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MA Malik Vs. State, 1994, 23 CLC (HCD)
....f the offence alleged but also we are convinced that if the petitioner were to be arrested and or refused bail such course would be all probability be taken not from motives of furthering the ends of justice but from some other motive with the object of injuring him causing irreparable harm to his r......he petitioner on 11.10.91 for a dower of Taka 5,00,000.00. But it shortly transpired that the petitioner was a greedy man of loose moral character. The other two accused persons instigated him and he accordingly, put pressure upon her to bring dowry of Taka one crore from her father and started her ......n and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhury Deputy Attorney‑General with Syed Abu Kowser, Advocate-For the State. Criminal Miscellaneous Case No.140......eft for her father’s house at Sylhet for her better treatment there. However the petitioner refused to come to a compromise before payment of the dowry. At last she received from the petitioner’s lawyer a notice dated 21.11.92 demanding a huge amount, to which she sent a reply. It may be added, ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....g their views, the Government ought to have issued show cause notice before passing the order of forfeiture and since no prior show cause notice was issued, this has violated the principle of natural justice. The learned Deputy attorney-General, on the other hand, submits that in a case like this th......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. .............Petitioner Vs. State……………………………………………………………Respondent (In Criminal Revision 668 of 1994) Judgment August 16, 1994. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh 40 DLR 359; Bangladesh Anjuman-e-Ahmedia Vs. Secretary, Minist...... 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 by one judgme..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....aw in passing the decree for the entire amount of dower money in the absence of any evidence that the marriage had been dissolved and which has resulted in an error in the decision causing failure of justice. The learned lawyer further submitted that the lower appellate Court misdirected itself in n......expenses and value of gold ornaments, against the petitioner and the defendant opposite parties 2‑4. 3. The case of the plaintiff opposite Party No.1 was that she was married with the petitioner according to shariat and under the Muslim Family Laws Ordinance on 11.11.83, by a registered Kabin n......r J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6t...... moved this Court and obtained the present Rule. 8. Mr. Amir Hossain, the learned Advocate appearing for the petitioner, has firstly submitted that the lower appellate court has committed error of law in passing the decree for the entire amount of dower money in the absence of any evidence that t..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. ......any set off or counter claim in a suit tried by it. After a review of the aforesaid decisions and the provisions of the Act we find that the submissions of Mr. Khairul Haque have got substance and accordingly, the Rule is made absolute. The impugned order dated 12.11.91, so far as relates to the ......irul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- Mr. Zahlrul Islam Vs. National bank Ltd. and others in CPSLA No. 251 and 318 of 1993 1994 (11......not entertainable. 7. Mr. Hasan Arif, the learned Advocate, who appears for the defendant opposite parties, submits that Artha Rin Adalat Ain, 1990 (hereinafter called the 'Act’) is a procedural law and it does not create any forum i.e. Artha Rin Adalat has got no independent existence of its o..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. ......here was no mutuality; and that consequently the minor could not obtain specific performance of contract. Following the said principle the learned Judge found that the suit was not maintainable and accordingly, made the Rule absolute in the revision case and affirmed the judgment and decree of t...... Ramani Kanta Malo and another.......................Defendant‑Respondents Judgment July 25, 1994. Result: The appeal is dismissed. Cases Referred to- Ashraf Ali Vs. Elim Ali and others, 11 DLR 185; Rajubala Dasi Vs. Nidhuram Pandit and o......forced against him, such a contract is enforceable by the minor, as it is a contract for the benefit of the minor, such as completed by sale or mortgage in favour of the minor and is enforceable in law ..........It is true the contract in which the minor is a party cannot be enforced against 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. ...... victim girl was a willing partner to the process of sexual intercourse. The other discrepancy is about who committed the rape first and was followed by whom and this sequence of the process of rape, according to Mr. Farid Ahmed, learned Panel lawyer for the State, is immaterial, because in a gang r......……………………….....................Respondent July 3, 1994. Result: The Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are allowed. Case Referred to- State Vs. Abdur Rahim Sikder, 10 DLR 61. Lawyers Involved: &nbs......asionally Morium did household work in that house. Morium did not return home on the next morning and at 7‑00 A.M. of the morning (Monday) the dead body of Morium was found by P.W.4 daughter‑in‑law of P.W.1, in a ditch to the south east of the house of informant (P.W.1) and on hearing the hue ..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. ...... to be quashed". This decision has arisen out of the following fact: The complainant opposite party filed a petition of complaint alleging, inter alia, that he was married to the petitioner No.1 according to Hindu religious rites and they had a child out of their wedlock. At the time of marriag......li Khandaker............................Petitioners Vs. State, Md. Harmuz Ali Mollah…………………………………….Opposite Parties Judgment June 9, 1994. Cases Referred to- Abdus Salam Vs. State, 36 DLR (AD) 58; Golam Jilani Vs. Govt. of West Pakistan, 19(SC) 426; M......tion. 10. Furthermore, this application is nothing but a second revisional application in the grab of an application under section 561A of the Code of Criminal Procedure and is not maintainable in law. 11. In view of the above, we find no substance in the connection of the learned Advocate fo..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....that both the courts below by misreading the facts and evidence, decided both the suits in favour of the opposite party and thus this decision of the learned Subordinate Judge has caused a failure of justice to the plaintiff‑petitioners. 8. Mr. Mihir Kanti Majumder, the learned advocate appea......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 ......llip;…………………………Opposite Parties Judgment May 17, 1994. Result: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta a......1986 in the form of simple declaration without a prayer for partition in respect of unspecified undivided property was not maintainable but yet the learned courts below by misreading the provision of law have erroneously decreed that suit. In support of his argument, the learned Advocate referred to..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and 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) 577. ......ricane burning on a table in between the two chowkis. P.W.13 SI Mainuddin Ahmed seized alamats as per seizure list, Ext.2, which mentions one used hurricane (small in size). In the dying declaration, according to P.W.2 and P.W.6, deceased Mohammad Ali mentioned the names of the six appellants and ac...... convicting appellants Abdul Kader alias Kada, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before...... has been filed by the six convicted accused. 3. Mr. Khondker Mahbub Hossain, learned Advocate for the appellants, had assailed the impugned Judgment and order of conviction and sentence as bad in law. He submits that the learned Sessions Judge failed to make a proper appreciation of the evidence..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
.... 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
......rum to deal with the pending review application in appropriate cases for onward transmission with recommendation, if any, to the President for consideration and approval. The Ministry of Home Affairs accordingly created a forum and the said forum by its reports dated 3.6.92 recommended for the reins......
