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AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... 16. These views were not shared by all the Law Lords. Soon Parliament intervened to settle the lingering controversies as to proprietory rights between husband and wife. In last two decades a number of enactments were made. Section 37 of the Matrimonial Proceedings and Property Act,1970 dec..Category: Property Law | Date: | Hits: 80
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......itness to the said recovery. Both P.W.s 1 and 2 proved that in their presence the respondent produced his baggage for examination and so the examination of Shafiar Rahman would have only added to the number without improvement of the quality of the evidence. 36. None of the findings made by the l..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ...... filed on 9-8-58 for substitution cannot be treated as one under Order 22, rule 9 of the Code of Civil Procedure pursuant to the application filed on 26-8-61. The petition filed on 26-8-61 was numbered as Miscellaneous Case No. 158 of 1961 and was resisted by opposite parties 1 to 3 after f..Category: Property Law | Date: | Hits: 50
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......Second Amendment) Act for Rs, 100/-We are now to see if Rs 400 'in the whole' is the maximum amount that can be allowed as maintenance for each of the dependents or for all of them whatever be the number. Sub-section (1) of section 488 of the Code of Criminal Procedure reads: "I..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... sole respondent, while in appeal No. 12 there are six respondents. 2. The respondent A.T. Mridha is the proprietor of a firm called Mridha and Co., which is engaged in jute trade. He has a number of godowns for the purpose of stocking jute and jute goods and took on rent godown No. ..Category: Criminal Law | Date: | Hits: 125
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......statutes that the legislature excludes or curtails the jurisdiction of superior Courts only by express language or necessary intendment, which we find absent in this case. Mr. Mustafa Kamal cited a number of decisions in support of this proposition. We will content ourselves by referring to 21 D..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......y of Kafi, sent up seven persons including these three accused‑respondents for trial on charges of murder, theft and rioting. The trial was held by the Additional Sessions Judge, Bogra, on a number of charges including a common charge under section 302, read with section 34, of Penal Code ..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....On being asked by the Immigration Section of the Ministry of Home Affairs the respondent submitted on 30 April 1981 an affidavit with an oath of allegiance to Bangladesh. His name was included in the voters' list in 1983 and also in 1990. As late as 12 January 1992 the Home Minister informed Parliam......spondent, then not residing in Bangladesh. 17. In support of his contention that the impugned notification was bad for violation of the principle of audi alteram partem the respondent relied on a number of decisions before the High Court Division R Vs. University of Cambridge (1723)] Sir. 557; R..Category: Immigration and Citizenship Law | Date: | Hits: 522
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......ent: MH Rahman J.- The petitioner in CP No. 194 of 1993 Ansaruddin Ahmed secured highest number of votes in the election of Chairman of No. 1 Raihanpur Union Parishad PS Patharghata, Distr..Category: Election Law | Date: | Hits: 120
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......s "for the ends of justice," Respondent No. 1 was directed to pay a cost of Tk. 3,000.00 within 30 days and the application was allowed and the writ petition was restored to its file and number. The writ petitioner‑appellants obtained leave from this judgment and order of the Hig..Category: Procedural Law | Date: | Hits: 102
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ....... (1B) Notwithstanding anything contained in this Ordinance, a Union Parishad shall be deemed to have been duly constituted after the election of seventy‑five percent of the total number of its elected members has taken place. Explanation.- For calculating the sev..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......proceeding in question and all the processes were properly served. 3. The trial Court dismissed the suit and appeal that was filed was also dismissed by the High Court Division. A good number of points were raised before the High Court Division, namely, (a) that the heirs being minor..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......valid or called in question merely on the ground of such absence." 10. Because of the enabling provision, it was held in 31 DLR 124 that where the 'proceeding has already started with the required number of members' and if thereafter there is any casual absence of any member, or if he ceases to b..Category: Employment/Service Law | Date: | Hits: 101
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ...... the President could have set aside the order under review and that the appellant should not be penalised for pursuing a remedy available under the Rules. 6. The appellants contend that when in a number of earlier cases the appellate tribunal held that the cases filed within six months after the..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......award a rule of the Court; the second party to the said proceeding (the BADC) filed an application for setting aside the award under section 33 read with section 30 of the Arbitration Act taking a number of grounds including a ground of limitation. The learned Subordinate Judge, by his judgment ..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......ounting of ballot papers, which are confidential documents, preserved in proper custody, evidence should be led for preparing the foundation for reopening of the ballot papers. But in this case, a number of dates were fixed for recording of evidence; but this petitioner took adjournments twice a..Category: Election Law | Date: | Hits: 119
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... to interfere with the decision of a Sessions Judge under section 439A, was not raised in the 35 DLR case and therefore no reference was made to this section in the judgment of that case. But in a number of subsequent cases including two latest cases, both reported in 45 DLR (AD) pages 9 and 175..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......grant of interest by the Court for the periods (2) and (3), but he contends that the Court's power to grant interest for the period (1) that is, prior to the institution of the suit, is fettered by a number of prerequisites. These are, that to grant interest for this period the principal sum claimed..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... was confined to the facts and circumstances of the present appeals only and should not be taken as laying down any general proposition of law. 18. Mr. Rafique-ul-Huq has referred to a large number of decisions on error apparent on the face of the record and on the scope of review, but in ..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ladesh Public Service Commission. With the Independence of Bangladesh difficulty arose regarding appointment of persons in various cadres and branches of the Civil Service of the country, but a large number of persons were required to be appointed to meet the exigency of service in the changed circu..Category: Employment/Service Law | Date: | Hits: 97
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