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Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......th Pp 169-170). Any textbook on Mahommadan Law will corroborate this proposition vide, Mulla, Principles of Mahomdan Law (Fourteenth Ed) Para 279. 17. Dr. Paras Dewan in his Muslim Law in Modern India, 1982 Ed p 130 says- When a marriage is dissolved by divorce the wife is entitled to main..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......e history. Curse of dowry in our country is of recent origin. Before 1980 our law makers did not feel it necessary to prevent such a curse as its prevalence in our society was not so widespread as in India which enacted the Dowry Prohibition Act in 1961. When our law makers found with the progress o..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... insurance and I would issue a policy promptly. The proposal form was filled in, was signed by the deceased and made over to the organiser with a cheque for Rs. 295-10-0, drawn on the Central Bank of India in favour of the company, being the sum payable for the half-yearly premium. All papers, namel..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ......olice. In this regard we may refer to a decision reported in AIR 1972 (SC) 2259; In the Case of Sree Omio Kumar Karmaker Vs. The State of West Bengal, wherein their Lordships, of the Supreme Court of India held: “The act in ground No.2. no doubt, was an attack resulting in the death to th..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ugust, 1975. The argument of the learned Deputy Advocate General has a built-in absurdity, inasmuch as according to him if it is possible to bring legal evidence of offences committed even in British India those offences can also be tried under the present Martial Law Regulations. In interpreting a ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......t Trust (DIT) leased out the plot in question to Mr. Shawkat Sadullah in whose favour a travel permit was issued by the Director of Immigration and Passports, Bangladesh on 3‑3‑1972 for travel to India, UK, France, Italy, Belgium, Holland, Switzerland and Federal Republic of Germany. He sold the..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ....... Result: The appeal is not allowed.  Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Coun..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......Vs. Illinois, (1877) 94 US 113; Francis Coralie Vs. Union Territory of Delhi, AIR 1981 (SC) 746; AIR 1984 (SC) 802; Olga Tellis Vs. Bombay Municipal Corporation, AIR 1986 SC 180; Vincent Vs. Union of India, AIR 1987 (SC) 990; Vikram Deo Singh Vs. State of Bihar, AIR 1988 SC 1782; Subash Kumar Vs. th..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Enayet Vs. State, 1996, 25 CLC (HCD)

....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......engaged with another in a conspiracy to commit the offence. It is not necessary for the offence of abetment that the act abetted must be committed." 18. But this decision of the Supreme Court of India is in the line of the penal provision of the Penal Code where sections 107 to 109 explained wh..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ...... of this country. 30. Mr. Rashid has referred to the case of the State of Uttor prodesh Vs. Lalai Singh Yadav, reported in SCC Vol. IV, 213. This case was heard and disposed of during emergency in India and the learned Judges of the Supreme Court had expressed their views on forfeiture of book un..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

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. ......s Judge under section 439A of the Code of Criminal Procedure co‑extensive with the power of this Court under section 439 CrPC. Section 438 of the said Code has not been repealed as has been done in India and noticed by our Appellate Division in the case of Md. Shalijahan Sheikh and ors. Vs. Sessio..

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         ......t, the opposite party was to select the machineries and arrange for import and setting up of the same within four weeks of their arrival. Their further case is that the machineries were imported from India and carried to the factory site of the opposite parties 1-4 at the cost of the plaintiff but t..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....ul Ghani, 22 DLR 217; Md. Rezzaqul Islam SM Abdus Saliar and Md. Abul Kashem Vs. State, 20 DLR 461; Ali Newaj Bhuiyan & another Vs. State, 40 DLR 461; Profulla Kumar Roy Chowdhury and another Vs. Emperor AIR 1944 (Cal) 120; Muhammad Hussain Vs. State, 1967 PLD 307. Lawyers Involved: Ab......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ......s. Md. Iftikher reported in AIR 1932 PC 76 held that: "Adopting the principle of Mohammedan Law as stated by this Board in Imambandi Vs. Mutsuddi their Lordships have no doubt that the courts in India were right in holding that Faizunnessa had no authority to enter into the agreement of referen..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....aifur Rahman, the learned Advocate for the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 191 ......spondents Judgment November 10, 1993. Result: The Rule is discharged. Cases Referred to- Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 507; KL Shinie Vs. State of Mysore, AIR 1976 (SC) 1980; Abdul ..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

....ee passed by the learned District Judge are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994)  90. ......cate and constituted attorney nor an Advocate on his behalf. It is further stated that his signature in the vokalatnama is forged. This man Hitendra Kumar Chowdhury lived in Murshidabad, West Bengal, India. Affidavit was sworn by one Srimati Shantimovee Dey, wife of late Monsha­charan Dey. ..

Category: Property Law | Date: 7 Sep, 1993 | Hits: 2

Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)

....ion the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Prasad Vs. Emperor AIR 1937 (Patna) 246; Karimuddin Akanda and others Vs. State 11 DLR 148 ; 21 DLR 148 the cas......s. Emperor AIR 1937 (Patna) 246; Karimuddin Akanda and others Vs. State 11 DLR 148 ; 21 DLR 148 the case of Natabar Ghosh Vs. Adyanaih Biswas reported in 27 CWN 675; Mohanial Shamji Soni Vs. Union of India and another AIR 1991 (SC) 1356; Junoral Kwaiji Gorai Vs. Slate of Maharashtra reported in 1963..

Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......it falls on the court to determine the age of the girl based on the impression received, by her behaviour and appearance when brought before this court. 29. However, it may be noted here that in India the age of the female child in section 361 of the Penal Code and section 552 of the Code of Cr..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Trang Ice and Cold Storage Company Limited Vs. Amin Fish Farm and Industries Ltd. and others, 1993,22 CLC (HCD)

.... learned Subordinate Judge are hereby set aside and the suit is dismissed. Send down the LC records immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 39   ...... Cases Referred to- Tweddle Vs. Atkinson (1861-73) AER, 369; Dunlop Vs. Selfridge (1914-15) AER, 333; Middland Silicone Ltd. Vs. Sermons Ltd. (1959) 2 AER. 22; Shiv Dayal Kapoor Vs. Union of India, AIR 1963 (Punj) 538; Salomon Vs. Salomon & Co. (1895-99) AER, 33; EBM Co. Ltd. Vs. Domini..

Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 29   ......ct, 1946. In the said case the petitioner was born within the territory now constituting Bangladesh in September, 1914 and since then he had all along lived in the country even after the partition of India in erstwhile East Pakistan up till 1964 when he left for. India with a Pakistani Passport and ..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7