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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. ......d just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......or the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a subsequent date. In this respect we may refer to a decision reported in A.I.R. 1938 (Madras) at page 129. In that case the petitioner was an owner of m..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......indefinite and sine die stay order that was passed by the learned Magistrate is not warranted by section 344 of the Cr.P.C. nor it is found to be a just or fair order. On this point there is a recent decision in the case of Rafique Ahmed Vs. Badiul Alam, reported in BLD 1984 page-319 where it has be..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
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. ......or of law resulting in a miscarriage of justice by failing to consider the true import of and the weight to be attached to an admit card issued by an Education Board. He has referred to an unreported decision of a Division Bench of the High Court Division in Writ Petition No.743 of 1980 (Judgme..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....ced will "give the plaintiff an unfair advantage over the defendant.” At the same time in terms of section 22 "the court is not bound to grant such relief merely because it is lawful to do so." The legislative anxiety in not enforcing the contract, though it was validly entered into could be loca......ntract is onerous to the defendant will not be a circumstance falling within the item-II. See Davis vs. Mensosa 38 Calcutta 805 (P. C.) where the Privy Council deprecated such defence. Long line of decisions in India shows that such defence would not be entertained by the court. See Sarkarlinga Vs..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
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. ......s under Article 102 of the suspended Constitution shall abate. Consequently, the Appellate Division passed an order in Criminal Appeal No.13 of 1981 to the following effect: "In view of the decision dated 30.6.82 pronounced by this Court in C.A. No.90 of 1981, this appeal has abated. Writ ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......alled upon to decide. Mr. Amir Hossain submits that under the amended section 29 (4) of the Local Government Ordinance, 1984 the learned District Judge is required to adjudicate on the decision of the Election Tribunal. He is not to adjudicate on any other matter. 6. Besides..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......iew of the provision of said section 34 the orders of detention passed under the Special Powers Act cannot be called in question in any Court. The answer to this argument is already given in the said decision of the Privy Council in the case of Secretary of State Vs. Mask & Co. A.I.R. 1940 (P.C...Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... a receiver in a partition suit has not met the approval of the Court. The existence of dispute offers no ground whatsoever for appointing a receiver. It was further held relying on another decision reported in A.I.R 1920 Bom. 321 (Govind Barain Rao Desai Vs. Vallabhrao Narayantao Desai) t..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......s found that the discretion was not legally and properly exercised by the Court concerned. In support of his submission Mr. Fazlul Karim, learned Advocate for the O.P. No.1, referred to two decisions reported in 4 D.L.R 360 and 35 CWN 519. He has also referred to a decision reported in A.I..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... it is found that the discretion was not legally and properly exercised by the Court concerned. In support of his submission Mr. Fazlul Karim, learned Advocate for the O. P. No.1, referred to two decisions reported in 4 DLR 360 and 35 CWN 519. He has also referred to a decision reported in AIR 1..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ...... have no jurisdiction to try this case. The Special Tribunal has committed no illegality in taking cognizance of the case. 8. The learned Advocate for the accused petitioners has referred to the decision in the case of Siraj Miah Vs. Bangladesh and another, reported in 32 DLR (AD) 35 in which t..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......mia Aiyar AIR. 1925 (Mad) 39, in which it has been held that the High Court has power at any stage to quash and set aside the proceeding of the subordinate Court under section 439 Cr.P.C., This is, a decision of a single Bench of the Madras High Court, With respect, this decision does not take;..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......r section 561A of the Code of Criminal Procedure to interfere with any order passed by the Village Court or by the Sub-Divisional Magistrate under section 8 of the Village Courts Ordinance, 1976. The decision in the case of Bangladesh Vs. Shahjahan Seraj reported in 32 D.L.R. (A.D.) page 1 (ref..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ...... limited pre-emption to co-sharers only, either by purchase or by inheritance; it did not extend the right of pre-emption to a tenant having land contiguous to the land transferred. As such the decision relied upon is of no assistance to the instant case where the claim of a contiguous land-ho..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......hird Edition) and the observations made in A.I.R. 1937 Calcutta 122 (123). The learned Advocate has also referred to the observations made by the Hon’ble Appellate Division of this Court in the decision reported in 34 D.L.R. (A.D) 110 (paras 9-10). According to the learned Advocate even before..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ......pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same." 7. In a decision reported in 27 Dhaka Law Reports 413 Abdur Rahman Chowdhury, J., considering the above note..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......said to be identical or similar to each other so as to mislead or deceive an intelligent person or an unwary purchaser. In support of his contention the learned Advocate has referred to the decisions reported in 30 D.L.R. (HC) 244; 1970 P.L.D (SC) 460, 31 reports on Patent Cases 53; 33 Rep..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......shall be deemed to have been appointed as Additional Sessions Judge of that division, only for the purpose of trial of Sessions cases". In this respect he also referred two contrary Single Bench decisions in the cases of Md. Mustafa Mondal Vs. State, 35 DLR 362 and Nizir Ahmed and others Vs. Yu..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......ction Tribunal. 5. Now the question arises whether the District Judge who entertained the Election Appeal is a Court or a 'persona designata'. The learned District Judge relying upon the decision reported in 29 DLR (SC) at page 304 has found that the word ‘District Judge' mean..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2