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Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ...... law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied which, he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits 'criminal breach of trust." 11. Now, it is pointed out by the..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......rce the same against them at the instance of the plaintiff-respondent. 9. In this case agreement Ext.1 was executed on 28.5.84, defendant No.1 filed application for appointing her as guardian of person and properties of minor defendant Nos.2-4 on 7.6.1984 and the application was allowed on 20.9..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......ing the Tetulia River at Nimdi Taterkati at about 20.15 hours 10/13 dacoits variously armed suddenly mounted attack upon the petitioner and his companion constables, caused grievous injuries on their persons and snatched away their rifles with some ammunition. With those snatched away rifles the dac..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......, the property to be acquired must be specified one for identification with sufficient particulars to indicate definitely which part of the plot is required with adequate description of the owners or persons interested in the said property to file objection to the acquisition of the property. Mr. Pa..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......g and in support of their contentions the appellant has referred to section 480(3) of the Hindu law. Section 480(3) runs as follows:
"Who may be adopted‑subject to the following rules any person who is a Hindu, may be taken or given in adoption.
(1) the person to be adopted must be ..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......by P.W. 1 who arrested accused Ashok Kumar Saha along with 3 others including a lady named Parvin Begum who was alleged to be the wife of accused‑appellant Ashok Kumar Saha. Thereafter, the accused persons were produced before the Sabujbagh Police Station and a GD Entry was made and on that basis ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......roperty has been defined in Article 2(1) of the President's Order 16/72 which reads as follows: "(1)" "abandoned property" means any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occu..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......nother date was fixed for further argument by the defence. In the meantime the case was referred to the High Court Division by the Sessions Judge for its withdrawal from his file on the ground of his personal embarrassment. The High Court. Division transferred the case to the 1st Additional Sessions..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ...... 1933 (Bombay) 450-I.L.R. 58 (Bombay) 200 and the case of R.H. Kapur, Partner of Messrs Wright and Co. Vs. Tranyanacore National and Quilon Bank Ltd. reported in A.I.R. 1945 (Madras) 467, that when a person opens a Current Account with a bank and pays money into it. the bank is a debtor to the custo..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......ged victim girl, relies on several decisions. 18. He cites the case of Jahanara Begum allias Jotsna Rani Saha Vs. State and another reported in, 15 DLR 148 wherein it has been held, "When a person brought before the court is aged 16 years or over, the will of such person, when the question..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......dustries Ltd. and others...........................Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A s..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
....................................
(f).......................................
(g) shall be arrested and, in the interest of the security of Bangladesh detained or confined;
Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting o..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......and that Rasheda had immoral character and there was quarrel in between the husband and the wife and some time victim Kalam's wife demanded divorce from him and that in the absence of Kalam other persons used to visit his wife; that on 25.12.87 at about 9 0' clock in the morning the informan..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......hether such properties are abandoned properties or whether the claimants thereof have got title thereto will not be required to be decided as according to section 7(1) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without p..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......s decision, it has been held: "There may be cases where it may be possible for the High Court to take the view that the institution or continuance of criminal proceedings against an accused person may amount to abuse of the process of the Court or that the quashing of the impugned proceedi..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ...... decide the appeal actively participated in taking the resolution dated 2.12.90 as appeared from the resolution itself and as such the impugned judgment is vitiated by bias and partiality as the same persons cannot be the prosecutors and the judges in respect of the self-same matter. He further subm..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......torney‑ General, representing the respondent No.1, first of all, took up the position that the petitioner No.1 has no locus standi to file this writ petition as it cannot be conceived to be a "person aggrieved" by the impugned notification within the meaning of Article 102 of the Constit..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......perty. (1) No property acquired under this Part shall, without the prior approval of the Government, be used for any purpose other than the purpose for which it is acquired.
(2) If any requiring person uses any acquired property in contravention of the provision of sub‑section (1), or does no..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......right to submit any effective representation against his detention. He also contends that pendency of specific criminal case cannot be a bar against applying the law of preventive detention against a person if the detaining authority is satisfied that it is necessary to detain the detenu with a view..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......the established legal position is that the welfare of the child is of prime Consideration. The provisions of Article 102(2) (b) of the Constitution is very wide in nature as it provided that any person, and not only aggrieved person as in mandamus or certiorari or quo warranto, can take to the ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
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