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Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......puty Commissioner, Dacca subject to the condition that she would be produced as and when required before the court concerned in connection with Ramna PS case No.47 (12) 1981. It appears that in India the age of female child has been raised from 16 (sixteen) years to 18 (eighteen) years in sect..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......p;………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of India and another, reported in AIR 1968 Delhi 188;Haji Karimdad Vs. Insaf Meah and others, 1982 BLD ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... & ors. 31 DLR 21; Govt. of Bangladesh Vs. Md. Ismail Hossain 31 DLR (AD) 127; Hartwell Prescott Singh Vs. The Uttar Pradesh Govt. & ors. AIR 1953 (SC) 886; Parshotam Lal Dhingra Vs. Union of India PLD 1958 (SC) 217; Abdul Majid Sheikh Vs. Mushaffe Ahmed & another 17 DLR (SC) 63; Chairma..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ...... under Brojendra. He used to run a biscuit factory in the eastern side and reside at the western side of the premises. He sold away the movables to P.W.6 Probhash Chandra Pal on 19.11.58 and left for India. The plaintiff-respondent took possession of the suit property after the gift on 6.3.61 and th..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......'s certificate which should not be a routine affair or a habitual step." This is the true scope of the review which has been correctly enunciated by his Lordship of the Supreme Court of India. 15. Before parting with this petition, it may be mentioned that this Division possesses ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......h, reported in AIR 1964 SC 260 and in many other decisions of the High Court Division of this Court relating to special or local law which prescribes a special limitation. It may be mentioned that in India Limitation Act was amended by Limitation Act (1963), wherein section 5 has been made specifica..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......Hossain Khan, 34 DLR 345; Anath Bandhu Guha and Sons Ltd. 7 PLR (Dhaka series, 1959); Elias Textile Mills Ltd. Vs. Abdul Awal, 1985 BLD (AD) 230; Raja Hara Narayan Singh Vs. Chowdhurain Bhagaban Co., Indian Decisions Allahabad (7) ILR 13, p. 300; Debendra Chandra Dev Nath Vs. Bharat Chandra Sin..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and others, 34 DLR (AD) 309; Abbas Bahara and another Vs. Emperor, AIR 1933 (Cal) 362; Nurul Islam @ Nur Islam Vs. The State, 23 DLR (Dac) 126; Talukder Abd......in his village Muslims are majority. He mixed with them. Uma Rani read in the free primary school where both boys and girls are reading together. His eldest daughter was married. She was taken to India and given in marriage there. After 1971 the aforesaid marriage took place. After, the occurren..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....lah Kumar Bhattacharya Vs. Ministry of Home Affairs, Govt. of Bangladesh, 28 DLR 122; Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148, Abbas Bahara and another Vs. Emperor, AIR 1933 Cal. 362. Lawyers Involved: S S Halder with RC Maitra Advocates ‑ Fo......y Nos. 6 and 7, has referred to the case of Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148. In that case their Lordships had considered several other decisions of Indian and Pakistani jurisdiction., From the aforesaid decision it appears that in one habeas corpus..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......own and sanitary latrine in the suit land. After purchase the plaintiff raised the level of the land which was lower at a cost of Taka 10,000/-. The defendant No.1 with his family members migrated to India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sa..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....6, Cree v. All Motors Ltd., (1917, 1 K.B. 625). Bangladesh vs. Mohd. Abdur Razzak and another 28 DLR (AD), Hatton V. Car Maintenance Company, Limited (1915) 1 Ch. D. 621, E.J. Judah and other V. King-Emperor AIR 1926 Cal. 464, Countess of Berkeley V. R.G.W. Berkeley and others (1946) 2 All. E.R. 154...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
.... March 23, 1988. Cases Referred to- Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (C......he King, A.I.R. 1949 Calcutta 104 their Lordships of the Calcutta High Court had occasion to deal with similar matter. In that case the trial Court convicted the petitioner under section 297 of the Indian Penal Code and sentenced him to suffer imprisonment for one day and to fine of Rs. 100/- and ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC 310; Basanta Chandra Ghose Vs. Emperor 1945 AIR F.C. 18. = 46 Cr. L.J 559; Tamizuddin Ahmed Vs. The Province of East Bangal 1 ......Vs. Government of Pakistan 20 DLR SC 249 (257); Godavari S. Vs. State of Maharashtra AIR 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC 310; Basanta Chandra G..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......or otherwise. It was represented that Hrishikesh Roy being the son of Jogesh Chandra Roy's predeceased son Amalendu Bikesh Roy he along inherited the entire property. The said Hrishikesh Roy left for India before 1962 and since then never returned to this country and consequently he remained in Indi..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
.......1 as her only heiress she became the owner thereof and got her name duly mutated in S.A. Khatian No.2071/1. Surendra Nath Sen was all along a citizen of erstwhile Pakistan and was never a citizen of India. It was asserted that the property was not an Enemy Property.
4. After the trial the lear..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......al obligation. It would take the shape of a contract when consideration would pass from the promisee to the promissory. Bbagoawati, J. in delivering the judgment it of the Supreme Court of India in E.P. Sugar Mills Case reported in AIR 1979 (SC) at page 621 held, in the relevant portion o..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
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. ......SC) 282, reliance was placed in the Courts below on an Admission Register showing the appellants date of birth. It is the learned Advocate for the appellant who urged before the Supreme Court of India that the said entry contained an incorrect statement made at the request of the person who wen..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....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. ......rous 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 be entertained by the court. See Sarkarlinga Vs. Ratnoswami ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......g and has been in possession of arms and ammunitions. The detenu is not a bona-fide businessman. His whereabouts were not known between August, 1975 to December, 1977. It is reported that he left for India and then returned to Bangladesh to indulge in subversive activities. The detenu was and s..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)
....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. ...... that this Court in exercising Admiralty Jurisdiction has derived its jurisdiction from the Admiralty Court Act, 1861, Colonial Court of Admiralty Act, 1890 and Colonial Courts of Admiralty Act (India), 1891. It is not disputed that this Court would exercise the same jurisdiction after the enac..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
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