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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. ......d that the contract, namely the bainapatra, having being entered into with the minor was void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the Privy Council in th..

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. ...... to pay a fine of Taka 3,000.00 in default, to suffer RI for 6 months more. Both the appeals have been heard together and will be disposed of by this Judgment. 2. Briefly stated, the prosecution case is that, on 8‑7‑90 (Sunday) at 4‑00 P.M. Shahanaz, daughter of Burhanuddin, called Morium..

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. ......res of four teachers of Parulia High School. The said amount was shown as the salary of those teachers for period when they had already left the school. 4. The said Inspector, DAB investigated the case and submitted final report in favour of the petitioners. The learned Upazila Magistrate did not..

Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....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     ......m the suit hut as described in the schedule to the plaint and subsequently on transfer of the suit to the court of Senior Assistant Judge, Barisal, it was renumbered as Title Suit No 395 of 1984. The case of the plaintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048..

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. ......i, 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 the occurrence accused Abdus Samad Mondal, a neighbour..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

.... 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   ......President and the Chief Martial Law Administrator for his reinstatement in the service on the ground that he was made a victim of Martial Law Order No. 9 of 1982 and all other persons involved in the case were reinstated in their respective posts. The petitioner also made representation on 8.5.85, 4..

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   ......gislature employs "deeming" clause. "Deeming" clauses of different statutes have been interpreted by the superior courts of the Sub‑continent including the Privy Council. In the case of Radha Kissen Chamria and others Vs. Durga Prasad Chamria, AIR 1940 PC 167, it has been held ..

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. ......92 the writ petitioner sent a Memo to respondent No.2 stating that he was on leave and was not connected with the offence and requested a cancellation of the impugned order, with no effect. It is the case of the writ petitioner that respondent No.5, Mr. Abdul Matin, who is a member of Parliament fro..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....e of action though by the proposed amendment plaintiff seeks to introduce a new case of acquisition of his title to the suit property by altering his earlier pleadings. A plaintiff can set up as many roots of title as possible, and they may be even conflicting and inconsistent. 11. Thus the maj......It appears that by this application the plaintiff sought to delete his entire pleadings and to substitute them by new pleadings as to acquisition of his title to the suit properties. It is an extreme case of its kind and needs careful treatment. 3. Order 6 of the Code of Civil Procedure has the..

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   ......sely implicated in Gulshan PS Case No. 31(8) 1993 under section 19(a) and (f) of the Arms Act, though he did not commit the alleged offence and no arms were recovered from his possession and that the case is still pending in the Court for trial. It has been further alleged that while the detenu was ..

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   ......d in specified offences is to procure evidence against other accused persons when prosecution 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 h..

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. ......e second party‑petitioner again moved the learned Sessions Judge under sections 435/438 CrPC to make a reference to this Court for quashing the order dated 3.10.91 and all further proceeding of the case pending before the learned Magistrate. Upon hearing both the parties the learned Sessions Judge..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......site 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 of 1989 shall not be set aside. 2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid C..

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         ...... discharged. Suit Filed By a Representative Under Order 1 Rule 8 of the 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. A..

Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....uced her with false promise of marriage and had sexual intercourse with her for about three to four years. When she became pregnant petitioner No.2 terminated the pregnancy on 8.5.92 by applying some roots through her vagina. She related this to her relatives and they took her to Palashbari Thana He......e was detected. 5. The Officer‑in‑Charge, Palashbari PS without taking permission from the Magistrate, as is required under section 155(2) of the Code of Criminal Procedure, investigated the case and recorded the statements of different persons under section 161 of' the Code of Criminal..

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   ......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       ...... 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 this court may deem fit and proper. 2. In this case the petitioner, Redwan Ahmed was elected as member of the Parliament election held on 27.2.91 f..

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. ......n under section 20 . of the Arbitration Act being Miscellaneous Case No. 78 of 1990 before the learned Subordinate Judge, Dhaka. BTTB appeared and contested the Miscellaneous Case contending that die case was not maintainable as the respondent company failed to prepare the experimental bills in term..

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   ......Adjutant. The petitioner having moved the Writ Petition No.355 of 1980 for redress, the High Court Division by its judgment and order dated 2nd February, 1982 directed the respondents to consider the case of the petitioner on the basis of his seniority in the post of Sub-Divisional Adjutant of Ansar..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

....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     ...... it stood as assurance only without any payment. The total claim of the plaintiff was Taka 25,499.25 together with interest at the rate of 9½% per annurn as per rules and practice. The further case of the plaintiff was that by reason of purchase of the bills and for that matter the RR had alw..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3