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....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......at "the East Bengal Commercial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....urrent judgments of the Trial Court and the Appellate Court below decreeing the suit, when no liberty was given to the parties to adduce, fresh evidence. It was observed: "The long time of judicial decisions is to the effect that the remand order should be avoided as far as possible and e......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....bserved as follows: "A review of a judgment is a serious step and reluctant reason to it is proper only where a glaring omission or patent mistake or like grave e or has crept in earlier by judicial fallibility. A mere repetition through different counsel of old and overruled arguments, a ......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. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....present case, is calculated to affect the standing and respect of the Magistrate and even his capacity to do justice in cases coming before him. It cannot enhance the position of a person occupying a judicial office, in the eyes of those to whom he dispenses justice, that he engages actively in the ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ht to the notice either of the Subordinate Judge (Trial Court) or of the High Court in appeal, but the Judicial Committee observed An "Now the statute is there, and the judges were bound to take judicial notice of it." The award was declared invalid by the Judicial Committee as it was time......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. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....0 (Annexure‑III of Respondent No. 10's application dt. 4.5.90 for vacating the order of stay) directed the Returning Officer to recount the ballots and thus obliged the petitioner violating all judicial norms. The Returning Officer recounted the ballots on 31.3.90 and sent a report to the Elec......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discretion properly in cancelling the bail of the appellant when there is no allegation of ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....tract Agreement that the dispute should first be referred to the Engineer-in‑Charge who when he functions as a referee as Engineer‑in‑Charge he is not debarred from performing quasi‑judicial function as Arbitrator although he happens to be an employee of the Port Authority. Ev......mployer i.e. Chittagong Port Authority cannot function as an Arbitrator, it is clear from the Contract Agreement that the dispute should first be referred to the Engineer-in‑Charge who when he functions as a referee as Engineer‑in‑Charge he is not debarred from performing quasi‑jud..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....xercise of undue influence upon the Civil Surgeon, Rajshahi by Md. Aslam Sarker. On 5.8.85 the City Magistrate rejected the prayer and at the same time declining to accept the final report directed a judicial inquiry by a Magistrate, 2nd Class. 4. Against the order directing a judicial inquiry ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
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......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
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 ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..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 ......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. ..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......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. ..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......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..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......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
.... boy and as such she should be released in the custody of her petitioner father. The Sessions Judge by his order directed that the victim girl Ranjana Rani Das alias Shahida Begum should be kept in judicial custody as Advocate Suraiya Chowdhury submitted that she would not keep the said girl in he......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
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......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..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......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
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