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Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....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. ......sh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. A.Y. Salehuzz..

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. ......Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order ..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced before him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......evidence that may be adduced before him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......bdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173). Lawyers Involved: Hemayetuddin Ahmed, Advocate -For the Petitioner. Shamsul Alam, Deputy A..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

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. ......�……………………………..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant...

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....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......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. ....... 1977 (SC) at page 1496; AIR1973 (SC), at page 205; AIR 1975 (Madras) at page 81; AIR 1975 Madras at page 81; AIR 1973 (SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M...

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....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. ......al Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul K..

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. ......;………………………………...........Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the St..

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. ...... Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The State, PLD 1963 (WP) Karachi, page 54; Meser Ali and another Vs. The State, 26 DLR (1974) at page 146. Lawyers Involved: G. S. Huq—For the Petitioner. A. K. M. Mozammel Huq Bhuiyan—..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)

....cularly when it is uncertain how long the Civil Court will take to dispose of the suit. Similar views have also been taken in 9 DLR (WP) 7, 22 DLR 502 and 25 DLR 331. 5. In view of the aforesaid principles as also the provision of law and in the facts and circumstances of this case we find that...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... 14, 1986. Result: Cases Referred to- Rafique Ahmed Vs. Badiul Alam, BLD 1984 page-319; Khalilur Rahman Vs. Md. Idris, 20 DLR 1958 page 67; 49 DLR (W.P.) 7; 22 DLR 502; 25 DLR 331 Lawyers Involved: Md. Omar Faruque - For the Petitioner. None - For the Opposite Par..

Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......rred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. T.H. Khan with Md. Ruhul Amin&mdash..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....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......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. ......s. Irving, 1905 AC 369; Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (SC) page 96; Abdus Salam Master Vs. The State, 36 DLR (AD) 58; Abdul Quader Chowdhury and others Vs. The State, 28 DLR 38. Lawyers Involved: M. Fazlul Karim with M. A. Kashem—For the Petitioner. Q. A. Hossai..

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)

....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......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. ......narayana Vs. G Yelloji Rao AIR 1965 (SC)1405; Jogesh Chandra Das Vs. Farida Hasan B.C.R 1984 AD 137=1983 BLD (AD) 225; Ranganayakamma Vs. Govinda Narayan AIR 1982 Kant) 264; 38 Cal. P. C. 105. Lawyers Involved: B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record�..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....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. ......, 36 DLR 200; Purshotam Singh Vs. Narain Singh and State of Rajasthan, AIR 155 Rajasthan 203; Ram Singh Vs. Crown, AIR 1950 East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim—For the Petitioners. A..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......co Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— For the Petitioner. M.A. Karim— For the Op..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....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. ......Govt. of Bangladesh and others, 30 DLR 423; Md. Makhlesur Rahman Vs. State, 28 DLR 172; Nakhudali Vs. M. F. Jayaratne, 1951 AC 66; Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105. Lawyers Involved S. C. Das with Omar Hayet— For the Petitioner. A.F.M. Hasan Arif, D..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....ow what is the type of legal evidence on the basis of which a real offender can be punished in the peculiar state of available evidence in each case. Perhaps a short time is enough to learn the basic principles of the relevant laws but common sense in the matter of eliciting legal incriminating evid......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...............................Appellant Vs. The State........................................Respondent Judgment November 29, 1985 Result: The Appeal is allowed. Lawyers Involved: M. Fazlul Karim with Amirul Kabir Chowdhury —For the Appellant. Q...

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

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. ......ment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 (Allahabad) 260; 1946 MLJ 8. Lawyers Involved Abu Sayeed Ahmed— For the Petitioner. Md. Fazlul Karim, with M. A...

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. ......85. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lahore) 350 =27 CrLJ, 562; AIR 1929 (Allahabad) 2601946 MLJ 8. Lawyers Involved: Abu Sayeed Ahmed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - F..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......p;…….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad— For the Petitioners..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......llip;……Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhammed with Momtazuddin Ahmed— For the Petitioner. A..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

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