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Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....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. ......nt Judge having not applied his judicial mind in to considering that the plaintiffs petitioners proved the tenancy of the said original defendants, committed error of law resulting in an error in the decision causing failure of justice. 7. Secondly, it has been submitted by Mr. Rahim that once a ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....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. ......ner has committed offence which is punishable with capital sentence. In support of his contention as to the requirement of new ground for subsequent application. Mr. Chowdhury has cited an unreported decision dated 14.5.94 of the Appellate Division in Criminal Petition for Leave to Appeal No.29 of 1..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....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. ...... 17 (FB) and the case of Working Muslim Mission & Literary Trust, Lahore and the Civil & Military Gazette Ltd. Lahore Vs. Crown reported in 8 DLR (FC), 110. We have gone through the aforesaid decisions of the West Pakistan High, Court as well as the Federal Court. We find some fundamental di..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....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. ......m the date of the case and thereby decreed the total amount of taka 52,999.50. Against the said decree, the petitioner referred the said Family Court appeal and the lower appellate Court affirmed the decision of the trial court but modified the decree by decreeing the entire dower money and thus the..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. ...... Arif that a revision does not lie from an order of the Artha Rin Adalat. Let us examine and see if his submission has got any substance. It may be stated that in construing the word "final" in many decisions of the superior Courts of this subcontinent, it has been held that the word "final" does n..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ...... decree of the trial Court after setting aside those of the Court of appeal below. 9. Mr. Moinul Huq, learned Advocate for the appellants, has submitted that notwithstanding the aforesaid decision of the Privy Council it has been held in many cases that a contract entered into with a mi..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed 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) 573. ......mperative on the Court to place before the accused the salient features transpiring in the evidence in order to obtain his explanation thereon and in support of this contention he was referred to the decision in the case of State Vs. Abdur Rahim Sikder reported in 10 DLR 61. The only evidence of inv..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)
....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. ......er submitted that the Magistrate is at liberty to take cognisance upon police report even if the recommendation of the investigation officer is to the contrary. For this submission he has relied upon decisions held in Abdus Salam Vs. State 36 DLR (AD) 58 and Golam Jilani Vs. Govt. of West Pakistan 1..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....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 ......lement of the suit land along with his brother the petitioner but that both the courts below by misreading the facts and evidence, decided both the suits in favour of the opposite party and thus this decision of the learned Subordinate Judge has caused a failure of justice to the plaintiff‑petitio..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....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. ...... supported by strong circumstantial evidence, such as might serve to overcome the inherent doubt by which such evidence is necessarily affected and in support of his contention he has referred to the decision in the case of Thoba and another Vs. State reported in 1963 PLD (SC) 40. It is the prosecut..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......er at the time of its promulgation. At a later stage Mr. Mashuque Hossain Ahmed, the learned Assistant Attorney‑General submitted that since Writ Petition is pending the Government postponed taking decision regarding implementation of the recommendation made by the review committee whereupon order..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ....... 7. It appears that the High Court Division, engrossed as it was in elaborately noting down the long-winded arguments of both sides, missed determining an essential fact and omitted to give its decision on some of the arguments advanced and also failed to interpret section 65(1) of the Ordinan..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......y of passing the order of detention is included in computing the period of 15 days from the date of detention and hence further detention was illegal. In support of his contention, he has relied on a decision reported in 40 DLR 207 (Saleha Chowdhury Vs. Government of Bangladesh & ors) and also o..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......corporating 'Ka' schedule property in place of 'Kha' schedule property in the ordering portion of the judgment.
11. While arguing their cases the learned Advocates placed several decisions of the higher courts of the sub-continent in support of their respective cases. One such c..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......e cognizance so taken is only in the nature of an error in a proceeding antecedent to the trial. In such a situation section 537 of the Code of Criminal Procedure is attracted. 15. Following the decision of the Privy Council in the case of Subramanya Aya reported in AIR 25 Mad. 61(PC), for a lo..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......s entrusted with disposal of a election petition expeditiously. Though the Election Rules do not authorise the Election Tribunal to order recounting of the ballot papers it is now well settled by the decision of this Court (27 DLR 594) as well as of the Appellate Division (27 DLR (AD) 117, 31 DLR (A..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......ancelled. The learned Subordinate Judge after hearing both sides allowed the case and appointed two arbitrators from the lists submitted by both parties for settlement of the dispute and against this decision of the learned Subordinate Judge BTTB filed a revisional application being Civil Revision N..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......DP intimating him that Review Committee was set up by the Government to review the cases of Ansars and VDP personnel who were retired/discharged/ removed/dismissed under NDO since September, 1982 and decision was also taken to review the case of the petitioner. On being asked the petitioner submitte..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......e appellant being the employer is not liable for that and the claim of the plaintiff cannot be sustained in law. In support of his contention the learned Advocate for the appellant could not cite any decision before us.
10. On the other hand, Mr. Khondker AM Mohsenuddin, the learned Advocate fo..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
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. ......the trial of the accused appellant for want of sanction as alleged by the learned Advocate for the appellant. In support of his contention, the learned Deputy Attorney‑General however referred to a decision in the case of Jamdhar Khan vs. state, reported in 27 DLR (AD) 35 which laid down that no s..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
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