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Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....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. ......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

Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)

....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ......rt, however, held that by the order the Munsif did not commit any error of procedure. But it held that the application filed under Section 152 CPC may be treated as one under Order 47, rule I CPC for review. He further submits that in the event of treating the impugned order as an order passed under..

Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....nary of Current Eng­lish" (Third Edition, twenty‑fourth impression, 1986) are (1) power to govern, (2) method or system of governing, (3) body of persons governing a state. In Stroud's Judicial Dictionary, Volume 2 (Fifth Edition, 1986) at pages 1115‑1116 an Australian de­cision......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)

.... the impugned Judg­ment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......the decision of the Arbitrator. It can set aside an award only on the limited ground set forth in section 30 of the Arbitration Act. If an award is otherwise valid a Court cannot interfere with it or review it. Our superior courts have always expressed opinions in favour of non‑interference unless..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

....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. ......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)

....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. ......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)

....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. ......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)

....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. ......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)

....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. ......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)

....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. ......r alternative but to take shelter of the civil Court for appropriate relief. The plain­tiff prayed for leave of the Court for consequential relief after getting back the SCC Suit No.5/70 from the review Court of the Zonal Martial Law Court Ad­ministrator. The cause of action of the present s..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

.... of their common intention committed the murder of Sapan Kumar Mitra and Mashiur Rahman. 30. Admittedly there is no eye-witnesses of the occurrence in the case. The prosecution case rests on the Judicial confession of the two condemned prisoners and some circumstantial evidence including the re......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

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467....... the appellant that the trial Judge without reference to the plaint and evidence on record wrongly decreed the suit on the question of adverse possession is correct. It is needless to say that from a review of the cases as mentioned herein above, the requirements to make possession adverse vary acco..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....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. ......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)

....has been noticed he filed an application for attachment before judg­ment. Pubali Bank challenged the attachment order and prayed for vacating it. This was refused by the trial Court in Miscellaneous Judicial Case No.1 of 1984. On 29th March 1984 the suit was decreed ex-parte and the plaintiff decre......e common law lien of the van in respect of the repairs which he had affected. It was pointed out that the repair was reasonably incidental to the bailee's reasonable use of the van. Diplock LJ, after reviewing all the deci­sions on the subject observed "if the bailor desires to exclude the right of..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....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. ...... used to cir­cumvent the provisions of law that require a sentence of imprisonment in jail for a particular term." In re Muthu Nadar, 1945 Mad. 313 a Divi­sion Bench of Madras High Court after reviewing a number of cases including the aforesaid cases took a contrary view and held: “The..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

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. ...... intended that this most che­rished right should not be taken away in an arbi­trary manner and hence by sub-clause (b) of clause (2) of Article 98 they advisedly left it to the High Courts to review the actions of the de­taining authority, untrammeled by the formali­ties or technical..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....uit was dismissed. In the subsequent 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 n......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

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......nsequence." 16. In a subsequent decision in the case M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30 the Appellate Division after reviewing the relevant laws on the subject pointed out the above legal posi­tion in the followin..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....egistering the plaint as well as the order ere entered into the record and they form apart of the record. The learned judge observed:- "True, it is not by itself a record of the act of a Judicial Officer, Nevertheless, after admission and registration it be­comes a part of the recor......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77