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Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
.... Involved: S.S. Haider with R.C. Maitra, Advocates—For the Appellant. Mvi. Md. Wahidullah with Firoj Shah and Aminul Islam Mondal, Advocates—For the Accused-Respondent Nos.4 and 5. S.B. Barua, Advocate—For the State. Criminal Appeal No.215 of 1989 Judgment Md. Mozammel......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......ances shall be explained For admission in evidence any document, delay and facts and circumstances of the case shall be explained. Kanda and ors. Vs. Waghu 3DLR 311- a decision of the Privy Council which was relied on………….. (6) Admission into evidence of an..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
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)
....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. ......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)
....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. ......uent suit the question arose whether the decision in the earlier suit that the tenant had no occupancy right would be a res judicata. The matter ultimately went to the Judicial Committee of the Privy Council where their Lordships held: “Their Lordships do not consider that this will be fo..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......ining Co. Vs. Irving 1905 A. C. 369; Delhi Cloth and General Mills. Co. Ltd. Vs. In-come-Tax Commissioner, Delhi, AIR 1927 P.C. 242. In the last mentioned case it has been observed by the Privy Council that provisions of a statute dealing merely with matters of procedure may have retrospec..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......e of the marriage the accused married one Most. Rahima Khatun, daughter of Md. Kashem Ali on 14.9.78 without the consent of the appellant as also without any permission from the Arbitration Council. There was also registered kabin of this marriage with Rahima and the accused respondent thu..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....shed or such other or farther order or orders passed as to this Court may seem fit and proper. 2. The facts of the case are as follows: On 2.3.82 Md. Abul Hashem, Officer-in-charge of Purba Baraghona, Thana Procurement Centre of the Directorate of Food lodged an F.I.R. with Banshkhali...... effect of change in adjective law or procedural law flow from the observations made by Lord Blackburn in James Gardner Vs. Edward A. Lucas, (1878) 3 A.C. 582 and from the decisions of the Privy Council in Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, A.I.R. 1927 P...Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....ases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad.) 389; Ram Sundar Vs. K.N. Sen Chowdhury AIR 1927 Cal. 889; Shib Lal Vs. Collector of Barielly 16 (Allah.) 423; Satyanarayana Vs. G Yelloji Rao AIR 1965 (SC)1405; Jogesh Chandra Das Vs. ......bring item-II in operation. The fact that the contract is onerous 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..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....n though it purports to be under an enactment providing for preventive detention. 17. Mr. Hasan Arif also referred to section 34 of the Special Powers Act which reads as follows:- "34. Bar on jurisdiction of Courts. Except as provided in this Act, no order made, direction issued, or p......ction 491 Cr.P.C. A reference to the decision in the case of Secretary of State Vs. Mask & Co. reported in A.I.R. 1940 (P.C.) 105 may be made in this connection. There Lordships of the Privy Council held. "It is settled law that the exclusion of the jurisdiction of the Civil Court..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
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. ......Court of Admiralty (India) Act, 1891. 17. It will appear that this Court exercises admiralty jurisdiction by virtue of specific legislation of Imperial Parliament and the Indian Legislation Council; the High Court of Bengal or the High Court of East Pakistan or the High Court Division of t..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......final agreement or not." 10. Law does not recognise a contract to enter into a contract (Per Parker, J., in Hatz-feld-Wildenburg Vs. Alexander 1912 1 Ch. 284-288). The Privy Council quoted with approval the following passages: AIR 1933 PC 31 “It appears to ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......nus and others, 36 DLR 93; Commissioner of Income Tax, Bombay Presidency Vs. Bombay Trust Corporation, Ltd., 34 C.W.N. (P.C.) 230=121 I.C. (1930) 532; East End Dwellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B); State of Bombay Vs. Pendurang Vinayak and others, AIR 1953 Supreme Cou..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....d as Additional Sub-Divisional Officer, Naogaon in 1981-82, the father of the Munsif-Magistrate was serving as a Revenue clerk in the Revenue Department, Naogaon. The Munsif-Magistrate joined Naogaon Bar as an Advocate while the contemner was the Additional Sub-Divisional Officer, Naogaon. Both...... 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
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....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. ......cused person under section 164 or 364 Cr. P.C. need not be examined by any Court when the said confession or statement is "tendered" or "received in evidence". The Privy Council in Nazir Ahmed's case deprecates the practice of examining Magistrates and Judges except..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. ......................................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 2..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......ment of adherence to the provisions of section 164(3) Cr.P. C. is not a mere matter of form, but one of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253. Construing Ss. 164 and 364 ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Amin-Ur-Rahman Khan J Bipin Chandra Ray...................................Petitioner Vs. Bunchuki Barmani.............................Opposite-Party Judgment July 31, 1984. Result: ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2