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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. ......rder of detention. It is the detention itself of the detenu and relief was sought by a proceeding which in Latin term is known as habeas corpus. Since 1962 in the Constitutional instrument Latin terms of the prerogative writs had been omitted and the Constitutional jurisdiction to issue ne...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention i..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
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. ......petitioner have been granted lease of the fishery for the term of 1389 B.S. to 1394 B S. at the annual rent of Tk.1,20,000/- vide memo dated 20.08.1981 (Annexure-B). The said Memo also stipulated the terms and conditions under which the lease was granted. On receipt of the said Memo the petitioner d......n Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others………………&hell..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
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. ......ted a declaratory suit No.416 of 1981 in the 3rd Court of Subordinate Judge at Dhaka for declaration that the refusal to supply the paints to the petitioner was illegal being in violation of the terms of the agency. This title suit was brought on 25.8.81 and the opposite party in order to escap...... The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The S..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....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. ...... the Baraghona Salt Crushing Factory at Gandamara under Purba Baraghona Thana Procurement Centre against Invoice No.17/81 (P.B ) for delivery to the destination at Strand Road. Chittagong as per terms of the programme; but surprisingly he did not deliver the stock at the destination in spi...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi..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. ......se 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 to do s......D) (1987) 242. ..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. ......unal in spite of the provisions of sections 30(1) and 34 of the Special Powers Act, 1974. The majority view was further expressed in the said decision (32) D.L.R. (A.D.) page 1) in the following terms: ''In the present case the facts, though as shown before, are a little different ......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....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. ......ustice. 7. On the question at issue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence......Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the 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. ......ial justice. 7. On the question at issue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence......Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......ate Commissioner and his cross examination. It was argued that in the state of such affairs the report should not have been accepted by the Trial Court. 8. The argument is attractive, but if the terms of Order 26, rule 10 of the Code are considered then it does not appear that there is reason f...... afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......opinion that a prima facie case for quashing was made out by the accused opposite parties then he could have referred the case for an order of the High Court Division. Section 438 Cr.P.C. does not on terms require the Sessions Judge to report a matter which requires the quashing of a proceeding pend......e of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the prosecution case as it is and has to come to a conclusion that upon the facts alleged no criminal offence has been disclosed-C..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......nts holding lauds contiguous to the, land transferred, shall be made parties. This distinction between a co-sharer tenant and a tenant having the contiguous land has been again pronounced in definite terms and language in subjection (5). This sub section has set forth the prior rights to...... Vs. Sree Satya Narayan Pramanik & others…………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellant..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......deliver and/or to destroy the packets containing the block ‘flower' label as trade mark. The plaintiff has also filed two applications in the two suits for temporary injunction in the above terms pending disposal of the suits. 3. The plaintiff has alleged that it is a registered ......ted in: 38 DLR (HCD) (1986) 135. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ...... agreement has been reached under which the defendant has made him a definite promise……………………(8) The Court will not decree a suit for specific performance of a contract the terms of which are uncertain. There being no concluded contract which could be enforced by speci......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......w one of the purposes of the Act is sec. 42. They re therefore to be "deemed to be" the agent who is chargeable to income tax, are deemed to be the assessee—the assessee being in terms of sec. 2(2) defined as the person by whom income tax is payable. Now when a person is “......sp; ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....mdash; ''District Judge" shall mean the judge of a principal civil Court of original jurisdiction, but shall not include (the High Court Division) in the Exercise of its ordinary or extraordinary original Civil Jurisdiction". So, there is, no doubt that the District Judge......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......ision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Resul..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32.......onsibility of the Court to confine the parties to the pleadings should not be over-looked or lightly brushed aside.... It will be for the trial court to examine the propriety of those questions in terms of law". In view of this matter the rule was discharged. Order 18, rule 17 C.P.C. is in the......ed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Pro..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......round to hold that the suit does not come within the ambit of section 42 of the Specific Relief Act. The said section does not really bar a negative declaration as such if otherwise its condition and terms are fulfilled as it has been found in this case. By seeking declaration in a negative way name......s also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......ceipts and mutation Khatian. 9. Order 1, rule 10 sub-rule (2) has provided: The Court may at any stage of the proceedings, either upon or without the application of either party and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whe......ed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petition..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......ation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in the following terms: “The prayer for attachment before the judgment of the Vessel M.V. Haci Sefer Kalka......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5