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Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......e High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......edicament in which the Judges function and conduct themselves in discharging the high duties of office, the Court observed: "There is never any risk of judicial hypersensitivity. The very nature of the judicial function makes judges sympatheÂtic and responsive. Their very training ble..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......law concerned, can be reseed by the only means open to us namely, by considering the Act (in which such expression has been used) as a whole. The conclusion depends upon the decision regarding the nature of District JuÂdge’s function, that is, whether the District Judge, in passing the impugn..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ....... No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......of law which have been laid down in the decision already mentioned since nineteenth century. In Srimati Bibabati Devi Vs. Kumar Ramendra Narayan Roy, 5 C. W. N. 98 the Privy CounÂcil considered the nature of special circumsÂtances which would allow a departure from the rule of the concurrent fin..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115...... order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......mstances of the case outweigh such consideration. In exercising this power, the Court would, no doubt, be reluctant to allow such an amendment, which would have the effect of totally altering the nature of the suit, or take away a valuable right 'accrued by lapse of time, but where in the ci..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......s to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......n the father in view of the peculiar illness of the minor and therefore the present position regarding custody of the minor should not be disturbed." 17. As regards reference to the binding nature of Islamic Law regarding custody of a minor child which was repeatedly emphaÂsised by the le..Category: Family Law | Date: | Hits: 152
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......er as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......n a separate chapter of the Act (Chapter V), the Registrar used to make appointment of employees of such banks and also maintained their service records for the purpose of enforcing uniformity in the nature and standard of service of these banks. The salary of the employees of these banks including ..Category: Employment/Service Law | Date: | Hits: 124
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... others, (1965) 17 DLR (SC) 550 and Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an or..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ...... the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......ect view of sub-section (5) of section 345 Cr.P.C. 6. The Court in the case of Md. Joynal and others vs Md. Rustam Ali Mia and others reported in Bangladesh Case Reports 1984 AD 19, considered the nature of section 345 and observed that our criminal administration of justice encourages compromise..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......et aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......2) alter the finding, maintaining the sentence, or with or without altering the finding, reduce the sentence, or (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as to..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ............... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the ......e appeal will lie to the Appellate Division." 8. Leave was granted to consider the question whether the reliefs claimed under sections 38 and 162 of the Companies Act are different and distinct in nature and the character of the proceeding are also separate and distinct and whether reliefs could ..Category: Company Law | Date: | Hits: 195
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......the learned Counsel. This appeal is accordingly dismissed with cost. ......, 4657, 4658, 4659 are the numbers in the non-judicial stamps in the sad Annexure 'B' dated 18-9-69. The courts below, on examination of the original Annexure 'B' filed in Court, found that the signature appearing on the back of the said stamp papers bears signature of K. Rahman. No dispute..Category: Business or Commercial Law | Date: | Hits: 113
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......utory ConstrucÂtion", page 516, section 261 in the following words : "It is a rule of statutory construction that where a statute is framed in terms of comÂmand, and there is no indication from the nature of wording of the act or the surrounding cirÂcumstances that it is to receive a permissive i..Category: Constitutional Law | Date: | Hits: 148
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......ect to the legislative power of the Indian Legislature, which in 1898 inserted section 491 in the Code of Criminal Procedure to empower the three High Courts "to issue (directions of the nature of habeas corpus" in the circumstances specified thereunder. Cla..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......ntention that the learned Magistrate has not committed the petitioner on legal evidence." 5. There is no reference to any independent circumstantial evidence of incriminating nature against the appellant either in the order of commitment or in the order passed by the H..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......th the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......lity of section 34 in connection with the charge under section 302, applies to this charge also. They, however, found that Anu Mia and Idris Pandit brutally injured P. W. 2 and having regard to the nature of the injuries convicted them under section 307 of the Penal Code for their individual..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......e under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......cal vertebra. (4) Fracture of the third cervical vertebra. Death, in the opinion of the doctor, was due to shock and hemorrhage from injuries which were ante-mortem and homicidal in nature and were caused by a heavy sharp cutting weapon like 'Dao'. 8. Mr. Rashed argued..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ent of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ufa' has been developed out of some 'hadises' (tradition) of the Prophet of Islam. Its foundation seems to be based on the principle that all members of the society should attempt to preserve joint nature of their ancestral property. It may appear to be contrary to the modern idea of freedom of ..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ...... In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......S BEFORE MAGISTRATE" begins. Section 204 provides that if the Magistrate is satisfied that there is sufficient ground for proceeding summons or warrant are issued depending upon the nature of the case according to the 4th column of the second schedule "for causing the ac..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......er of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......he Non-Agricultural Tenancy Act as well as section 96 of the State Acquisition and Tenancy Act both which confer the right of pre-emption. Their application in a particular case would depend on the nature of land, the person who holds such land and the relationship between him and the person who ..Category: Property Law | Date: | Hits: 47
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......and demand note was issued on 29.11.69. He placed the entire order-sheet before this Court at the time of hearing which was placed before this Court on the previous occasion. In view of the important nature of the question it will be useful to place on record the entire order-sheet. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
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