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Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......ial point for decision of the Miscellaneous Case under Order 9 rule 13 of the Code of Civil Procedure. Even if the discretion exercised by the subordinate Court is not in strict conformance with law and rules, the discretion would not be interfered with if it does not occasion failure of justic..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
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. ......inance No. LX of 1983. The police subsequently arrested the accused Nawshed and the victim girl Uma Rani Malakar. After investigation police submitted charge sheet under the aforesaid provisions of law. Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b)..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. ......u is a Hindu and a minor girl the question of acceptance of the religion of Islam by such a minor girl does not arise at all and as such there was no valid conversion and valid marriage in the eye of law. A horoscope as well as the school certificate clearly show that the detenu was born on 29th of ..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. .............Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Government can not enjoy..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. ...... Md. Mokbul Shah and others...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendmen..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. ......shy;gar Upazila in election held on 16.3.90 in pursuance of Gazette Notification issued by respondent No.1 as contained in Annexure‑B dated 1.3.90 is not declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner was a candidate in the el..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. ......order of release dated 5.4.89. By way of stating facts they have stated that as a Jailor and Deputy Jailor their duty is to receive and release the prisoner as and when directed by the Courts of law or the authority concerned. They have no personal interest in keeping a person in detention any ..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)
....e Supreme Court." It has further been argued on behalf of the defendant opposite party before this Court that by Act No.1 of 1986 the Constitution (7th Amendment) Act, 1986 was enacted amending the Constitution inserting the following new paragraph 19(2) of the 4th Schedule to th......state of Dhaka. Shorojini Bala Dutta constructed tin-huts in the suit land and let out the premises to defendant No.1 as monthly tenant. She executed a Will dated 4.12.82 in favour of her daughter-in-law Anjali Rani Dutta. After the death of Shorojini Bala Dulta her daughter-in-law Anjali Rani Dutta..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......t, having taken me through the impugned judgment and the evidence on record submitted that the order of conviction and sentence as passed by the Special Tribunal in this case cannot be sustained in law because the said is not supported by the evidence on record. In elaborating this point Mr. Karma..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......d bodies, that are relevant fact for finding out the clue of the crime and hence admissible under section 27 of the Evidence Act ……………….(33) The rule of law Confession is strikingly a very important and convincing material for proving that the offe..Category: Evidence Law | Date: 26 Apr, 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.
...... ...............................................................Opposite Party
Judgment
April 18, 1989.
Result:
The Rule is discharged
Priority of determination of issues of law
Where issues both of law and of fact arise in the same suit, the Court is of opinion that ..
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.......The learned Advocate next contends that in the suit no specific issue was framed by the parties regarding the acquisition of title by adverse possession and as such the trial Court acted wrongly in law and fact in framing an issue of adverse possession suo motu and decreeing the suit on that bas..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. ...... made to the Majority Act, 1875 the Guardians and Wards Act, 1890 and Child Marriage Restraint Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to give any c..
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. ......the application filed by the Bank for vacating that order. To say the least rule of pleading does not warrant it. In England under RSC Order 18 Rule 11 "a party may by his pleading raise any point of law. There is a vital distinction between pleading law, which is not permitted and raising a point o..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. ......any indication as to where a sentence of imprisonment is to be served or in other words, where the accused convict is to be detained. Therefore, we are to take aid from Law Lexicon and the judge made law. Wharton in his Law Lexicon quoted the definition of 'imprisonment' given by Tomlin as under: ..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. ......r long eight months. It is the detention which is to be considered and not the order of detention, inasmuch as, the constitutional obligation is to see; 'that is not being held in custody without lawful authority or in unlawful manner." Malafide vitiates everything. The conclusion becomes o..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....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.......ttal etc. But 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..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
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. ......is decision leave was granted by us to consider the question whether the principle of res judicata was applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a little complicated, are not seriously..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. ......ase and the approval of the lease in favour of the stranger respondents 6 to 9 and the declaration of the property as vested property were all arbitrary, illegal, malafide and without any sanction of law. Upon the said facts and circumstances the petitioner made this application under Article 102 of..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. ...... সাপেক্ষে অত্র মোকদ্দমায় চূড়ান্ত শুনানীর জন্য সময়ের প্রার্থনা করে। Heard learned lawyers from both sides and perused the record. It has been found that the plaintiff obtained adjo..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
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