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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. ......gards maintainability of the appeal was heard by a Division Bench (Fazle Hossain Mohammad Habibur Rahman and Mahmudul Amin Chowdhury, JJ) on 20th February, 1989. The above Division Bench relying on a decision reported in 40 DLR 161 held that the informant-appellant was net competent under the Specia..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. ...... is not found less than 16 years, then father/ guardian will not be entitled to claim her guardianship and the girl will be treated as major and she will be allowed to go anywhere she likes. The decision in Jahanara Begum alias Joisna Rani Saha and another Vs. The State, 15 DLR (Dhaka) 148 has ..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. ......rmalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....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. ......ay, facts and circumstances shall be explained For admission in evidence any document, delay and facts and circumstances of the case shall be explained. Kanda and ors. Vs. Waghu 3DLR 311- a decision of the Privy Council which was relied on………….. (6) Admissi..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......he acted illegally in accepting the nomination paper of the respondent No. 5 who was disqualified to contest the election and in deciding the question of age of the respondent No. 5. He relied on the decision in the case of Munshi Abdul Hoque Vs. Additional Deputy Commissioner reported in ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......rought it to the notice of the Joint Secretary, Political Section, Ministry of Home Affairs, Government of Bangladesh the said difficulties and requested the Ministry to resolve the same. But no decision has yet been given on that letter of the Inspector General of Prisons. 7. It is stated..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ...... is also not protected, but then malafide act is to be pleaded with particulars constituting such malafide and established by cogent materials before the Court." 14. In this connection, the decision in the case of Khondker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others reported in 1..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
....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.
...... been framed both of law and facts and the Court is satisfied that no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit and no injustice will result from the such proceeding with the suit forthwith, ..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......d adverse possession against the owner and, on the other hand, we only find that the plaintiff lawfully entered into possession and continued to remain so. Herein we will refer some of the reported decisions to appreciate the present case as to whether a decree for title could be given on the ba..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....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. ......ken in the case of Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333 by a Division Bench of the Calcutta High Court and therein it was observed "The question for decision is whether section 100 Cr.P.C. empowers a Magistrate to order the detention of a person w..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
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. ......16 Lakh is owed to the Bank. Mr. Rafiqul-Huq submitted that remuneration of the ship breaker Mohammad Meah is still due and the claim is 24 lakhs for which the decree has been passed. In the majority decision of this Court, this decree remains intact. The crux of the problem as to how he could execu..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. ......ithin the walls of any common prison." and in the same book the learned author also quoted the following observation made in P. Nara-sayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396 which decision was also considered and followed in 1945 Mad. 313:- "Therefore, a direction by the C..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. ......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 mind of the detaining authority which based this decision on the materials and of passing the order of detention after long eight months. It is the d..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....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. ......e, 1908 (V of 1908) Section 11 An adverse finding against a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental part of the decree, then it will operate as res judi..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....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. ...... property. So the lease granted by the respondent No.4 in favour of respondents 6 to 9 was legal and proper. 7. In support of his contention the learned Deputy Attorney General referred to a decision reported in A.I.R. 1947 (Lahore) 117 in which it has been held that a compromise decree can..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......aikunthes AIR 1951 P 291 that when an advocate stating grounds prays for an adjournment which is refused but has no further instructions to represent his client, there is no "appearance'' and these decisions are in conformity with the decision in the case of Robinson Vs. Chad. rick (1878) 7 Ch D..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....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.
......here was an appeal being Title Appeal No.34 of 1982, to the learned District Judge, Patuakhaii. The appeal was heard by the learned Additional District-Judge, First Court, Patuakhaii who affirmed the decision of the trial Court. Being aggrieved defendant No.1 has obtained the present Rule challengin..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
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. ......ke. The petitioner also paid Tk. 1,08,000/- for the year 1391 B.S. It is the further case of the petitioner that the officials of the Government were not very happy with the petitioner because of the decision given by the Hon'ble Court in Writ Petition No.19 of 1982 and they have been always try..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ublic documents- 1. Documents forming the acts or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreig......d suit for the purpose of arriving at his finding in the appeal. He argued very strenuously that the plaint was a private document and this lower Appellate Court committed an illegality in basing his decision on the certified copy of the plaint which was inadmissible in evidence. In support of ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
.... person implies the exclusion of other things or persons. Where certain specific provisions of statute have been expressly mentioned or referred in another statute, for the purpose of latter the legislative intent appears to be that the provisions which have not been so declared of referred to ...... has been observed. "The general principle, however, seems to be that alteration in procedure are retrospective, unless there be some reason against it'. This view follows from the decisions in the cases of James Gardner Vs. Edward A. Lucas, (1878) 3 A., 552; Colonial Sugar Refini..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
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