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Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....one its judgment till the hearing of the suit on all other issues and thereafter give its findings of the issue of maintainability and on other issues as well. For the hearing of an issue of law independently as a preliminary one after settlement of all other issues in the suit, is out and out ......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....rder to enable such a person to be free from any coercion or influence that might have been exercised over him or her. It is thought that such person in such situation is not capable of exercising an independent mind unless kept for a reasonable time in neutral cus­tody. Even in such a case the per......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... 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.   ...... 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

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....arty from the Consti­tuency of 233, Sylhet 6 by cancelling the nomina­tion of one Mr. Hasib, The detenu, however, de­clined the nomination of Jatiyo Party and contested the election as an independent candidate. On the fol­lowing day that is 27th March, Syed Altaf Hossain allegedly ma......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....morandum of that Appeal has been produced before us by the learned Counsel for the respondent at the time of hearing of this appeal; no reference to it was made before the courts below. Nevertheless, independent of this Memorandum of Appeal, it can be safely held that an adverse finding in any judgm......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....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. ......Section 3(1) of the Ordinance authorized the Centrel Government to frame Rules there­under. Accordingly, the Defence of Pakistan Rules were framed. Rule 182 of the Rules provided, inter alia, for appointment of the Custodian, Deputy Custodians and Assistant Custodians of Enemy Property and the v..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

.... that an illegal order of detention can not continued by a subse­quent order of detention even though the latter is otherwise valid. An illegal detention equally cannot be continued by an alleged independent valid order of detention, if it, in effect, continues an illegal detention... ...... .........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

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......t Md. Abdul Jalil J.— This appeal is directed against the order dated 21.8.85 passed by the learned Subordinate Judge, Patiya in Partition Suit No.270 of 1984 rejecting the application for appointment of a receiver under Order 40, rule 1 of the Code of Civil Procedure. 2. The appella..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....e face of the evidence most improbable. 8 It was also submitted that there was no evidence to even suggest the common inten­tion of the appellants for killing Abdus Sattar. Also not a single independent witness was examined to speak about the recognition of the appellants or of their involv......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....untersign the T.A. bills of all func­tionary heads except Munsif". While describing the Charter of Duties of Upazilla Magistrate, item No.9 of the Resolution says, ''He will function independently of the Upazilla Administration." While describing the Charter of Duties of t...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ......ned prisoner, submits that in all fairness the learned Additional Sessions Judge should have allowed sufficient time to the learned Advocate for the condemned prisoner to prepare for her defence. The appointment of a defence lawyer was a last-minute appoi­ntment. Time was given only for a day to..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....in presence of the person affected and its veracity is not tested by cross examination. Confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence…….(20) Cases Referred to- Hiralal Das and......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)

.... 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. ......dure for being added as party on behalf of those 10 members of the Chamber who resigned from their office and who made representation to the Government for supercession of the Executive Committee and appointment of an Administrator under section 10 of the Trade Organisation Ordinance. It appears tha..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....the state submitted that there was no undue delay in the lodging of the F.I.R. and there was no material discrepancy in the statement of the witnesses the witnesses included some relations as well as independent persons and that the Medical evidence of the Doctor holding post mortem examination clea......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....ion in the form of a suit for declaration that the pro­perties in question were not abandoned property would result not only in further harassment but as the settlement of the question in such an independent suit will take long years leading to swelling of the decretal dues as well as deprivati......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

....nbsp;of the Evidence Act that the signatures on the disputed bainanama and disputed kabala are not in the hand of plaintiff No. 1. He also found that the defendant No. 1 has not been able to prove by independent witnesses that the plaintiff Nos. 2 and 3 who are pardanashin ladies executed the allege...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ..

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7.   ...... Head-master of that School who have been serving since its birth as Head Master and was also the Mem­ber Secretary of the School Managing Commit­tee. Regarding the discharge of a teacher and appointment of a new teacher a contro­versy arose in a meeting of the Managing Committee and out..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

....in his depo­sition that during the disturbances in 1971 the original documents, records and books of account were lost. He, however, claimed that the first loan was paid off before Bangladesh became independent. He refused to accept the statements of account namely, Ext. 8 for two reasons, firstly,...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ...... against S.D.O., Sadar (North), Satish Chandra De and ethers to the effect that the deity Sree Sree Chatteswari Debi is a family deity of the plaintiff and others heirs of late Pran Krishna, that the appointment dated 16.10.69 of the defendant's committee for the said deity is illegal, inoperati..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)

....tioner who has laid claim on the basis of the three disputed documents to prove that the plaintiff had executed them by fully understanding the nature of the transaction and further that she had also independent advice. The learned Advocate submits that the learned Subordinate Judge has rightly decr......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