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Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......anced in the Judgment of the Trial Court. The Crucial test is to see whether the Appellate Court has applied its mind to all salient facts and points for decision. ................(12) It is the duty of the lower Appellate Court to discuss the evidence led by the parties as well as the point of..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......emely sorry and repentant for the delay in complying with the Court's advance order of release dated 5.4.89. By way of stating facts they have stated that as a Jailor and Deputy Jailor their duty is to receive and release the prisoner as and when directed by the Courts of law or the authori..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
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. ......atiari and it seems that Janapad Enterprise agreed to pay a lump sum of one lakh taka for utilizing his space for storing purpose. 8. The business went on and Mohammad Meah continued to do his duty, namely, breaking of the ship. Janapad Enterprise took delivery of the scraps with the concurre..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....rence could be justified only if it is clear that no reasonable person could possibly be satisfied about the need to detain on the grounds given in which case the detention would be in excess of the power to detain." So far as the pending criminal prosecution the Court ......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
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....ion to deposit @ Tk.1,08,000/- per year as rent. The District Fishery Development Officer vide his memo dated 10.05.1983 allowed the petitioner to pay rent at that rate and ordered to adjust the excess amount paid for 1389 B.S against the rent of 1390 B.S. Pursuant to the said direction the pet......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. ..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. ......xamined 5 p.ws. including himself and the opposite party No.1 examined 6 O.p.ws. including himself, O.P.w. 2 Habibur Rahman Talukder, the Presiding Officer, and O.P.W. 6 Aftabuddin, Police Officer on duty. The parties also submitted various documents. 4. The Tribunal found that the opposit..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
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. ......ns of sub-section (2), communicate to the person affected thereby the grounds on which the order has been made to enable him to make a representation in writing against the order, and it shall be the duty of such authority to inform such person of his right of making such representation and to ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......atter of bringing incriminating evidence before Court for obtaining conviction of the offender. The Police also does not take much interest in the matter. They simply discharge their formal duty by submitting a charge sheet against some or all the inmates of the house of the husband on the..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......e law and in case of failure to pass a substantive sentence under section 420 Penal Code, it must be held to be a case of failure to exercise an authority vested under the law and even dereliction of duty. In the cases reported in A.I.R. 1926 (Lahore) 350 =27 Cr. L. J, 562 and A.I.R. 1929 (Allahabad..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......e law and in case of failure to pass a substantive sentence under section 420 Penal Code, it must be held to be a case of failure to exercise an authority vested under the law and even dereliction of duty. In the cases reported in AIR 1926 (Lahore) 350 = 27 Cr.L.J., 562 and AIR 1929 (Allahabad) 260,..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ...... instant case inasmuch as the police has clearly stated in the charge sheet that the allegation against the accused is that they were smuggling into Bangladesh goods, etc. without paying customs duty, etc. which offence, as already shown, is exclusively triable under the Special Powers Act, No ..Category: Criminal Law | Date: 9 Sep, 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. ......rriage and delivery to the plaintiff at Chittagong. It has been alleged that the consignment was partly damaged and a part was not delivered to the plaintiff due to negligence, misconduct and lack of duty on the part of the Master, Officers and crews of the said vessel and as a result the plaintiff ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
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. ......Advocate of the complainant was absent while the junior Advocate who was present in Court was reluctant to take the responsibility of conducting the case in the absence of his senior, it was the duty of the learned Magistrate either to adjourn the case or to proceed to examine the complainant a..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....action taken under the statute gives protection to orders which are made with jurisdiction, made within the framework of the statute and made bona fide. If an action is taken illegally, without or in excess of jurisdiction, without following the procedure provided in the statute or mala fide then th...... 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. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;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 ......sp;of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that on 14.2.81 deceased Shantu was coming to attend his duty at Al-haj Textile Mill on a by-cycle and at about 9-30 A.M. as he was on the District Board Roa..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... party to make a particular kind of pleading or to amend his pleading so also it is beyond its competence to virtually oblige a party to examine any particular witness. While, therefore, it is the duty of a court of law not only to do justice but to ensure that justice is done it should bear its..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ...... on behalf of defendant No.18 there was a claim of title and possession in schedule Ga only and the defendants 12 to 17 had their claim in respect of schedule Gha only. 10. In such case the duty of the Court was to consider all the evidence of both parties and then to ascertain whether the..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....ion Act plaintiff was entitled to purchase the defendants' share only of the dwelling house and not the entire land of plot No. 492. So the decree in that regard was illegal having been passed in excess of the jurisdiction of the Court. Mr. B.N. Chowdhury submitted that the entire plot being the....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2