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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. ......ions Judge and by order dated 27.8.91 passed in Criminal Revision No.199 of 1991 teamed Sessions Judge set aside the said order dated 30.5.91 and directed the Magistrate to proceed in accordance with law. The application is silent on what happened thereafter before the learned Magistrate. Thereafter..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....ment but other materials, i.e. the pleadings of the parties Dr. Zahir contends that the trial Court wrongly found that there was no clerical or arithmetical mistake or omission by mistake so that the provision of section 152 of the Code of Civil Procedure may be invoked. According to Dr. Z......ed certain decisions which we have incorporated above, where it has been decided that a decree may be corrected if it is not in conformity with the judgment. There is no dispute on the proposition of law but it is not the case before us. The case before us is that the ordering portion of the judgmen..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....red this Revisional application and obtained the present Rule. 5. Mr. Korban Ali, the learned Advocate appearing for the plaintiff petitioners, submits that in the Cinematograph Rules there is a provision that when a person files application for no objection certificate, he must give a sketch m......Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all concerned. Absence of a regular permission of the Court renders the proceeding untenable in law……………… (9) Article 14 of the Limitation Act S..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....ase of Subramanya Aya reported in AIR 25 Mad. 61(PC), for a long time it had been the consistent opinion of the Court that section 537 of the Code of Criminal Procedure did not apply to the mandatory provisions including section 155 of the Code. But the subsequent decision of the Privy Council in th......e. 9. A non‑cognizable offence has been defined in Clause (n) of section 3 of the Code of Criminal Procedure where a police officer may not, in accordance with the Second Schedule or under any law for the time being in force, arrest without warrant. An intentional act by a person causing misc..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....at they have put up and displayed election symbols larger than the prescribed size and not the least, they have been using microphones and loudspeakers at every hour of the day without caring for the provision of law or the convenience and inconvenience of the city dwellers. 3. That to create a......ents to show cause why they should not be directed to comply with the direction issued by the Election Commissioner touching upon various acts of the election campaign of the candidates violating the laws and rules before the election to the offices of the Commissioners and Mayor of the Dhaka City C..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 ......alled upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Case No. 1 of 1991 should not be declared to have been passed without any lawful authority and of no legal effect and/or to pass such other or further order or orders as to t..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....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 clause (1) of the agreement, the provision for arbitration is not applicable because the agreement itself became ineffective; and sec......itioners did not inform the court below or the arbitrators about the stay or obtained by them on 5.1.92 and accordingly, held that the award filed by the arbitrators was legal and valid in the eye of law. In this view of the matter, the Rule was discharged. Against this order, the BTFB filed civil p..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... the petitioner asking him to send back the prescribed form within the date fixed for hearing. But the said review matter having not been disposed of during the subsistence of the Martial Law and the provisions of MLO 9 of 1982 or even after the withdrawal of Martial Law and consequent repeal of MLO......en after the withdrawal of Martial Law and consequent repeal of MLO 9 of 1982, the authority is under legal obligation to take up the review petition for consideration and disposal in accordance with law. Mr. Md. Altafur Rahman, the learned Assistant Attorney-General appearing for the respondents, s..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
......ng, inter alia, that he had no malice and did nothing out of ill motive regarding the selling of the goods as per RR under reference and is not liable for the claim brought by the plaintiff under the law and equity. He sold the RRs in question to the plaintiff signifying the despatch of 450 bags of ..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....Bangladesh and the disputed property had been in possession of petitioner's vendor till his sale to the petitioner and the petitioner is still in possession of the same without a notice under the provisions of President's Order No.16 of 1972 and Rules made thereunder the said property cannot......t relates to House No.SW(F)4 Gulshan Model Town, Dhaka and Memo No. Shakha‑9/AP/675 dated 12.5.1988 (Annexure "A (1)") to the petition should not be declared to have been made without any lawful authority and is of no legal effect.
2. Case of the petitioner is that he is, a citizen ..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....sed on admission of guilt. His first contention is, that the accused appellant was a public servant but no sanction was obtained from the Government for his prosecution and hence for violation of the provisions of section 6(5) of the Criminal Law (Amendment) Act 1958, the whole trial was vitiated an......me and there was no illegality or irregularity in the submission of the charge-sheet or in the trial as alleged. 8. I have checked up the record of the case and the provisions of law on the above point and I find much force in the submission of the learned Deputy Attorney‑Gene..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
.... dangers and accidents of the sea or other navigable water;
(d) act of God;
It is no doubt true that perils of sea and act of God are circumstances that exonerate the carrier under the said provisions from responsibility or liability for loss or damage to the goods carried in the ship. But...... 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 and respondents and b..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....tion 93A of the Town Improvement Act, 1953 were served in respect of the aforesaid plots of the land on the owners and after verifying the title of the land major part of the compensation was paid at provisional rate to the original owners who are claimed to be as the predecessors of the petitioners......published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withd..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....obvious, therefore, that a sale by certificated guardian in contravention of sections 28 and 29 of the Guardians and Wards Act is voidable and not void.” In view of the provisions of the Guardians and Wards Act court granted specific performance of contract against the......wing observations: "We cannot see, however, that there is any such distinction to be found from the perusal of the judgment to which I have referred to. The ruling, it seems to us, lays down the law in unequivocal terms and is binding on us. We think, therefore, having regard to this decision t..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....he evidence, he was to record the evidence on administering oaths to the witnesses in compliance of section 4 of the Oaths Act and the evidence having not been recorded in compliance of the provisions of the Evidence Act and the Oaths Act, the so-called evidence on the basis of which decis......ng upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' 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 th..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... entire assessed amount to be paid as compensation, Munsurul Haque, the Principal of the College, has got nothing to do in the acquisition proceeding which was however, started in accordance with the provisions of the Acquisition and Requisition of Immovable Property Ordinance II of 1982. The petiti......d calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the ap..
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 ......man is to be paid on the priority basis. Mr. Ahsanul Kabir 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 fu..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
.... was previously named as Nirmal Chowdhury and who was full brother of the three objectors was not done in accordance with section 480(3) of the Hindu Law. Since this adoption was made contrary to the provision of Hindu Law, the adoption itself was illegal and void and as such this Sudhir Chandra Das......Exts.7 and 15, namely, the two impugned wills, one by Sudhir Chandra Das and another by Trinayani Das, were not the legal documents in view of the fact that those were not executed in accordance with law. Since these two exhibits cannot be accepted in the eye of law as valid documents, the property ..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ppellant. 9. The next point argued by the learned Advocate for the appellant was, that in making the search of the appellant's house for recovery of the incriminating articles, the necessary provisions of law under section 103 of the Code of Criminal Procedure were not complied with. The le...... 9. The next point argued by the learned Advocate for the appellant was, that in making the search of the appellant's house for recovery of the incriminating articles, the necessary provisions of law under section 103 of the Code of Criminal Procedure were not complied with. The learned Advocate..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.... Advocate for the petitioner. Now let us come to the point of not furnishing the enquiry report along with the second show cause notice issued by the respondents to the petitioner. Though there is no provision in the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 for service of a......how cause notice to the petitioner and the previous record of the petitioner having not been taken into consideration before awarding the punishment, the dismissal of the petitioner from service is unlawful……………………..(8-10) Cases Referred t..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
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