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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....eral warrant an institution of a contempt proceeding against it, it should also warranted at the same time the scrutiny of the cassette in the hands of the Honorable President by the Supreme Judicial Council. If the report based on such cassette is considered contumacious, then the contents of the c......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....) 154; Jogeridra Nath vs Amulya Chandra, 44 DLR (AD) 147; Abdus Sattar vs Abdul Rahman. 44 DLR (AD) 100; Secretary of State for India vs Debendra La) Khan, 38 CWN 285; Secretary of State for India in Council Vs. Debendra Lal Khan, (1933) 61 IA 78; 1934 All U 153 (PC); P Lakshmi Reddy Vs. Lakshmi Red......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

.... guest legislative functions." 15. In the said decision there is mention about the opinions by Bose and Mukherjee, JJ, as regards delegation as under; Bose, J., adhered to the view of the Privy Council in Croft Vs. Dunphy (1933 AC 156) and Burrah's case and observed as follows: "The conc...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....from the day on which notice under sub-section (1) is delivered to the Chairman. (4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......fare Organization it has its own source of income, such as income from Dormitories rent of 32 shops at Rangpur, Pathological Clinic at Jamalpur and that the Samity earns lot of amount from a Training Centre at Patuakhali. 6. Petitioner has filed Affidavit-in-reply to the Affidavit-in-Opposition o..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......the Rule, after making inquiry on the security system from the Additional Attorney-General and the Assistant Attorney-General Mr. Obaidul Hasan Shaheen, the victim girl was shifted to a Women Support Centre in Mirpur run by the Ministry of Women and Child Affairs from the jail custody and she is sti..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

.... construed to be purely arbitrary. In this respect, therefore, section 498 of the Code seems to me to be ‘ancillary or subsidiary” to sections 496 and 497 of the Code, in the words of the Privy Council. 18. Hamoodur Rahman J, however, took a little different view expressed in ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ribes a literal construction of its verses, the learned Judges referred to the case of Aga Mahomed Iaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 (Cal) 9 and held that the dictum of the Privy Council pronounced a hundred years ago in 1887 AD that it would be wrong for the Court to attempt to...... Interveners (Second Group) For the Appellant: 1. Nazrul Islam, Advocate, instructed by Md Nawab Ali, Advocate-on-Record — For self and as Secretary General, Islamic Law Research Centre & Legal Aid. 2. ABM Nurul Islam, Senior Advocate — For Self For the Respo..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......rom the lower Court. 5. Complainant Masuma Sultana was married to the accused petitioner doctor AKM Maqsudul Hassan in 1982 and they have two daughters. He is a medical officer of Titulia Health Centre. Due to domestic trouble his wife left his residence on 27‑9‑97. Thereafter he filed GR C..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....” is given to bind the contract. (3) It is part of the purchase price when the transaction is carried out. (4)…………………… (5)………………….... The Privy Council in the case of (Kunwar) Chiranjit Singh vs Har Swarup, AIR 1926 PC I observed that earnest m......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....wdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240); 4tannel Tunnel Group Ltd. Vs......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....c­tion to the award under section 30 within the time prescribed under Article 158 of the Limi­tation Act and in arriving at that finding their Lordships have relied on a decision of the privy Council reported in I.L.R. 13 (ALL) 300. In that case the award was filed beyond the period limited ......shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....the plaintiff is still subsisting although talaq has been pronounced by the petitioner by swearing an affidavit on 11.4.90 and it was not a talaq in the eye of law as no notice to the Chairman, Union Council nor a copy thereof to the plaintiff was served as required under the provision of section 7 ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....as void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case. 3. The appellants, who are brothers, No. 2 being minor at t......sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)

....cial statutes legislature employs "deeming" clause. "Deeming" clauses of different statutes have been interpreted by the superior courts of the Sub‑continent including the Privy Council. In the case of Radha Kissen Chamria and others Vs. Durga Prasad Chamria, AIR 1940 PC 167, i......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292   ..

Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

....set up by the parties nor the variation in mode of payment flowed from the judgment, so as to reflect in the decree which is mode of formal expression of the adjudication made by the Court. The Privy Council says, it is imperative that it should conform to the judgment (Ord. 20, rule 6). Every Court...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

....is only in the nature of an error in a proceeding antecedent to the trial. In such a situation section 537 of the Code of Criminal Procedure is attracted. 15. Following the decision of the Privy Council in the case of Subramanya Aya reported in AIR 25 Mad. 61(PC), for a long time it had been th......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)

.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ..

Category: Election Law | Date: 25 Jan, 1994 | Hits: 2

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

.... November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR 514; District Council, Kushlia Vs. Abdul Ghani, 22 DLR 217; Md. Rezzaqul Islam SM Abdus Saliar and Md. Abul Kashem......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

....being their guardian appointed by the court, under the Mohammedan Law, to convey to another any right, title or interest in immoveable property has been decided by the Judicial Committee of the Privy Council in the case of Imambandi Vs. Mutsuddi reported in 45 IA 73. Following that decision Judicial...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2