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....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. ......uld not be released from custody. Thereafter a medical report signed by three professors of the Dhaka Medical College dated 15.10.88 was received by the Sessions Judge stating that they were of the view on examination of her person and X-ray film that her age was between 18 and 19 years. On 6.11.8..
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. ...... instructed by Md. Sajjadul Huq, Advocate-on-Record,—For Respondent. Civil Appeal No. 2 of 1988. Judgement Badrul Haider Chowdhury J. — I regret that I could not subscribe to the views expressed in the judgment of my learned brother M.H. Rahman J. 2. Facts are simple: — ..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. ...... money from different tax payers but deposited the money alter the offence was committed. So holding he passed a sentence of imprisonment against the accused till rising of the Court taking a lenient view and also passed a sentence of fine of Taka 200/- in default to suffer simple imprisonment for..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... preventive detention in a proceeding under Article 102 of the Constitution. 21. Considering the nature of enquiry as it is there is no hesitation in saying that the High Court Division has erroneously taken the view that the rule has become infructuous as because fresh order had been pass......detention including the mala fide. It was contended by the Government that the rule has become infructuous, inasmuch, as the impugned order of detention has been revoked. The High Court took the view. "This rule therefore has become infructuous after revocation of the impugned order a..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. ......ndra Bala contending that she got no title to the land and that her right of redemption, if any, was barred by limitation and, above all her suit itself was barred by the principle of res judicata in view of the decision against her in the two Redemption Suits; he also alleged that Chandra Bala was ..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. ...... basis of the compromise petition vide Annexure B and F. By referring to these documents Mr. S.C Das submitted that Hrishikesh Roy had no subsisting right in the disputed property since 02.11.62 in view of the compromise decree declaring the right of petitioner and Parul Baba Roy in the entire pro..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. ...... and on 2.10.78 the strong room was opened by defendant No.1 Nurul Hoque and defendant No.2 Md. Shamsul Haque and with the said two defendants Mr. Aminul Islam entered into the strong room with a view to verify the case of the strong room in the process of taking over charge. It was detected t..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.
......vernment may direct.
12. With this background I now proceed to consider the submissions of the learned Advocates of the respective parties. It is first urged on behalf of the petitioners that in view of Article 2(1) of the President's Order No.29 of 1972 as amended by President Order No.134..
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. ......use of the decision given by the Hon'ble Court in Writ Petition No.19 of 1982 and they have been always trying to defeat the right of the petitioner in respect of the fishery and with that end in view the Additional Deputy Commissioner (Revenue), Moulvi Bazar suddenly put the fishery in auction ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ...... wherein it has been held that both plaint and written statement are public documents. I have gone through the decision reported in P.L.D. 1967 (Lah) 1051 as well as 19DLR 349, I prefer to follow the view taken by his Lordship Abdullah, J. which I consider to be a toned exposition on the Interpretat..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....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. ......was issued against as the accused petitioner who continued to abscond. On 29.12.82 the learned Additional Sessions Judge ordered that the accused petitioner snail be tried in his absence in view of the provision of section 339E (2) of the Code of Criminal Procedure. The learned Additional ..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. ......married Rahima Khatun, daughter of Kashem Ali on 14-9-78 without taking any permission from the Arbitration Council. 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 ..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. ...... according to their agreed terms of business the petitioner was getting credit facilities which were restricted by the opposite party at whose instance the post-dated cheques had been issued. In view of such position we cannot see how the petitioner by deceiving the opposite party fraudulently ..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. ...... the disposal of Civil suit and therefore indefinite postponement of criminal case is undesirable, particularly when it is uncertain how long the Civil Court will take to dispose of the suit. Similar views have also been taken in 9 DLR (WP) 7, 22 DLR 502 and 25 DLR 331. 5. In view of the afores..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. ......erwritings especially in the dates and therefore rejected the affidavit Ext. B as concocted for the purpose of the case. The appellate Court, on the other hand, took the following view: "It is our common knowledge that in our country when a boy is admitted into a school..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....makers in section 35(c) of the Ordinance No.XXIV of 1982 in respect of offences pending with any police officer for investigation on the date of coming into force of the said Ordinance, after an erroneous and illegal order of dismissal of the earlier G.R. Case before the submission of the Polic...... deemed to be 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...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)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......ubmissions that even if the contract was good in the facts and circumstances of the case whether the Court should have used its discretion in refusing to grant decree for specific performance. In view of the fact that the contract was entered into under very compelling circumstances and it was..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. ......rit petitions 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 a..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. ......on contest, it becomes functus officio and thereafter it has no jurisdiction to entertain and continue a fresh proceedings under Order 9, rule 13 C.P C. Mr. Amir Hossain submits that this is the view which has been consistently taken in respect of Tribunals set up under Special Statutes, e..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. ......ce of the District Magistrate, Chittagong, No.1919/J.M, dated, Chittagong, the 25th October, 1984. ORDER Whereas I, Md. Omar Farooq, District Magistrate, Chittagong am satisfied that with a view to preventing Mr. Jamaluddin Ahmed @ Jamal Ahmed s/o. Haji Bashir Ahmed of Bakulia, P.S. Chandg..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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