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Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....usband and the marriage was solemnised through registered Kabinnama. She did not agree to examine her age by a doctor in spite of the order of Court. When she was deposing before the Court she was in judicial custody. 14. About 3 years before she married Nawshed and about 12 months she lived wi..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....nts are the most competent persons to say what is the actual date of birth of their child. It is further stated that the aforesaid two accused persons were on bail and the deteru was not free even in judicial custody as she was being approached by the accused persons and she was passing her days in ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....een the parties and that the amendment sought for does not involve setting up of a new case and in view of this matter the learned Munsif committed an error of law in not exercising his discretion on judicial principle. .................. (5) Explanation of facts and circumstances and delay ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
.....6 of 1989 we have already observed about the Memo dated 7.2.87 as follows:— "We must make it very clear that under Article 112 of the Constitution all authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court. It means in the facts and circumsta..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....f his jurisdiction. But an act which is manifestly without jurisdiction, such as the property which not being an abandoned property within the meaning of P.O.16/72 is declared to be so, or in case of judicial or quasi-judicial act which is coram non judice, the use of the expression purported e..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....onfession was not voluntary one but for the belated retraction of a confession as in the present case without any material to support it, no such inference can be drawn. Rather, the consensus of judicial decisions are that an accused may be convicted even on a retracted confession, if it i..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
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. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....e confined in the Court premises till the Court rises constitutes imprisonment; imprisonment within the meaning .of the Penal Code and the Code of Criminal Procedure." 13. Now let us examine the judicial pronouncements in this regard. There are divergent opinions on this point. In the case of..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....a reasonable person could have come to the conclusion that the requirements of law were satisfied (Mir Abdul Baqui Bliuch Vs. Government of Pakistan 20 DLR SC 249 (257). 16. The Indian judicial view is completely different from ours. It is the approach of subjective satisfac..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. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ts- 1. Documents forming the acts or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....side. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner under section 200 Cr.P.C. that is, to take cognizance, if necessary, by holding judicial enquiry. The Sessions Judge's order was challenged again and ultimately it came before the ..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....lso not considered the evidence of O.P.Ws.2 and 6, the Presiding Officer and Police Officer on duty, who stated that both the polling and counting were peaceful. The Tribunal failed to apply its judicial mind as to the manner in which the evidence of election officers has to be weighed. The Tri..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....t is well settled that no one has any vested right in any procedural rule and that therefore, any change in the procedural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of Course this can be done without affect..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)
....formance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. 10. The following are cases..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....efore them for transmission to the appropriate Court for taking cognizance and for trying the case. In such cases the Sub-divisional Magistrates or the Upazila Magistrates are merely discharging judicial functions according to the provisions of the Code of Criminal Procedure and are not functio..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....nt Ordinance, 1984 and the District Judge, the appellate forum created by section 29(4) of the same Ordinance, is therefore obvious. The Election Tribunal does not function as a part of the judicial system of the country. It is not a Civil Court. But the District Judge does function as par..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....Magistrate, Chittagong am satisfied that with a view to preventing Mr. Jamaluddin Ahmed @ Jamal Ahmed s/o. Haji Bashir Ahmed of Bakulia, P.S. Chandgaon, District Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2