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Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....ining Co. Vs. Irving 1905 A. C. 369; Delhi Cloth and General Mills. Co. Ltd. Vs. In-come-Tax Commissioner, Delhi, AIR 1927 P.C. 242. In the last mentioned case it has been observed by the Privy Council that provisions of a statute dealing merely with matters of procedure may have retrospec......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....e of the marriage the accused married one Most. Rahima Khatun, daughter of Md. Kashem Ali on 14.9.78 without the consent of the appellant as also without any permission from the Arbitration Council. There was also registered kabin of this marriage with Rahima and the accused respondent thu......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......rned Union Parishad is No.4 Amjadhat Union Parishad within Upazila Parshuram, District-Feni. The election of Chairman was to be held on 5.1.84 in three centres, namely, South Dharmapur Primary School Centre, North Dharmapur Primary School and Fena Pushkarini Primary School Centre. The petitioner and..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... effect of change in adjective law or procedural law flow from the observations made by Lord Blackburn in James Gardner Vs. Edward A. Lucas, (1878) 3 A.C. 582 and from the decisions of the Privy Council in Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, A.I.R. 1927 P.......r or orders passed as to this Court may seem fit and proper. 2. The facts of the case are as follows: On 2.3.82 Md. Abul Hashem, Officer-in-charge of Purba Baraghona, Thana Procurement Centre of the Directorate of Food lodged an F.I.R. with Banshkhali P.S. stating that as per movement..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....bring item-II in operation. The fact that the contract is onerous to the defendant will not be a circumstance falling within the item-II. See Davis vs. Mensosa 38 Calcutta 805 (P. C.) where the Privy Council deprecated such defence. Long line of decisions in India shows that such defence would not......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......or a declaration that the election of the election of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kadghar Primary School Centre. The Election Tribunal after taking evidence in the matter set aside the election of that cen..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ction 491 Cr.P.C. A reference to the decision in the case of Secretary of State Vs. Mask & Co. reported in A.I.R. 1940 (P.C.) 105 may be made in this connection. There Lordships of the Privy Council held. "It is settled law that the exclusion of the jurisdiction of the Civil Court......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....Court of Admiralty (India) Act, 1891. 17. It will appear that this Court exercises admiralty jurisdiction by virtue of specific legislation of Imperial Parliament and the Indian Legislation Council; the High Court of Bengal or the High Court of East Pakistan or the High Court Division of t......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....final agreement or not." 10. Law does not recognise a contract to enter into a contract (Per Parker, J., in Hatz-feld-Wildenburg Vs. Alexander 1912 1 Ch. 284-288). The Privy Council quoted with approval the following passages: AIR 1933 PC 31 “It appears to ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....nus and others, 36 DLR 93; Commissioner of Income Tax, Bombay Presidency Vs. Bombay Trust Corporation, Ltd., 34 C.W.N. (P.C.) 230=121 I.C. (1930) 532; East End Dwellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B); State of Bombay Vs. Pendurang Vinayak and others, AIR 1953 Supreme Cou......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....cused person under section 164 or 364 Cr. P.C. need not be examined by any Court when the said confession or statement is "tendered" or "received in evidence". The Privy Council in Nazir Ahmed's case deprecates the practice of examining Magistrates and Judges except......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....................................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 2...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....ment of adherence to the provisions of section 164(3) Cr.P. C. is not a mere matter of form, but one of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253. Construing Ss. 164 and 364 ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ...... pay a fine of Tk. 1000/- in default to suffer R.I. for 6 (six) months more. 2. The prosecution case in short, is that the complainant Dr. Rezaul Ambia was a Medical Officer at Shadhuhati Health Centre. On the night of 3.8.80 at about 10/11 P.M. the informant, his wife and brother-in law were g..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....llate Division in the case of Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others reported in 33 DLR (AD) 1. The Appellate Division on a review of the case in the light of a number of Privy Council decisions, namely, Nawab Sekander Begum Vs. Zulfikar Walikhan A.I.R. 1938 (P.C.) 38, Faridun......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....ealised that the earlier order of dismissal for default was wholly without jurisdiction. He should have retraced his steps under 151 C.P.C. I find support for my views-in a decision of the Privy Council. In the case of Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9 the facts w......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....mi Ayyar and others, 26 CWN 537 (P.C.); Srinath Deira Dhamami Vs. Periyanan Chati reported in 40 CWN 90; Surendra Vs. Shree Shree Iswar Bhubaneswari Thakurani I.L.R. 60 Cal. 54 (affirmed by the Privy Council in 64 I.A. 203= 41 C.W.N. 968); Swarup Chand PLD 1947 P.C. 239; Sm. Palani Bala Debi Vs. Kal......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....mall Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bangladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H. Khan with M, A. Wahab Mia......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....order dated 29-1-81. 8. Mr. B.N. Chowdhury the learned Advocate for the petitioners in support of the contention relied on certain decisions. He has referred to a case reported in AIR 1917 Privy Council page 156. In the case of Brij Indar Singh Vs. Lala Kashi Ram and others wherein it was held ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....reof in second appeal is unwarranted. In support of these contentions the learned Counsel has referred to a number of cases decided by superior Tribunals including the Judicial Committee of the Privy Council, all of which are in agreement on the established principle that a finding of fact, however ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99