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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....r the O.P. No.1, referred to two decisions reported in 4 D.L.R 360 and 35 CWN 519. He has also referred to a decision reported in A.I.R. 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substan..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e for the O. P. No.1, referred to two decisions reported in 4 DLR 360 and 35 CWN 519. He has also referred to a decision reported in AIR 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substan..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... the rule. 7. Mr. Rafiqul Huq, learned Counsel, appearing for the defendant‑petitioner, placed before us Order Nos. 39 and 40 and submitted that the learned Subordinate Judge did not apply his judicial mind to the objections raised by the defendant, which are even admitted/ conceded by the Co..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
.... of the disputed huts and that the alleged occurrence was absolutely false. The petitioner filed Naraji and thereafter the Subdivisional Magistrate directed Mr. S. A. Chowdhury, Magistrate, to hold a judicial inquiry. Mr. Chowdhury submitted a report on completion of enquiry and stated that a prima ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
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. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....s instructions and advice. Further from 27-12-83 the said U.N.O. instructed the Bench Officer of the Criminal Court and others not to work in the Court of the Munsif-Magistrate and thereby the normal judicial works of the Court suffered. 3. That the said U.N.O. also interfered with the leave an..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....h is as follows:— “Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be statement..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....er well-settled that the jurisdiction of the civil Court cannot be completely ousted even in the face of express ouster of jurisdiction in a given statute. It has been repeatedly laid down by several judicial pronouncements that any provision made in a particular statute barring the jurisdiction of ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....was a colleague of the deceased Mukul who was himself a retired police officer. The Investigating Officer put the appellant to illegal detention at his own house for 5 days and obtained the judicial confession by torture, beating, threats, intimidation and inducement. The learned Additiona..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....al is allowed. 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 o..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....Judge, 2nd Court, Sylhet set aside the order of dismissal of the complaint by his judgment dated 8.9.83 and directed further enquiry into complaint. In pursuance thereof the concerned Magistrate held judicial enquiry and took cognizance of the offence in C.R. Case No.568 of 1983 under Sections 147/1..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....mmission of the offence. Evidence of identification with this and in view outside the Court is relevant under section 9 of the Evidence Act but this is not substantive evidence as it is made in extra-judicial proceedings and not made on oath. This can however be used for corroboration or contradicti..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....ourt subordinate to it and competent to try or dispose of the same." Mr. Farmanullah Khan, the learned Advocate could not cite any authority that the grounds taken by him is accepted by any judicial authority as sufficient ground for transfer of a case from one station to another station w..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....ourts below and the evidence on record has contended that the learned Additional District Judge has erred in law in reversing the judgment and decree of the learned Munsif and had failed to apply his judicial mind to the facts and circumstances of the case and specially that of the Pleader Commissio..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....egarding the same incident whereupon the learned Magistrate examined the complainant on oath and transferred the case to another Magistrate for holding Judicial enquiry into the matter. When the judicial enquiry was being held the complainant was found absent consecutively for two days i.e..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....l right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as defendants in the suit with a vi..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....t by its manager i.e. by Mutawalli or Shebait or Mohant, etc. Insertion of Articles 134 A, 134 B and 134 C in the Limitation Act by Amending Act 1 of 1929 is only a legislative recognition of a sound judicial decision based on the well-known legal maxim that prescription does not run against a perso..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ct…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... 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
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....rea as the Government would deem fit and necessary. The particulars which are required to be incorporated under those draft record-of-rights have been mentioned in the rules framed for the purpose. A judicial notice can be taken that the draft or the revised khatians that were directed to be prepare..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2