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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. ......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. ......
"100. If any Metropolitan Magistrate, Magistrate of the first class or sub-Divisional Magistrate has reason to believe that any person is confined under such circumstance that the confinement amounts to an offence, he may issue a search warrant, and the person to whom such warrant is directe..
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. ......ng lien. Sargant LJ observed: "They wanted to establish that their special clause got over the decision in Cree v. All Motors Ltd., (1917, 1 K.B. 625)." But it was repelled. 23. Applying these principles I have no hesitation in allowing the appeal inasmuch as the appellant Mohammad Meah h...... is lost. Lord Ellenborough in Hartley vs. Hitchcock (1816) 171 ER 512 pointed out "the defendant after the repairs was completed relinquished his possession and could not afterwards detain for the amount of the repairs." This was relied on by the Nagpur High Court in Eduljee vs. Cafe John Bros. A..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. ......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. ...... between the period from 11.9.76 to 17.7.77 by issuing receipts Nos. 1993 to 2000, 2175 to 2177, 3306, 3313 to 3320, 4105, 4118 to 4120, 4214 & 4215. But the appellant instead of depositing the amount to the Pourashava misappropriated. Upon such allegations Kotwali P.S. Case No. 6(10)80 was ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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. ......nged in higher forums. Decision in the redemption suits was on the same issue which is the issue in the subsequent suit, and as such, it is res judicata. The High Court Division correctly applied the principle of res judicata and dismissed the suit.………………&he......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. ..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. ......I.R. 1947 (Lahore) 117 in which it has been held that a compromise decree can be challenged in law if it was obtained by fraud and collusion. 8. We have perused the decision and we find that the principle enunciated in the said decision cannot be applied to the facts of the present case which i......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. ..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. ......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. ...... on 4.8.78 from the counter but defendant No.1 Nurul Hoque, the Deputy Chief Cashier strangely did not detect the said fact. Defendant No.1 Nurul Haque on the contrary deposited the entire defalcated amount with the plaintiff bank on the same day when detected and Asstt. Cashier Gopal Chandra Sarker..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ...... 2. The prosecution case, in brief is that the accused appellant Md. Mansur Ali while employed as Store-In-Charge of Lalpur Fair Price Shop during the period from 13-9-72 of 4-6-75 misappropriated an amount of Tk. 52,587.28 paisa and thereby committed an offence punishable under section 409 of the P..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
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. ......oner is arbitrary and mala fide. It has been further contended by the learned counsel that the petitioner’s lease was cancelled without giving him any show cause notice and it is violate of the principle of natural justice. 8. The learned Attorney General appearing for the respondent......deposit @ Tk.1,08,000/- per year as rent. The District Fishery Development Officer vide his memo dated 10.05.1983 allowed the petitioner to pay rent at that rate and ordered to adjust the excess amount paid for 1389 B.S against the rent of 1390 B.S. Pursuant to the said direction the petitioner..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
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. ......ressed in the statute or unless there be some good reason against taking such view. In the Book on Interpretation of Statutes by Maxwell, 9th Edition, Page 233 it has been observed. "The general principle, however, seems to be that alteration in procedure are retrospective, unless there be......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. ..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. ......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. ......l and shall not be called in question in any Court. (5) Any man who, contracts another marriage without the permission of the Arbitration Council shall— (a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if..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. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......rder to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner's banker and furthe..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. ......t a time when the said rule was actually in force.'' In the case of State Vs. Mohammed Jamil, 20 D.L.R (S.C.) 315 it was observed by the Supreme Court of Pakistan: "The general principle seems to be that alterations in procedure are retrospective unless there be some good reas......ging of fresh F.I.R. on 13.4.84 and issuing of process on the basis of the fresh F.I.R on 13.4.84 against the accused petitioner without the specific order of the District Magistrate Is illegal as it amounts to illegal revival of the investigation as well as of the case against the accused petitione..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. ......is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. 10. The following are cases in which......ip. 5. Back to the facts, Maimur Sultan entered into a contract with the plaintiff to sell his residential house. In pursuance of the contract Tk. 6,000/- was advanced and subsequently another amount of Tk. 25,000/- was also paid to defendant. These facts are not denied. An attempt was made i..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. ......not be". In the case of Delhi Cloth and General Mills Co., Ltd. Vs. Income Tax Commissioner, Delhi, A.I.R.1927 PC 242 their Lordships of the Judicial Committee observed, "The principle which their Lordships mast apply............has been authoritatively enunciated by the Boa......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. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
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. ......ivil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal (authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detaining auth......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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. ......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. ......(10) 82 alleging, inter-alia, that the accused Opposite-party on false promise and assurance that he would manage and provide a job for the petitioner in Saudi Arabia induced him to part with an amount of Tk. 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement rec..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. ...... 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. .......16(10) 82 alleging, inter alia, that the accused Opposite-party on false promise and assurance that he would manage and provide a job for the petitioner in Saudi Arabia induced him to part with an amount of Tk. 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement rec..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......es, namely, the Admiralty Court Act, 1861, Colonial Court of Admiralty Act, 1890 and the amendments thereof as made by British Parliament, the Administration of Justice Act, 1956 or at-least its principles as regards the Jurisdiction of the High Court of Admiralty of England as has be......l, he is entitled to realise the claim from the principal defendants and accordingly, he has instituted the suit in the Admiralty jurisdiction of this Court for realisation of the aforesaid amount. He also has filed an application for arrest/attachment of ship 'CHERRY ORIENT", a s..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
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. ......wellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B), wherein Lord Asquith while dealing with the provisions of the Town and Country Planning Act, 1947, made reference to the same principle and observed:— "If you are bidden to treat an imaginary state of affa......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. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......corded by the Magistrate. 14. Although the decisions referred to above relate not to confessions but to statements of witnesses recorded by Magistrates under section 164 Cr.P.C. nevertheless the principle is the same. There is a specific provision in the Criminal Procedure Code for examina......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
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