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Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....run contrary to the intendment of the enactment itself. In the instant case as the motors in question belonged to the Project for the irrigation of the land of different individual owners there is no scope for me to hold that the act of committing the theft of the motors by (he accused was prejudici......nds of justice, that the 4 electric motors seized shall be returned to the project authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....the First Information Report in police Station the girl was 12 or 13 years old. One year after independence of Bangladesh she was born. He stated that Uma Rani Malakar was his 5th issue and her horoscope was given to the police. In cross-examination he stated that in his village Muslims are ma......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)
....t the relevant time, she was major under section 361 of the Penal Code and as such she should not be handed over to her father………………….(9) The horoscope of the detenu speaks that she was born on 29th of Agrahayan, 1379BS. But the said horoscope wa......3). It is further submitted that the parents 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..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)
.... Kanda and ors. Vs. Waghu 3DLR 311- a decision of the Privy Council which was relied on………….. (6) Admission into evidence of an registered document falls within the scope of Order 7 rule 18 of the Code of Civil Procedure The policy underlying this legal provis......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
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......absconding convicted accused having surrendered filed this appeal before this court against the judgment and order when a Single Bench of this Court vide order dated 25.5.87 rejected his prayer for bail made by appellant Ananda and suo motu Rule for enhancement of sentence was issued against the a..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....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. ......02/34 and 201/34 of the Penal Code. 5. The accused Hazrat Ali who was produced in the Court pleaded not guilty to the charge and claimed to be tried. Accused Abdur Rahman having been released on bail on 11.11.83 absconded since 14.3.84 and subsequently during trial he again appeared before..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....Assistant Judge) was pleased to reject the same by his Order No. 25 dated 28.1.85, the main portion of which reads as follows:
"Petri. moved. Heard. The suit is now at PH stage and there is scope to decide the matter along with other issues also and the petnr. has every right to get benefi......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....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. ......দন করিতে বিলম্বের কারণ”।
The police arrested accused Abul Kashem and Samaruddin and out of these two accused persons accused Samaruddin was released on bail.
4. It appears that on 19.7.88 accused Md. Shahidul Islam, Nurul Islam, Nuru Miah, Serajul..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ds and the scraps in the ship yard was only valued at Taka eight lakhs and odds. He filed an application under Order 38 Rule 5 for attachment before judgment. It is necessary to detail here as to the scope of such petition under Rule 5. This is a prayer for attachment before judgment. Such prayer is......ell. 5. Leave was granted to consider three submissions:(1) whether the Bank could secure release of attached goods even though it was a pledge, (2) whether the plaintiff could retain scrap as bailee under section 170 of the Contract Act till he receive his remuneration and (3) whether the ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....t of habeas corpus not only with regard to the vires of the law or the officer concerned but also enjoined upon them to satisfy themselves that the detention is not in any manner contrary to law. The scope of the enquiry is therefore, not in any way fettered by procedure of a writ of habeas corpus o......erials were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention was passed, that was no nexus between the mi..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......afa, Special Tribunal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....t say that the decision against Chandra Bala was made incidentally, unnecessarily or in any interlocutory order. His only argument is that the previous suits having been dismissed Chandra Bala had no scope to file appeal against the decision. We do not think that Chandra Bala had no remedy against t......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
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....o the lands and who obtained the disputed lease from the government in 1985 had no kind of interest in the disputed properties in the year 1962 when the compromise decree was passed. So they had no scope to plead that their interest was affected by the said compromise decree so as to give them, lo......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......harged on 15.1.79. On 9.3.81 accused Ruhul Amin surrendered before the Sub-Divisional Magistrate, Sadar (North), Chittagong in this case. The Sub-Divisional Magistrate allowed him to go on ad-interim bail directing him to appear before the Sessions Judge and sent the record to the Sessions Judge, Ch..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....icipal Committees so the question of taking permission did not arise and consequently the accused respondent could not be held to be guilty for not obtaining such permission for want of any practical scope for such permission. But the learned Judge failed to notice article 6 of P.O. 7 of 1972 which ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....om the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either from the complaint petition or from the circumstances and the nature of the tra......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......র্থনা জানাইয়াছেন। issue W/A/P/A.” 4. On 22.4.84 accused Alhaj Mamtaz Meah was produced before the Upazila Magistrate under arrest and was released on bail. On 15.5.84 the accused petitioner moved the Sessions Judge, Chittagong being Criminal Motion N..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)
....ndant which he did not foresee, whereas its non-performance would involve no such hard-ship on the plaintiff. 15. In Satyanarayana vs. G Yelloji Rao AIR 1965 (SC)1405 dealt exhaustively with the scope of section 22 and observed: "The cases providing for a guide to Courts to exercise d......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......Appellate Tribunal, Chittagong in Special Tribunal Appeal Nos.22 and 23 of 1979 arising out of Special Tribunal Case No.52 of 1978. Thereafter the accused petitioners surrendered and were released on bail. (Portions not necessary for reporting omitted). 5. Mr. Khondker Mahbub Hossain, the ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....be understood in that light. Mr. Fazlul Karim was emphasising on the observation as to the discretion of the Court as made by Lord Williams, J and, therefore, we felt it necessary to explain the scope of the discretion as can be exercised by a Court upon the observation as made above by Lord Wi......te, Dhaka in G.R Case No.4703/82 under sections 420/406 Penal Code. The Order-sheet of the Magistrate shows that the Opposite-party surrendered himself before the Court on 12.3.83 and was enlarged on bail on the following day. The accused, however, did not turn up at the time of trial and the M..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
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