Result:
The Rule is disposed of.
Lawyers Involved:
SS Halder with Rabindra Ghose, Advocates‑For the Petitioner.
Mashuque Hossain Ahmed with Abdul Mannan Bhuiyan, Assistant Attorneys‑General‑For the Respondents.
Writ Petition No. 1350 of 1989.
Judgment
Hab......C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this c..
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 ......by deducting Taka 27,830.00 from the decretal amount as the said amount was admittedly received by the plaintiff Bank on account of the petitioner from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Repo..................................Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the......as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled proposition of law that the right to review is a substantive right but this power is not an inherent power. Such a ..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. ......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. ......……Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appeal is dismi......rman of No. 1 Rajargaon (North) Union Parishad, PS-Hajiganj, District Chandpur under section 65(f) of the Local Government (Union Parishads) Ordinance, 1983, shortly the Ordinance, was passed without lawful authority and to be of no legal effect. 2. The writ petitioner-respondent No. 1 contende..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....of alteration or amendment or both of any other sorts in the pleadings, absolute discretion rests upon the court. This discretion, however, must not be arbitrary or vague or fanciful so as to cause injustice, but must be sound, legal and regular. Rule 17 itself directs that this discretion is to be ......ites that she would obtain for 19,03 from the Government. So far as the sites of 1902 were concerned the contract was duly satisfied. But with regard to the 1903 sites difficulties arose. Ultimately, according to the plaintiff's pleadings, the defendant in 1912 verbally promised to give three si...............Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) ......uit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscribed by the law of limitation in the following cases even on expiry of the period of limitation‑ (i) to c..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 ......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 ......March 10, 1994. Result: The Rule is made absolute. Grounds of Detention The Government shall under Section 8(2) of the Special Powers Act 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mand......the opposite parties to show cause as to why the detenu Md. Asadur Rahman @ Nabi Hossain, now detained in the Dhaka Central Jail should not be brought before this Court to be dealt in accordance with law and/or such other or further order or orders passed as to this Court may seem fit and proper. ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
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. ......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. ...... Vs. Mainuddin Hossain Chowdhury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. ......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
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......ss of lease finance of machineries rented by industrial concerns under standard lease agreements. That opposite parties 1-4 leased out machineries mentioned in 'Ka' Schedule of the plaint and according to the lease agreement, the opposite party was to select the machineries and arrange for i......er
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve B......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
....interfere with the judgment and decree passed by the Lower Appellate Court in view of the fact that the learned Additional District Judge has not committed any error of law occasioning any failure of justice in this case. 10. In the result, the Rule is discharged without any order as to costs a...... 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 ......e Code of Civil Procedure a representative suit can be filed with the permission of the Court. The 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 l......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)
....anything in the section itself to give it a restrictive meaning, may now be taken to cover the error, omission or irregularity in the widest sense of these terms provided there has been no failure of justice. A similar view has been taken in the case of Madhya Pradesh Vs. Veereshwar Rao Agnihotri re......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. ......ellip;…………………………Opposite Party Judgment February 3, 1994. Result: The Rule is discharged. Cases Referred to- Abul Hossain Vs. the State 35 DLR 200; Abdur Noor alias Noor Miah Vs. State, PLD, 1958 (Dac......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)
.... spite of the directions issued by the Election Commission to the respondents Nos. 3 and 4 the violations alleged by the petitioner have not been mitigated and he ultimately served a notice demanding justice on the respondents on 19.1.94. Since the respondents did not respond to the demand he moved ......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 ......ip;…Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the State. Dr. Ahmed Hussain, Advocate&mda......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)
.... succeeded to make out a prima facie case pressing home the fact that there might have occurred errors and mischiefs in the counting of votes and consequently I am of the opinion that for the ends of justice the votes be recounted in these 12 centres." It is true that Election Tribunal did......apers were not accounted for. 3. The petitioner contested the said election petition by filing written statement denying the allegations and asserted the election was held and votes were counted according to law and rules and there was no illegality and irregularity in the same and the polling ............Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule is discharged. Cases Referred to- 27 DLR 594; (27 DLR (AD) 117, 31 DLR (AD) 296; 32 DLR (AD) 186; 38 DLR (AD) 275. Lawye......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
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