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Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......bstance. Section 5 of the Criminal Procedure Code runs as follows: "5. (1) All offences under the (Penal Code) shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inq..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......xecuted, it or he may‑
(a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and there‑upon the provisions of sections 87, 88 and 89 of the Code shall apply in respect of the said person and his p..
Category: Constitutional Law | Date: | Hits: 178
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......e erred in law in contradicting himself and thus he erred in law resulting a error in his decisions causing failure of justice in allowing the Miscellaneous case for restoration as required under the provisions of order 9 Rule 13 of the Code of Civil procedure. There being iota of evidence or materi..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......alil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55. Their Lordships agreed that “nothing is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, than the welfare of the children which must be the determining factor in deciding the qu..Category: Family Law | Date: | Hits: 327
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......plication was filed by respondent No.8, wherein it was stated that the petitioner had suppressed the fact that the school had already been given recognition by the Education Board and, therefore, the provisions of Regulations 39 and 40 of the aforementioned Regulation would be applicable and the Boa..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....the area could not made without giving notice and without hearing the persons affected and also the Chairman of the Paurashava, and hence, the entire proceeding has been vitiated for violation of the mandatory provisions of law. 7. Mr. Jamir Uddin Sircer, learned Senior Counsel appears along wit......ould not made without giving notice and without hearing the persons affected and also the Chairman of the Paurashava, and hence, the entire proceeding has been vitiated for violation of the mandatory provisions of law. 7. Mr. Jamir Uddin Sircer, learned Senior Counsel appears along with Mr. Abdu..Category: Election Law | Date: | Hits: 152
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
.... that the notice under section 11 having been sent through Dock Labourer of Chittagong Jetty No. 6 there was sufficient compliance and the Commissioner wrongly held that there being violation of this mandatory provision a claim cannot be allowed. Section 11 enjoins service of notice upon the employe......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ...... a written objection against the aforesaid application filed under Order 7, rule 10 of the Code of Civil Procedure denying the material allegations made in the application. It is his case that if the provisions of the Admiralty Court Act, 1861, are considered together, it appears that the insurer is..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......3, "That Advocate Mr. Abdus Sobban threatened us with dire consequences at Kowkhali on 5.10.68 alleging that he will finish us by starting false case against us under section 395 PPC and under the provisions of the DPR either by themselves or by the party men. (iii) In paragraph 14. "That t..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......Salek Ali & others BCR 1985 (AD) 29 in this connection. 12. Admittedly Part V of the State Acquisition and Tenancy Act came into force in the area on 5.8.54. The applicability of the above two provisions will, therefore, depend on the determination as to when the disputed lands have appeared ..Category: Property Law | Date: | Hits: 77
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......intention to use the said mark for toilet soap. The registration of respondent No. 1 under No. 23048, Class (3) does not suffer from any legal infirmity and the same has not been obtained against any provisions of Trade Marks Act and the Rules. 3. It is further stated that on 30.10.85 the respond..Category: Intellectual Property Law | Date: | Hits: 219
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......e is another aspect in this case. In the Family Law Ordinance, 1962 or the Family Courts Ordinance, 1985, no provision has been made affecting or altering the meaning of maintenance under the general provisions of Muslim Law and as such, in absence of any provision in the Family Law Ordinance, 1962 ..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......means the final order of the Court. In order to consider the above submission made by the respective lawyers, we need to look into the provision of the Family Courts Ordinance. "(1) Subject to the provisions of sub‑section (2), an appeal shall lie from a judgment, decree or order of a Family Co..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......GM of Bangladesh Shilpa Bank in collusion with the borrower Sk. Maniruzzaman collusively sanctioned and disbursed huge amount of money specifically mentioned in the charge‑sheet in violation of the provisions of the rules of the Bank and in collusion with Sk. Maniruzzaman dishonestly misappropriat..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....ording the confessional statement without following strictly the provisions as contained in section 164(3) of the Code of Criminal Procedure. The confessional statement must be recorded observing the mandatory provision of section 164 Criminal Procedure Code and that of the High Court Rule 23 and 84......s through the confessional statements in original from Rangpur, submitted that the learned Magistrate acted without jurisdiction in recording the confessional statement without following strictly the provisions as contained in section 164(3) of the Code of Criminal Procedure. The confessional statem..Category: Criminal Law | Date: | Hits: 74
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......hat the learned Subordinate Judge should have held that the suit was barred as per condition Nos. 13 and 19 of the insurance policies. The learned Advocate has, thirdly, submitted that in view of the provisions of section 44A of the Insurance Act, the claim was not payable unless the loss has been s..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......uch contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained.
94. When language used in a document is plain in itself, and ..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......8 of the Code of Civil Procedure. 8. Mr. Md. Abdus Sobban, the learned Advocate for the opposite party No. 1, concedes that the Court has no jurisdiction to pass the impugned order under the above provisions of the Code of Civil Procedure but he contends that the Court has wide power and jurisdic..Category: Property Law | Date: | Hits: 85
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......ion and the decisions cited by the learned Advocate for the petitioner are not at all applicable in the present case. 12. I have heard the learned Advocates at length and gone through the relevant provisions of law and the decisions cited before me and my considered view is that the petition of a..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......eaded in view of the decision in the case of Dwarkanath Mandal and another Vs. Sri Govinda Chowdhury, AIR 1929 (Calcutta) 130. But he submits that the suits were barred in view of section 3 and other provisions of the Public Demands Recovery Act which impose both express and implied bar to Civil Cou..Category: Civil Law | Date: | Hits: 79
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