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Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......reasons for decisions thereon, it appears that it failed to apply its conscious mind to the facts of the case and obviously judgment suffers from patent illegality inasmuch as it was violative of the provisions of Order XLI rule 31 CPC. ......................... (13) The Appellate Court must no..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
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. ......Chittagong Port Authority received the intimation that the Arbitrator was going to arbitrate on the dispute referred to him they could immediately object to his appointment or resort to the provisions of section 11 of the Arbitration Act for the removal of the Arbitrator. Instead of r..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ...... is permissible even if there is no express provision permitting the same. Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however, lays down tha..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
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. ......her own accord embraced Islam and married Nawshed Bepari and as such they did not commit any offence as alleged against them. The Special Tribunal framed charges against the accused persons under the provisions of section 366A of the Penal Code read with section 4(b) of the said Ordinance. After per..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. ...... 16. Mr. Halder next submits that even the Special Tribunal held that on 15.2.86 the detenu was in between 16 and 17 years which means the girl was minor as she was found below 18 years under the provisions of section 366A of the Penal Code. Here the learned Advocate is absolutely wrong because ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......ernalia leads Government to longer time for filing appeal for delay condonation The statute of limitation makes no distinction between the Government and the private individual except in certain provisions like Article 149 of the Limitation Act. But in dealing with an application under section ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
....rties
The main purpose behind this legislation is to save time and expenses of the parties in the disposal of the suit. ........ (8)
Time for pronouncement of judgment discretionary any not mandatory
When issues have been framed both of law and facts and the Court is satisfied that no......ssion of the authority concerned and as a result his subsistence allowance was also stopped as per rules and that the suit was instituted without prior permission of the authority in violation of the provisions of the Railway Nirapatta Bahini Ordinance No. XLVII of 1976. Hence the suit was not at al..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......terials was pledged to the Bank. The contention of the learned Counsel for the appellant that the Bank ought to have proceeded against the defendant's other securities has got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions t..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. ......ermissible by law, it is objectionable to sentence persons to imprisonment till the rising of the Court; because it is not a form of imprisonment recognised by law, and it is used to circumvent the provisions of law that require a sentence of imprisonment in jail for a particular term." In re..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. ......ht before the High Court so that the Court may satisfy itself that he is not being held in custody without lawful authority and in an unlawful manner." The difference in the language of the provisions of sub-clauses (a) and (b) of clause (2) of Article 98 is worth noting. Whilst in the fir..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.......Ordinance, 1983). 5. It further appears that the Government has not preferred any appeal against the said impugned order dated 27.4.87 passed by Special Tribunal No. III, Tangail. Relying upon the provisions of section 30(1) of the Special Powers Act the learned Advocate appearing for informant F..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
....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.
......order.
9. The Proclamation of Emergency was, however, revoked on the 16th February, 1969 resulting in the repeal of the Defence of Pakistan Ordinance and the Rules framed thereunder but the provisions of the Defence of Pakistan Rules relating to the control of trading with enemy and the co..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......n Amin, the learned Advocate for the accused-appellant submitted that the learned Special Judge framed a charge of criminal breach of trust against the accused appellant in gross violation of the provisions of sub-section (2) of section 222 of the Code of Criminal Procedure and as such the tri..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ancel or to avoid or to rescind, the laid power can be exercised as stipulated, if the grounds for acting as such existed to the satisfaction of the party. It can also be cancelled under the relevant provisions of the Contract Act but in either case it would not call for a leaving. 30. In the c..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....XIV of 1982, that the cognizance of the present offence having been taken on 10.3.81 by the Judge, the present case is covered by section 35(C) of Ordinance No.XXIV of 1982 which is directory and not mandatory and that since on 8.8.83 on which date Ordinance No.XXXVII of 1983 came into force the pre......said petitions could be heard, the Sessions Judge withdrew the case on 9.9.85 to his own file. Before the Sessions Judge the accused petitioner filed a petition on 4.11.85 praying that in view of the provisions of section 8 of Ordinance No.XXXVII of 1983 as amended by Ordinance No.XXIX of 1985 ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....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. ....... Now we are to consider what will be the legal consequence of such marriage in view of the provision of Muslim Family Laws Ordinance, 1961. 10. In this connection if will be proper to quote the provisions of section 6 of the Muslim Family Laws Ordinance which are as follows:— "..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......ibunal and Munsif, Parshuram cited a number of allegations prominent amongst which are as follows:— i) The opposite party No.1 was less than 22 years of age on the date of election. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified to be elected as Chairma..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
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. ......e Additional Sessions Judge, Patiya rejected the motion being Criminal Motion No.297 of 1984 on 17.1.85. Thereafter the accused petitioner obtained the present Rule on 28.4.85. 5. In view of the provisions of section 439 (4) Cr.P. Code to the effect that nothing in section 439 Cr.P.C. shall be ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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. ......ing Ordinance No.XL of 1977 paragraphs 2 and 5 of the schedule to the Special Powers Act, 1974 containing all the Penal Code offences were omitted from purview of the Special Powers Act. The relevant provisions of Ordinance No.XL of 1977 are as follows: "5. Amendment of Schedule, Act..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....al (authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detaining authority has not complied with various mandatory provisions of the Special Powers Act, 1974 and therefore it cannot be said that the detenu...... enable the detenu to make a representation in writing against the order and also did not inform the detenu of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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