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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 ......as returning home after attending her coaching class from the house of her tutor P.W.4 Md. Hanif. From the evidence of P.W. 4 it is clear that he was not the tutor of the victim girl and there was no question of her going to his house for that purpose. Though the informant made out a case of enticin......he F.I.R. and I.O. P.W. 8 it is clear that they were suppressing evidence of real age of the victim girl specially her birth register and report of her medical examination about her age. In the above facts and circumstances it is difficult to rely on the evidence adduced by the prosecution and to br..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. ......essions Judge has got power under section 438 of the Code of Criminal Procedure to make a reference to this Court for quashing the proceedings of Misc. Case 74/91 and PR 35/91 we shall revert to that question after considering the merit of this application. It appears from the application filed befo......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. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......ng their own properties which very well indicate that the insertion of word 'Ka' in the ordering portion of the judgment is a mistake committed by the trial Court. He further submits that the question of foreclosure comes when a property is mortgaged and in this case 'Kha' schedule p...... is no denial of the fact on the mortgage of 'Kha' schedule property with the plaintiff and the leasing out of the machineries to them on rental basis.
10. Now with this back drop of the facts let us find out whether the trial Court has committed any error or there is any accidental sli..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......d it appears that the regular permission of the court after giving due notice to the other side was not given to the plaintiffs and as a result this is an inherent defect of the suit. Considering the facts and circumstances of the case, we are of the view that this is not a fit case where we should ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rriage of a woman has been shown as a non‑cognizable offence in the Second Schedule of the Code Criminal Procedure. 10. Now that the petitioners are charged with a non‑cognizable offence the question arises whether the proceeding against the petitioners pending in the Court of the learned S......n Magistrate, District Magistrate or Sub‑divisional Magistrate and any other Magistrate specially empowered in this behalf, may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence; (b) upon a report in writing of such facts made by any pol..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......tted that if there be any breach of law and rule, there is specific remedy under the law and on that ground the ensuing election should not be postponed. 11. As the respondents did not raise any question of the locus standi of the petitioner the question has been kept open. As to the direction ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......e before the Election Tribunal and the Tribunal is satisfied from evidence on record that recounting is indispensably necessary for deciding the case. 11. Election Tribunal has power to decide a question before it rightly as well as wrongly. A court of appeal can only correct a wrong decision m...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......, the Rule was discharged. Against this order, the BTFB filed civil petition for leave to appeal No. 368 of 1992. Their Lordships of the Appellate Division did not grant leave to appeal leaving these questions for decision by the learned Subordinate Judge. These questions are: first, whether as per ......nate Judge without receipt of any order of stay and similarly the arbitrators having received no such stay order and ultimately the Rule having been discharged by the Division Bench, we find that the facts of the instant case are quite different from those of the two cases referred to by the learned..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......iew committee at the time while MLO 9 of 1982 was in operation and the said matter was not decided or disposed of during the subsistence of the Martial Law and the said right is still subsisting. The question as to whether the review petition filed during the subsistence of MLO 9 of 1982 and for tha......t of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The facts given out in the application, in brief, are as follows: The petitioner was appointed to t..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......r Ambikapur railway station defendant No. 4 to let him know the position of the consignment of the RR and in return defendant No. 4 by letter No. M/4468 dated 19.6.68 informed that the consignment in question was not in his possession. Thereafter the plaintiff made personal enquiries but the defenda......tness was examined on behalf of the defendant No. 5. Contesting defendant Nos. 2-4 did not examine any witness to support their contention.
7. The learned Subordinate Judge after considering the facts and circumstances of the case and evidence on record decreed the suit on contest with costs ag..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......g an abandoned property within the meaning of President's Order No.16 of 1972 and no notice having been served upon him treating the disputed property as an abandoned property and in the peculiar facts and circumstances of this particular case that the petitioner having no means of knowing about..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......n the submission of the learned Deputy Attorney‑General for the State and find no substance in the contention of the learned Advocate for the appellant. It may however be noted that no point on the question of sanction or submission of the charge- sheet was raised before the trial Court by the def......tion of the Criminal Law (Amendment) Act, 1958 it appears that: "Notwithstanding anything contained in this Act the Special Judge may convict any accused of any offence which from the facts admitted or proved he appears to have committed." As has been stated above this appe..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......ready for want of the lower court records which are reported to be not traceable we directed by order dated 1.11.93 that these four appeals will be decided leaving out MA No. 48 of 1970. Since common question of fact and law is involved in these four appeals substantially between the same appellant ......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......rent the lands under requisition claimed by the petitioners appertain to the same mouza Joar Shahara No. JL No. 271 and the facts stated in all the three Writ Petitions being same and similar and the question of law involved being common, all the Rules are heard together and disposed of by this judg.......
2. Though the petitioners in the above three Writ Petitions are different the lands under requisition claimed by the petitioners appertain to the same mouza Joar Shahara No. JL No. 271 and the facts stated in all the three Writ Petitions being same and similar and the question of law involved..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......nt in the suit premises. We, therefore, find nothing to disagree with the court below that defendant No.1 executed the agreement Ext 1 on receipt of Tk. 1, 00,000.00 as earnest money. 8. Now the question is whether defendant No.1 was competent to execute the agreement Ext.1 for sale of the shar......ars from application dated 29.1.86 for permission to sell. 670 Ajutangsha of land of the suit plot permission was sought to sell the same at Tk. 56,000.00 without naming the buyer. Relying upon these facts the learned Advocate for the respondent strenuously argued that since the defendant No.1 got h..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......e in a strictly legal manner as could be done by a Judge trained in law.
16. In the case of Maclean Vs. Workers' Union reported in Chancery Division 1929 page 602, relevant page 628 and 621, question arose as to whether the decision can be attacked on the ground that there is no evidence (a......39; shall not be declared to have been passed without lawful authority and is of no legal effect, or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts of the case, briefly, are as follows:
The petitioner joined the Police Department as a Co..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......rred before the District Judge, Noakhali being Miscellaneous Appeal No. 58 of 1986, which is still pending and it is not correct that there is any residential building or shed on the acquired land in question in plot Nos. 3730 and 3731 except big tin shed wherein the College has been functioning. Th....... The petitioner however, did not submit any claim or objection on receipt of the notice under section 6 of the Ordinance as to ascertain the quantum of his land affected in the plots or reported any facts before the land acquisition staff at the time of joint verification in the field on 24.5.1986â..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......placed reliance in the case of the Eva reported in (121) P 454 to substantiate his contention of the payment to the seaman. The principle of law enunciated therein does not admit of any doubt but the question is whether the bank guarantee furnished as security for the satisfaction of the decretal am......ise because of the expression "Except as otherwise provided employed" in the aforesaid passage. 3. Accordingly, this application is rejected. No order as to costs. However, in the facts and circumstance of this case, I direct the parties to take necessary step for djsposal of the..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ...... house of the said accused to do her usual work. So her involvement in the case was absolutely false. 4. The learned Additional Sessions Judge on consideration of the materials on record and the facts and circumstances of the case was pleased to find accused‑appellant Ashok Kumar Saha guilty ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......rity from the impression created by the report of the enquiry officer. In the instant case we have already seen that the second show cause notice was served by the authority to the petitioner but the question is whether non‑receipt of the report by the petitioner has caused any prejudice to him in......and the order of dismissal from service was passed by the authority after consideration of the enquiry upon. The last point submitted by the learned Advocate for the petitioner to the effect that the facts and circumstances of another case being Complaint Case No. 36 of 1990 has been mixed up togeth..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
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