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Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....CWN 882 at P. 885, Mohinder Singn Jaggi vs. Data Ram Jagannath, AIR 1972 SC 1948, Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150. He further submitted that there is judicial support favoring the view that the counterclaim may be treated as a plaint in cross-s..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not proved to the satisfaction of judicial conscience of the Court even if statutory requirements as to proof of execution of th..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....sions of Article 14 of the Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972, P.O. No. 16 of 1972. The trial court as well as the High Court Division ought to have taken judicial notice of such provisions in spite of the Government's failure to invoke them. Article 14 ..Category: Property Law | Date: | Hits: 47
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....en are not only duty bound to obey the law and the orders of the court but it is their constitutional obligation to do so, inasmuch as, the constitution enjoins upon all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court." 12. As to why such officers as..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....s and Wards Act, 1890 from the members of the family. Here, the principle for selection and appointment of particular person as a receiver has clearly been stated. The exercise of discretion being judicial must be exercised according to the circumstances of the case. 17. In Suprasanna R..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....the question of bonafide requirement in this case has not been determined on correct construction of section 18 of the Premises Rent Control Ordinance and in accordance with the authoritative judicial decisions as laid down in the case of Jagadish Chandra Surker vs. Abdul Aziz, 7 DLR 314 and..Category: Tenancy Law | Date: | Hits: 111
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her c..Category: Criminal Law | Date: | Hits: 58
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....mplainant when he filed a petition stating that he would not proceed with it. It was not, therefore, disposed of on merit; no witness was examined, no enquiry held, nor did the Magistrate apply his judicial mind to it yet. As such it cannot be treated as a second complaint. The complaint filed on ..Category: Criminal Law | Date: | Hits: 79
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....and Sons Vs. Firm Hansroj Nathuram, A.I.R. 1971 (S.C) 974 the Supreme Court of India considered that section 48(1) of the Code indicated that the period is a period of limitation not a bar as was a judicial opinion at one time. The opinion that has now crystalised is that section 48 is controlled..Category: Civil Law | Date: | Hits: 107
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....ng as to 'intention' before recording a conviction under & first part of section 304. The judgment in such case not only becomes open to criticism but also demonstrates a lack of application of judicial mind and care. 14. It has therefore fallen on us to consider whether the convictio..Category: Criminal Law | Date: | Hits: 51
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....Ext. A which was filed by the respondents to show a transaction of partnership between Ansar Ali and Sunil from 1976 to 1982 cannot be considered to be a valid document. Not written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the ..Category: Property Law | Date: | Hits: 30
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....nd order proposed to be delivered by my learned brother Latifur Rahman, J. I give my reasons as hereinunder. 35. There can be no two opinions on the legal proposition, long established by sound judicial precedents, that when there is no direct evidence, the solitary circumstance that the decea..Category: Criminal Law | Date: | Hits: 38
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....ave was granted to consider whether in view of short sentence of one year only, the appellants ought to have been granted bail by the learned Single Judge of the High Court Division in exercise of judicial discretion. 5. It appears that the sentences of the eight appellants are only for t..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....nst the respondent entirely depends on circumstantial evidences. It is needless to say that the standard of proof required to convict a person on circumstantial evidences is now well‑settled by all judicial pronouncements. It is to be seen whether the approach of the High Court Division was correc..Category: Criminal Law | Date: | Hits: 49
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....habad) 64, which was over-ruled by another decision of the said court in the case reported in AIR 1972 (Allahabad) 418. The learned Counsel argues that the High Court Division did not apply its judicial mind in considering the point of law raised on behalf of the petitioner and committed an ..Category: Tenancy Law | Date: | Hits: 114
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....e was committed by a party to the proceeding as contemplated in section 195(1)(c). Leave was granted by us to consider the legality of the order of the High Court Division in view of the fact that judicial opinions are sharply divided on the question involved. 3. Khondkar Mahbub Hossain, lea..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....scribing their own jurisdiction by self imposed restrictions in matter of criminal appeal had no manner of application in the case of the Supreme Court functioning in the country at the apex of its judicial system. Hamoodur Rahman, CJ. considered that the Supreme Court has every right to examine t..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....ssuance of the order of the rule itself and that begs the question whether the satisfaction in granting the rule and vacating the ad-interim stay could be justified on the well settled principle of judicial discretion. Points merit consideration. Leave is granted." 7. Along with this ord..Category: Property Law | Date: | Hits: 45