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Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... at about 8-00 PM her second daughter aforesaid Illy Begum aged 15 years went out of the house for passing urine; some time thereafter she heard a cry of her daughter and on coming out with a lamp in hand she saw accused Abdul Matin pulling the victim girl by catching hold of her hair and other 6/7 ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....th proper assessment for clearing 25 NIT but he got delivery of only 18.225 MT with a deficit of 6.775 MT and the Custom authority was to refund Taka 78,29,666.14 to the petitioner. But, on the other hand, it issued demand notice most illegally. Mr. Farooqui in support of his first contention referr......rd. The Board, however, rejected the application. 4. Mr. MI Farooqui submits first for non‑compliance with the mandatory requirement of section 32(2) of the Customs Act, 1969 the impugned demand note is issued without lawful authority in that the petitioner was entitled to prior notice as is co..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....Nos. 88-90/1987 proceedings of Special Case Nos. 60-62/1986 pending in the Court of the Special Judge (2nd Court of the Additional Sessions Judge) Dhaka are being sought to be quashed. On the other hand, in Criminal Revisional No. 104 of 1992 proceedings of Petition Case No. 828a1/1991 pending in ......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....ent orders are vitiated by this illegality. (2) that the accused having been made a party in the revisional application, should not have been denied the opportunity to be heard. 4. On the other hand, Mr. Abdul Malek, the learned Advocate appearing on behalf of the opposite party No.2 submits t......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....r that on his surrender, before him the learned Magistrate would be embarrassed or prevented from giving relief. 11. Mr. Amirul Kabir Chowdhury, the learned Deputy Attorney‑General, on the other hand, seriously opposes the prayer for bail and submits that earlier applications for the same purpo......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.....668 of 1994. Petitioner in this case stated in his application that his books “এলমে মারেফত” and “মারেফতের গোপন আলাপ” were published before hand. But these two Bengali books did not contain any objectionable materials which oppose, injure o......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....d the judgment of the court of appeal below and the decree of the said court is liable to be set aside. 10. Mr. Ahmed Ali, the learned Advocate for the plaintiff opposite party No. 1, on the other hand, contends. that in view of the materials on record and in the facts and circumstances of the ca......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......shall not be called in question before any court or authority save as provided by section 7 of the Act and as such section 6 prohibits revision to the High Court Division. Before we take up the above noted points for consideration it would be pertinent to note that the Act has come up for considerat..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....e house and neighbours came and saw the dead body of Morium floating in one cubit deep water in the ditch. P.W.1 lodged the FIR with police station Sandip at 4‑00 P.M. on 9‑7‑90 suspecting foul hand behind the murder of his daughter. The police held inquest on the dead body of Morium and sent ......nuddin. He clearly mentions that the victim girl offered resistance to each of the rapists (প্রতিটি ক্ষেত্রেই মেয়েটি বাধা দিয়েছিল) we note discrepancies in the confessional statements of accused Dulal and Abdul Kashem. In his statemen..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....is Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
.... also Reported in: 46 DLR (HCD) (1994) 419 ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ed Mohammad Ali, who were sleeping in the south bhiti hut of the same homestead with the deceased. At once P.W.1 Abdur Rahim, younger brother of Mohammad Ali, came out with a burning hurricane in his hand along with his brother, P.W.10 Abed Ali, P.W.11 Abdus Sattar, and brother's son, P.W.4 Ziaul Ha......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
.... the fact that the basis on which the action of the Government is founded no longer exists the order of suspension cannot be allowed to operate………..(18) Lawyers Involved: Abdul Wadud Khandker, Additional Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record-For ......pplementary affidavit two Annexures, Annexure‑3 and Annexure-4 to which we shall revert in due course. 6. The learned Judges of the High Court Division in a lengthy judgment unnecessarily took note of the elaborate submissions made by the learned Advocates of both sides, but lost track of the..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....er under threat of stabbing her with a knife and accused Azad obtained her thumb impression with the ink of cooking pot against her will. Zahirul Islam, Abu Sayed and others recovered victim girl and handed over her to his wife P.W. 3 Maleka Khanam. After hearing about the occurrence from his son at......ieve that the victim girl P.W. 5 was forcibly abducted from the public road and confined in the hut of accused Zakir and forced to put her signature in the Nikah-nama Ext. 3. 7. In is curious to note that though P.W.2 was never arrested by the police, he himself volunteered to become an accompl..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
....Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibrahim Sk. and others Vs. Janab Sk. alias Janab Ali Sk. & others; 19 CWN 1021 (Mohabir Prosad Vs. Chandra Sekhar); AIR 1952 Cal. 86 (Bela Debi Vs. Bam Behari Roy; AIR (PC) 136 (MRKRM Somasudram ...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......ent file it clearly appears that although the application did not contain a sketch map showing the school, college, mosque, etc. within the radius of two hundred yards, but the office gave a detailed note on this matter and suggested for inquiry into the matter in the line as per rule. Subsequently ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....enience and inconvenience of the city dwellers. 3. That to create awareness about obligation of the candidates and the people at large the petitioner organised discussion meetings and circulated hand bills requesting all concerned to abide by law and to refrain from polluting the atmosphere by ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
....1994.
Result:
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries goods deli......e sender and the wagons were sealed and remitted in his presence. The consignments were booked under L condition. In consideration of the defective condition of the booking the sender executed a risk note in Form A exonerating the Railway Administration of more liabilities. It was also further conte..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....heb Ali Miah, a member of Nagarkanda. Union Parishad under Nagarkanda Upazila within the district of Faridpur was the Chairman of the Project Committee for reconstruction of the road from Nagarkanda Chandhat to Kodalia up to the house of one Kabir Miah of village Kodalia. The project was under the &......int and I find much force in the submission of the learned Deputy Attorney‑General for the State and find no substance in the contention of the learned Advocate for the appellant. It may however be noted that no point on the question of sanction or submission of the charge- sheet was raised before..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
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