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Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
.... 1990. Result: Both the appeals are dismissed. Cases Referred to- Hamida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 D......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......filed on 18.8.76 long after the period of limitation. In this respect he relies on a decision reported in AIR 1987 P&H 122. Before we take up this point for consideration it may be stated that in India Law of Limitation has undergone a change and a new Limitation Act has been enacted in 1963. Un..Category: Property Law | Date: | Hits: 183
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....……………………Appellant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allowed. Case Referred to- Pakala Narayan Swami Vs. Emperor, AIR 1939 (PC) 47. Lawyers Involved: MA Wahab Miah with Md. Enayetur, Advocates— For......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......nd to confer it upon the donee (z). The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the heba-bil-iaz of India as distinguished from “true” Heba-bil-iwaz dealt with in the notes below. It was introduce..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....ingh Vs. United Indian Bank Ltd., AIR 1916 (Patna) 47; Kayasth Trading and Banking Corporation Vs. Sat Narain Singh and others, AIR 1921 All. 149; State Vs. Ziaur Rahman and others, PLD 1973 (SC) 49; Emperor Vs. Hor Das, ILR 40 Cal. 477 (FB); Harish Chandra Vs. Kavinda Narayan Singha, AIR 1936 All. ......1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian Bank Ltd., AIR 1916 (Patna) 47; Kayasth Trading and Banking Corporation Vs. Sat Narain Singh ..Category: Company Law | Date: | Hits: 317
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......e case of administrative order remained a debatable question for a long time. But in RG Ganing Board (1970) All ER 528 Lord Denning settled this and the principle enunciated by him is now followed in India and in some of the cases in this sub‑continent. Lord Denning observed: "At one time it..Category: Property Law | Date: | Hits: 133
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......ssued. Furthermore he submits that this kind of order of detention is colourable exercise of powers which cannot be sustained in law. In support of his contention he has referred to a decision of the Indian Supreme Court reported in AIR 1974 (Supreme Court) page 116 and a decision of this Court re..
Category: Criminal Law | Date: | Hits: 100
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......while the appellant in Criminal Appeal No.1046 of 1996 was examined under section 342 of the Code of Criminal Procedure. 9. In the Case of AIR 1979 (SC) 1705 their lordship of the Supreme Court of India under similar facts and circumstances held: “There is no evidence of any witness to show..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......p; others...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......man Vs. Secretary Ministry of Establishment, 50 DLR 407; Mozibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Serajul Islam Vs. The Director General of Food, 42 DLR (AD) 199; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: Manzi..Category: Administrative Law | Date: | Hits: 421
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......5) That Money Laundering Prevention Act, 2009 cannot be treated as ex-post facto law and that similar provision has also been incorporated in the constitutions of the different countries like Canada, India, Iran, Pakistan, Sweden, South Africa and USA. 11. Mr. Rafique-ul Huq, learned Advocate for..Category: Criminal Law | Date: | Hits: 112
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....................Respondent Judgment April 17, 1995. Result: The reference is rejected. Cases Referred to- Palvinder Kaur Vs. State of Punjab, AIR 1952 (SC) 354; Naukar Mouledino Vs. Emperor, AIR 1937 Sind 212; Bhima Skaw Vs. State, AIR 1956 Orissa 177; Hanumant Govind Nargundkar Vs......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......jor decision even minor decision but that would reduce the party control over its members in Parliament to a vanishing Point which is repugnant to the express Provision of the Constitution. 30. India, of course, is one of the biggest working democracies in the world having a Constitution of it..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......ni Prasad Saha could not realise rent from him for the case holding from January, 1968; that the said landlord died in the month of February or March, 1968 at Pabna Town and his sons were residing in India from the time of Partition and as such his properties including the suit holding were declared..Category: Civil Law | Date: | Hits: 140
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......Vs. Rashid Jamshed Sons and Co., AIR 1946 Madras 346; Dharma Gauda Vs. Ganapati Gauda, AIR 1964 Orissa 21; Narbadabai Vs. Natverlal Chunilal, AIR 1953 Bom 386; Hanskumar Kishan Chand Vs. The Union of India, AIR 1958 Supreme Court 947; Abdul Karim Vs. Mirza Bashir Ahmed, PLD 1967 Lahore 365. Lawye..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......eg Jute Incorporated Ltd., 17 BLD (AD) 313 = 2 BLC (AD) 173; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; Messrs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1; Maridas Ramchordas Vs. Mercantile Bank of India Ltd., 47 ILR (Bom); Professor A Rahim Khan Vs. Bangladesh, 7 BLT (AD) 313; Mirzaboo Steels Lim..Category: Civil Law | Date: | Hits: 141
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......hammadi Tramway Company, Karachi, PLD 1968 Karachi 376; Amin Yousuf Nizami Vs. Rashid Rayon Mills, Karachi, PLD 1971 (Karachi) 505; Phool Chand Vs. Jai Devi, AIR 1966 All 527; Satya Wati Vs. Union of India, AIR 1967 Delhi 98; Municipal Corporation of Delhi Vs. Subhagwanti, AIR 1966 SC 1750; Davies V..Category: Civil Law | Date: | Hits: 339
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......Ali with Tk.55 in his pocket proceeded for purchasing 'Kaun' from the house of Belayet Master. Abdul Jalil son of Jan Mohammad of Kalamati within P.S. Dinahate lying within the district Kuchbihar (in India) was following him from behind. Village Kalamati is an enclave within the Indian territory s..Category: Criminal Law | Date: | Hits: 107
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....……………..…….Respondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another......ce of P.W.6 clearly mentions that the appellant killed her mother with a dao after catching hold of her hair. 16. In the case of Rameshwar Vs. State of Rajasthan, 1952 SCA 40, the Supreme Court of India observed that under section 118 of the Evidence Act, "every witness is competent unless the Co..Category: Procedural Law | Date: | Hits: 94
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....before ruled by the representatives of the people. The administration was never of representative character. Earlier the country was ruled by the ancient Kings and thereafter by the Pathan and Moghal Emperors. The last independent Nawab of Bengal ruled the country in 1757 AD empowered by a Farman fr...... Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. Union of India etc., AIR 1993 SC 477; Fullilove (1980) (65) Law Ed 2d 902) Metro Broadcasting (1990)(111) Law..Category: Constitutional Law | Date: | Hits: 443
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