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Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.... 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......resent: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Case No. 464 of 1994) Dr......two cases, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
.... 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......ivil Revisional Jurisdiction) Present: Syed JR Mudassir Hussain J M. Bazlur Rahman Talukdar J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred t......n of section 7(1) of the Muslim Family Laws Ordinance, 1961 was not complied with and the provision of section 6 of Muslim Marriage and Divorce Act, 1974 has no manner of application in this case. In order to consider this point it is necessary to refer to the aforesaid provisions of law. 12. Sec..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....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......ision (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- M......Advocates- For the Opposite Parties. Civil Revision Case No. 9718 of 1991. Judgment Syed Amirul Islam J. - This revisional application at the instance of the plaintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, i..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....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 ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Julhash Mollah (Md.) and another.......................Plaintiff‑Appellants Vs. Ramani Kanta Malo an......nforceable at the instance of the minor. We have, therefore, found no reason to interfere with the decision 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. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....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 ...... Reported in:49 DLR (HCD) (1997) 573. ......f 1992 With Criminal Appeal No.494 of 1992 Judgment Md. Abdul Karim J.- Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are directed against the Judgment and the order dated 28‑3‑93 passed by the learned Additional Sessions Judge and Special Tribunal, Chitta..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)
....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......s Case is also Reported in: 48 DLR (1996) 55. ......For opposite Party No.2. Criminal Revision No. 642 of 1993. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Gopalganj and opposite party No.2 to show why the order dated 4.8.92 passed by the Thana Magistrate, Kasiani in Kasiani Police Station Case No.7(8)91 ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....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......also Reported in: 46 DLR (HCD) (1994) 419 ......e by passing the impugned judgment. I, therefore, find that the impugned judgment does not call for any interferenceby 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 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
.... 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......lso Reported in:49 DLR (HCD) (1997) 577. ...... For the Appellants. Md. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Criminal Appeal No.1026 of 1991. Judgment Md. Abdul Karim J.- This appeal is directed against the Judgment and order dated 17‑6‑1991 passed by the learned Sessions Judge, Jamalpur, in Sessions Case No.58 of ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....‘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......‑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 court may seem fit......ondents.
Writ Petition No. 1350 of 1989.
Judgment
Habibur Rahman Khan J.—This Rule Nisi was issued by this Court calling upon the respondents to show cause as to why the impugned order dated 19.5.1983 vide Annexure‑C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Af..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....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 ..............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 Act provides that t......e 1 of the Code of Civil Procedure for reviewing the judgment on the ground that several amounts on different heads were required to be deducted from the decretal amount. By the impugned judgment and order dated 27.7.1991, the trial Court rejected all the grounds of review except one, which is that ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....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...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ......tent finding him on bail, suspension of the Chairman cannot be allowed to operate any further. Because of the fact that the basis on which the action of the Government is founded no longer exists the order of suspension cannot be allowed to operate………..(18) Lawyers Involved: Abdul Wa..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....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......on (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Res......or the Opposite Parties. Civil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....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. ...... M Bazlur Rahman Talukder J Samirannesa………………………………Petitioner Vs. Government of Bangladesh and Others………………Respondent Judgment March 10, 19......e 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. 2. The petitioner Mrs. Samirun..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
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 ......ecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of ......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 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....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......owdhury………………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. Lawyers Involved: Md. A......oner. Md. Majibar Rahman, Advocate‑For the Opposite Party. Criminal Revision No. 822 of 1993. Judgment Kazi Ebadul Hoque J. - This Rule by the second party petitioner is against order dated 5.5.93 passed by the Additional Sessions Judge, Comilla in Criminal Motion No. 400 of 19..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....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......Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Mahfuzur Rahman J
Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1...... Opposite Party Nos. 1 & 2.
Civil Revision No. 3305 of 1992.
Judgment
Mahmudul Amin Choudhury J.— This Rule was issued calling upon opposite parties 1-4 to show-cause why the order dated 23.11.92 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 ..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....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...... ......of a cinema hall was issued by the Deputy Commissioner under the Cinematograph Rules and it was within the knowledge of the plaintiffs, they were required to file the suit within one year of the said order. Filing of the present suit after about two years of the passing of the impugned order is hit ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....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...... also Reported in: 46 DLR (HCD) (1994) 140. ......d as NG R Case No.10 of 1992. 4. The learned Magistrate examined the victim Moyna Khatun under section 164 of the Code of Criminal Procedure and recorded her statements on 15.5.92 and on 20.5.92 ordered further medical test of the victim at Rangpur Medical Collage where the medical test was don..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....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......calling upon the respondents 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 M...... Commission, although this Court feels that it is desirable to mitigate the environmental pollution as 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)
....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......l Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Kazi Ebadul Hoque J Redwan Ahmed.................................Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule......obir Neogi, Advocates—For Respondent No. 2. Writ Petition No. 995 of 1993. Judgment Kazi Ebadul Hoque J. — In this Rule, respondents have been called upon to show cause why order dated 23.5.93 passed by the Parliamentary Election Tribunal, Comilla, in Election Tribunal Cas..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
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