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Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

.... (From the judgment and order dated 6 July 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 22 of 1983.) Judgment Shahabuddin Ahmed J.—In this appeal the simple question is whether a contiguous land­holder is entitled to pre-empt the land which has b....... 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. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....te. The contemner Abdul Karim Sarker, U.N.O. (Upazilla Nirbahi Officer), Chilmari, District Kurigram is found guilty of gross contempt of Court and is convicted of the same. He is sentenced to suffer simple imprisonment for 7 (seven) days and to pay a fine of Tk.1000/- in default, to suffer simple i...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ......ting the stitches) seen on the upper part of the abdominal wall, about 1½" below and right to Zyphoid process of the sternum Stomach and intestine were seen to be cut corresponding to the injuries. Death in his opinion was due to shock and haemorrhage and pertonitis as a result of the ab..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

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.         ......ection 397 of the Penal Code, there is a clear confession that he struck P.W.4 Matiur with a hashua and thereby grievously injured him. Although no medical evidence has been adduced in support of the injuries sustained by P.W.4 Matiur, the trial Court observed the injuries on the person of P.W.4 and..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ......A little later the miscreants went out of the house. Informant Zaheda Begum was unfastened by one of the miscreants. She rushed to their hut and found that her hus­band was lying death with knife injuries on the right side of the neck. The informant narrated various prior incidents suggesting en..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ......nesses the witnesses included some relations as well as independent persons and that the Medical evidence of the Doctor holding post mortem examination clearly proved that the death resulted from the injuries inflicted by the accused which were ante-mortem and homicidal in nature. Thus the learned D..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

....ha lands by claiming the same to be their paternal property so there was a complicated question of title and in such a position when the plaintiffs did not bring the suit for declaration of title the simple suit for injunction was not maintain­able. The relevant findings of the learned Additiona......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79.     ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......t to start for Cantonment a police man came from Alikadam P.S. On being informed by him he along with others went to Alikadam P.S. and found the dead body of his son Rabi Chandra Chakma with multiple injuries on his person. He was then called to the Cantonment. He was then told that the dead body of..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....vices only and not a contract of service and hence there was no question of any master and servant relation. It was also held there that this question of the relation of master and servant would be a simple question of fact and not a question of law unless it is contained in a written docum­ent ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7.   ..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

....tant Custodian of Enemy Property, Chittagong (now Assistant Custodian of Vested Property, Chittagong) has no locus stand! to file objection under section 47 CPC as be was not a party to the suit. The simple answer to this argument is that as undisputedly judgment, debtors Nos.1 to 4 are enemies ^wit...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ......zruz Mia Member. He also went towards the house of Buzruz Mia member and found that Buzruz Mia had died sustaining gun shot. Buzruz Mia member's wife daughters, mother and his halia had sustained injuries. He found that the door of the building of Buzruz Mia was broken. Deceased Buzruz Mia's..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

....at the learned Judge committed an error in rejecting the objec­tion of the petitioner as to maintainability as the Court in fact had no jurisdiction to enter­tain the said application for the simple reason that Nasu Khan was never a resident of Khulna and never also had resided at Khulna at ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ......accused Alimuddin. P.W. Mir Ahmed was assaulted by accused Azimuddin. After 10/12 minutes of the occurrence the witnesses came and found Kabir Ahmed lying dead on the Aochiachara bridge with bleeding injuries. P.W. 17 Sub-Inspector Nurul Huq who, as already stated, had come to village Kanchana in th..

Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1

M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)

....ionary. It means "Plain Bun", "Small flat Cake", "Biscuit". The word 'Cookie' therefore is descriptive of the product. The plaintiff does not call its product as simple 'Cookie', but 'Mr. Cookie'. The constant reference to their product as 'M......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107       ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12

M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)

....ionary. It means "Plain Bun", "Small flat Cake", "Biscuit". The word 'Cookie' therefore is descriptive of the product. The plaintiff does not call its product as simple 'Cookie', but Mr. Cookie. The constant reference to their product as 'Mr. Cookie&......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....e successor judge is illegal. The consequence of an illegal assumption of jurisdiction need not be spelt out in black and white in a statute. The decision will fail for want of jurisdiction. it is as simple as that. In the result the appeal is allowed but without any order as to costs. The judg......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)

....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277.         ......na near the tank of the complainant party which the complainant came to demolish with hired lathials. In such circumstances mutual fight occurred over this affair there. The deceased persons received injuries from unknown person and died as a consequence of that. 4. Mr. Azizul Haque, the learne..

Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....Court upon a ques­tion of fact is final, if that Court had before it evidence proper for its con­sideration in support of the finding." The question involved in that case was rather simple, whether an ejmali property had been partitioned between two brothers, upon the death of one ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ...... murdered and that his deadbody was found out from a bil. This has been independently proved by the evidence of P.W.4 Dr. A.M. Mohammad Ali who held postmortem examination on the deadbody and found 4 injuries on the person of Jitendra and gave his opinion that death was due to shock and haemorrhage ..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....ause all public statutory bodies whether they run for profit or gain or not, will claim exemption under sub-clause (i) on the footing that they are "offices under the Government" and on the simple ground that the Government holds the rein over them. 15. We, therefore, hold that the sa......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1