisting at the date of the suit. 14. Thus, considering the facts and circumstances of the present case, we hold that the suit is governed by Article 85&nb......DLR (HCD) (1994) 156 ......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 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....336 of 1992 with Criminal Miscellaneous No. 536 of 1992. Judgment KM Hasan J. - The Criminal Revision No.1336 of 1992 and the Criminal Misc. Case No. 536 of 1992 which arise out of the same facts are heard together and disposed of by the judgment. Both the petitions are under section 491 o......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he......e age of the girl the court has depended upon its own impression of the girl's age before giving its final verdict. It further appears that in most of these cases, there is no lack of documentary evidence adduced by both sides but the reliability of all the evidence is in question. Decisions hav..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
......ement as well as the four charter party agreements in between the Joint Venture Company and defendant No.1. Their further case was that the damage as claimed by the plaintiff was not supported by any evidence and it is purely hypothetical and speculative without any basis at all. It was further alle..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order; provided that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose.
18. So, the......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...... 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
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....there was a delay of 22 days in the conclusion of the trial as per the decision cited by him in the case of Nayan @ Fadul Haq Vs. State reported in 38 DLR 415, is wrong and not sustainable in law and facts, Mr. Mamun, the learned AAG, however contends that working days mean the working days of the t......(HCD) (1994) 212 ...... of the 3 accused were obtained by intimidation and torture and hence the same are neither voluntary nor true. 3. The learned Sessions Judge after hearing the parties and on consideration of the evidence and other material on record was pleased to find all the 8 accused except accused Shakina g..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)
.... property. Mr. Shafique Ahmed, the learned advocate for the petitioners, also placed before us those original documents and papers. Section 11 of the Evidence Act runs as follows: "11. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant‑ (1) ......orted in: 46 DLR (HCD) (1994) 18 ......er property till that date and that the petitioners are owning and possessing the property since that date as purchasers thereof become also highly probable and more so in the absence of any positive evidence suggesting otherwise. Thus the findings of the Court of Settlement as quoted above must be ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....t. He placed reliance upon the decision in the case of Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Each case depends on its peculiar facts and circumstances. The case cited by Mr. Rahman is distinguishable. In that case the suit, alt......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)
....relief. The suit as framed is not also maintainable. In the result, the appeal is allowed and the judgment and decree appealed from is set aside and the plaintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. ......ted in: 46 DLR (HCD) (1994) 34 ......ws title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse po..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....ugh he is precluded from filing a fresh suit. 13. Before coming to the conclusion we may state that there is no dispute between the parties that the present writ application is based on the same facts on which and for the same relief for which the suit was filed, that the suit was dismissed for......on) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25, 1993. Result: The Rule is dis......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 ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribunal could be quashed. 2. Before we enter into the facts of the cases the law in this regard has to be closely considered and settled. Since these case......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;......t Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged. In such cases no question of' appreciating evidence arises; it is a matter merely of looking at the complaint or the First Information Report t..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.....91 stating that he is borne on the roll of the Advocates. 18. So, it appears that the Bar Council did not dispose of the appeal in accordance with law and did not apply its mind to the relevant facts necessary for disposal of the matter. It may be mentioned in this connection that the petition......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......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. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....the owners and the employees of newspapers who were affected by the award could challenge it and the Bangladesh Sangbadpatra Parishad had no locus standi to challenge the award of the Wage Board. The facts of that case do not fit in with the facts of the present case and, as such, the principle set ......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......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
..
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
...... (1994) 268
...... liable to be dismissed.
4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the side of the defendant. A number of documents were admitted in evidence on behalf of both sides. On perusal of the evidence on record and taking into consideration..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....on invoking section 3 of the Special Powers Act, 1974 cannot be sustained. 10. We have also seen that in ground Nos.2, 3, 7 and 8 pendency of 4 specific criminal cases has been mentioned and the facts giving rise to these 4 specific criminal cases have been used as grounds of detention. It has ......enu. The order of detention was approved by the Government by an order passed on 18.10.93 under the signature of the Assistant Secretary (Security), Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of 3 months. 3. Thi......ive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses' refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced." The learn..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
....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 the facts of the instant case the matter could be brought to a happy end by handing over the child to th......: 46 DLR (HCD) (1994) 399 ...... 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 ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....g with 15 IRO Cases another IRO Case No. 79 of 1984 was also disposed of by the same judgment but the order in respect of the said case is not the subject matter in the 15 writ petitions. 2. The facts of the case in these writ petitions are as follows: The petitioner in IRO Case No. 78 of ......LR (HCD) (1994) 359 ......of 1961 were not applicable to determine and fix the wages of the petitioners of the IRO Cases and the respondent No. 2 of these writ petitions. 19. After hearing the parties and considering the evidence adduced by the parties the learned Labour Court allowed all the aforesaid IRO Cases and dir..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
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