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Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....rted for the purpose of breaking as scrap. Pubali Bank financed and Janapad Enterprise engaged plaintiff Mohammad Meah for breaking the ship on certain terms and conditions. Scraps were sold from time to time by the Bank and the loan was reduced substantially and as on 23rd November 1963 the loa...... 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. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....n affidavit stating that it had revoked the impugned order of detention and a fresh order has been passed on the same date detaining the detenu initially for 30 days which was extended from time to lime. 3. In the writ petition various grounds were taken challenging the detention incl......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. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....t section 30 of the said Act has to be read with Section 27(1) of the said Act. Section 27 (1) of the said Act provides that notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of any offence triable under this Act wi......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...Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....erests of the mortgagor as they stood when the mortgage was created as against an auction-purchaser in any other case who purchases the judgment debtor's rights and interests as they exist at the time of the sale. Mr. Pal has also submitted that after the equity of redemption has passed out of t......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. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....djournment of hearing in the suit on the alleged ground of proceeding papers since 1981 after the suit has entered in the peremptory hearing list. The plaintiff was granted adjournment for the last time by order No.4 on 24.6.85. The plaintiff was granted 6 adjournments after 24.6.85 even after all......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. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....it on the ground stated therein. Copy served, Objection raised let be kept with the record. To 16.02.1980."
19. The subsequent orders do not show that the application was disposed of at any time. On 07.04.1980 an unstamped copy of the plaint appears to have been filed showing the Govern&sh......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.
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Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....her officer of the corporation including the Manager used to take various goods from the fair price shop without making payment. The unfair transactions by the Managerial staff continued for a long time which resulted in the short -fall of the balance of the shop. The accused-appellant is quite in......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. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....ar positively." Clause (iii) of the lease agreement stated that the lessee shall have to abide by all other terms and conditions as framed or that may be framed by the Government from time to time and any deviation from any of the terms and conditions will make liable for cancel......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. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....uot; 3. The record was received by the Additional Sessions Judge, 2nd Court on 11.3.81. The accused petitioner appeared before the learned Additional Sessions Judge on 13.4.81 for the first time and was granted bail. On 6.7.81 the accused petitioner did not appear. The ad-interim bail of t......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
.... was that as the complainant, after giving birth to a dead child remained ill so the accused took her permission and then married the second wife Rahima with the consent of the appellant and for some time lived with both the wives together. He thus committed no offence. Five witnesses were prod......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. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
.... charge-sheet; this order was treated as an order taking cognizance against him. This order was challenged by the petitioner successfully before the Sessions Judge who set it aside. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner un......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....ayment. Apart from that in the same decision which is relied upon by Mr. Mozammel Huq Bhuiyan also it was held that "even in the case of the postdated cheques intention of the drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..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)
....se to the prejudice of the petitioner. 4. Section 344 of the Code of Criminal Procedure provides that the Court may if it thinks fit by order in writing and stating the reasons thereof from time to time postpone or adjourn the same on such term as it thinks fit for such time as it consider...... 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. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....of Secondary and Higher Secondary Education, Comilla, Ext. 4. It showed that the opposite Party No.1 was born on 12.6.61. The petitioner as P.W.1 also stated in his cross-examination that at the time of scrutiny of nomination papers he filed an objection as to the age of the opposite party No.1......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....l Magistrate, Patiya without any report from I.O. Perused the papers on record. It appears that the case (was) instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On ......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. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....out a case within the ambit of item-1. In other words, no case has been made out to say that the contract if enforced 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......ts non-performance would involve no such hardship on the plaintiff. The plaintiff has not done any substantial act or surfer any loss in consequence of the contract. Hardship is to be judged in the scale of the justice and in the facts of this case non-performance of the contract would involve no ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising out of and......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. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....m 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 he was detained or within fifteen days from the date of detention to the detenu and has not com......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....t 1½ mile away from the house of his father-in-law P.W.3 Khuillya Mean. Lutfunessa was murdered in the night of 5.9.83. On 6.9.83 when P.W.3 Khuillya Meah was taking tea in a tea-shop, at that time one Abdul Motaleb came and told P.W.3 Khuillya Meah that his daughter Lutfunessa after a q......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....-sheet of the Magistrate shows that the Opposite-party surrendered himself before the Court on 12.3.83 and was enlarged on bail on the following day. The accused, however, did not turn up at the time of trial and the Magistrate proceeded under section 339B (2) Cr.P.C. and tried him in absentia.......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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
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